Florida Senate - 2021                              CS for SB 2-A
       
       
        
       By the Committee on Appropriations; and Senator Hutson
       
       
       
       
       
       576-00038-21A                                           20212Ac1
    1                        A bill to be entitled                      
    2         An act relating to the implementation of the 2021
    3         gaming compact between the Seminole Tribe of Florida
    4         and the State of Florida; amending s. 285.710, F.S.;
    5         revising the definition of the term “compact”;
    6         providing for legislative approval and ratification of
    7         a gaming compact between the Seminole Tribe of Florida
    8         and the state; requiring the Governor to cooperate
    9         with the Tribe in seeking approval and ratification of
   10         such compact from the United States Secretary of the
   11         Interior; specifying that such compact supersedes a
   12         certain other gaming compact under certain
   13         circumstances; revising local government share
   14         distributions; authorizing the Tribe to conduct
   15         additional games, contests, and sports betting;
   16         providing age requirements for fantasy sports contests
   17         and sports betting; specifying that certain games and
   18         gaming activities do not violate the laws of this
   19         state; conforming cross-references; amending s.
   20         285.712, F.S.; revising requirements for the Secretary
   21         of State relating to a compact; amending s. 551.102,
   22         F.S.; defining the term “independent testing
   23         laboratory”; amending s. 551.103, F.S.; conforming a
   24         provision to changes made by the act; amending s.
   25         849.086, F.S.; providing conditions, requirements, and
   26         prohibitions relating to poker games played in a
   27         designated player manner; prohibiting a person
   28         licensed to operate a cardroom from operating certain
   29         games; providing contingent effective dates.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Effective upon becoming a law, paragraph (a) of
   34  subsection (1) and subsection (3) of section 285.710, Florida
   35  Statutes, are amended to read:
   36         285.710 Compact authorization.—
   37         (1) As used in this section, the term:
   38         (a) “Compact” means the most recent ratified and approved
   39  gaming compact between the Seminole Tribe of Florida and the
   40  State of Florida, executed on April 7, 2010.
   41         (3)(a) The gaming compact between the Seminole Tribe of
   42  Florida and the State of Florida, executed by the Governor and
   43  the Tribe on April 7, 2010, was is ratified and approved by
   44  chapter 2010-29, Laws of Florida.
   45         (b)The gaming compact between the Seminole Tribe of
   46  Florida and the State of Florida, executed by the Governor and
   47  the Tribe on April 23, 2021, as amended on May 17, 2021, is
   48  ratified and approved. The Governor shall cooperate with the
   49  Tribe in seeking approval of such compact ratified and approved
   50  under this paragraph from the United States Secretary of the
   51  Interior. Upon becoming effective, such compact supersedes the
   52  gaming compact ratified and approved under paragraph (a). If the
   53  gaming compact ratified and approved under this paragraph is not
   54  approved by the United States Secretary of the Interior or is
   55  invalidated by court action or change in federal law, the gaming
   56  compact ratified and approved under paragraph (a) shall remain
   57  in effect The Governor shall cooperate with the Tribe in seeking
   58  approval of the compact from the United States Secretary of the
   59  Interior.
   60         Section 2. Paragraphs (b), (c), and (d) of subsection (10)
   61  and subsection (13) of section 285.710, Florida Statutes, are
   62  amended, and paragraph (h) is added to subsection (10) of that
   63  section, to read:
   64         285.710 Compact authorization.—
   65         (10) The calculations necessary to determine the local
   66  government share distributions shall be made by the state
   67  compliance agency based upon the net win per facility as
   68  provided by the Tribe. The local government share attributable
   69  to each casino shall be distributed as follows:
   70         (b) Broward County shall receive 25 percent, the City of
   71  Hollywood shall receive 40 55 percent, the Town of Davie shall
   72  receive 25 10 percent, and the City of Dania Beach shall receive
   73  10 percent of the local government share derived from the
   74  Seminole Indian Casino-Hollywood.
   75         (c) Broward County shall receive 25 percent, the City of
   76  Hollywood shall receive 40 55 percent, the Town of Davie shall
   77  receive 25 10 percent, and the City of Dania Beach shall receive
   78  10 percent of the local government share derived from the
   79  Seminole Hard Rock Hotel & Casino-Hollywood.
   80         (d) Collier County shall receive 75 100 percent and the
   81  Immokalee Fire Control District shall receive 25 percent of the
   82  local government share derived from the Seminole Indian Casino
   83  Immokalee.
   84         (h)Broward County shall receive 25 percent, the City of
   85  Hollywood shall receive 35 percent, the Town of Davie shall
   86  receive 30 percent, and the City of Dania Beach shall receive 10
   87  percent of the local government share derived from the
   88  additional facilities authorized to be added to the Tribe’s
   89  Hollywood Reservation under the gaming compact ratified,
   90  approved, and described in subsection (3).
   91         (13)(a) For the purpose of satisfying the requirement in 25
   92  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
   93  under an Indian gaming compact must be permitted in the state
   94  for any purpose by any person, organization, or entity, the
   95  following class III games or other games specified in this
   96  section are hereby authorized to be conducted by the Tribe
   97  pursuant to the compact described in subsection (3)(a), if the
   98  compact described in subsection (3)(b) is not effective:
   99         1.(a) Slot machines, as defined in s. 551.102(9) s.
  100  551.102(8).
  101         2.(b) Banking or banked card games, including baccarat,
  102  chemin de fer, and blackjack or 21 at the tribal facilities in
  103  Broward County, Collier County, and Hillsborough County.
  104         3.(c) Raffles and drawings.
  105         (b)For the purpose of satisfying the requirement in 25
  106  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  107  under an Indian gaming compact must be permitted in the state
  108  for any purpose by any person, organization, or entity, the
  109  following class III games or other games specified in this
  110  section are hereby authorized to be conducted by the Tribe
  111  pursuant to the compact described in subsection (3)(b), when
  112  such compact has been approved by the United States Secretary of
  113  the Interior, has not been invalidated by court action or change
  114  in federal law, and is effective:
  115         1. Slot machines, as defined in s. 551.102(9).
  116         2. Banking or banked card games, including baccarat, chemin
  117  de fer, and blackjack (21), and card games banked by the house,
  118  by a bank established by the house, or by a player.
  119         3. Raffles and drawings.
  120         4.Craps, including dice games such as sic-bo and any
  121  similar variations thereof.
  122         5.Roulette, including big six and any similar variations
  123  thereof.
  124         6. Fantasy sports contests. The acceptance of entry fees
  125  for fantasy sports contests conducted by the Tribe, including
  126  the receipt of entry fees paid by players physically located
  127  within the state using a mobile or other electronic device,
  128  shall be deemed to be exclusively conducted by the Tribe where
  129  the servers or other devices used to conduct such contests on
  130  the Tribe’s Indian lands are located. A person must be 21 years
  131  of age or older to pay an entry fee for fantasy sports contests.
  132         7. Sports betting. Wagers on sports betting, including
  133  wagers made by players physically located within the state using
  134  a mobile or other electronic device, shall be deemed to be
  135  exclusively conducted by the Tribe where the servers or other
  136  devices used to conduct such wagering activity on the Tribe’s
  137  Indian lands are located. A person must be 21 years of age or
  138  older to wager on sports betting.
  139  
  140  Games and gaming activities authorized under this subsection and
  141  conducted pursuant to a gaming compact ratified and approved
  142  under subsection (3) do not violate the laws of this state.
  143         Section 3. Effective upon becoming a law, subsection (4) of
  144  section 285.712, Florida Statutes, is amended to read:
  145         285.712 Tribal-state gaming compacts.—
  146         (4) Upon receipt of an act ratifying a tribal-state
  147  compact, the Secretary of State shall coordinate with the
  148  parties to the compact to formally submit forward a copy of the
  149  executed compact and the ratifying act to the United States
  150  Secretary of the Interior for his or her review and approval, in
  151  accordance with 25 U.S.C. s. 2710(d)(8) 25 U.S.C. s. 2710(8)(d).
  152         Section 4. Present subsections (5) through (13) of section
  153  551.102, Florida Statutes, are redesignated as subsections (6)
  154  through (14), respectively, and a new subsection (5) is added to
  155  that section, to read:
  156         551.102 Definitions.—As used in this chapter, the term:
  157         (5) “Independent testing laboratory” means an independent
  158  laboratory:
  159         (a)With demonstrated competence testing gaming machines
  160  and equipment;
  161         (b)That is licensed by at least 10 other states; and
  162         (c)That has not had its license suspended or revoked by
  163  any other state within the immediately preceding 10 years.
  164         Section 5. Paragraph (c) of subsection (1) of section
  165  551.103, Florida Statutes, is amended to read:
  166         551.103 Powers and duties of the division and law
  167  enforcement.—
  168         (1) The division shall adopt, pursuant to the provisions of
  169  ss. 120.536(1) and 120.54, all rules necessary to implement,
  170  administer, and regulate slot machine gaming as authorized in
  171  this chapter. Such rules must include:
  172         (c) Procedures to scientifically test and technically
  173  evaluate slot machines for compliance with this chapter. The
  174  division may contract with an independent testing laboratory to
  175  conduct any necessary testing under this section. The
  176  independent testing laboratory must have a national reputation
  177  which is demonstrably competent and qualified to scientifically
  178  test and evaluate slot machines for compliance with this chapter
  179  and to otherwise perform the functions assigned to it in this
  180  chapter. An independent testing laboratory shall not be owned or
  181  controlled by a licensee. The use of an independent testing
  182  laboratory for any purpose related to the conduct of slot
  183  machine gaming by a licensee under this chapter shall be made
  184  from a list of one or more laboratories approved by the
  185  division.
  186         Section 6. Subsection (10) and paragraph (a) of subsection
  187  (12) of section 849.086, Florida Statutes, are amended, and
  188  paragraph (h) is added to subsection (7) of that section, to
  189  read:
  190         849.086 Cardrooms authorized.—
  191         (7) CONDITIONS FOR OPERATING A CARDROOM.—
  192         (h)Poker games played in a designated player manner in
  193  which one player is permitted, but not required, to cover other
  194  players’ wagers must comply with the following restrictions:
  195         1.Poker games to be played in a designated player manner
  196  must have been identified in cardroom license applications
  197  approved by the division on or before March 15, 2018, or, if a
  198  substantially similar poker game, identified in cardroom license
  199  applications approved by the division on or before April 1,
  200  2021.
  201         2.If the cardroom is located in a county where slot
  202  machine gaming is authorized under chapter 285 or chapter 551,
  203  the cardroom operator is limited to offering no more than 10
  204  tables for the play of poker games in a designated player
  205  manner.
  206         3.If the cardroom is located in a county where slot
  207  machine gaming is not authorized under chapter 285 or chapter
  208  551, the cardroom operator is limited to offering no more than
  209  30 tables for the play of poker games in a designated player
  210  manner.
  211         4.There may not be more than nine players and the
  212  nonplayer dealer at each table.
  213         (10) FEE FOR PARTICIPATION; PROHIBITIONS RELATING TO
  214  ECONOMIC INTEREST AND WINNINGS FOR CERTAIN GAMES.—
  215         (a) The cardroom operator may charge a fee for the right to
  216  participate in games conducted at the cardroom. Such fee may be
  217  either a flat fee or hourly rate for the use of a seat at a
  218  table or a rake subject to the posted maximum amount but may not
  219  be based on the amount won by players. The rake-off, if any,
  220  must be made in an obvious manner and placed in a designated
  221  rake area which is clearly visible to all players. Notice of the
  222  amount of the participation fee charged shall be posted in a
  223  conspicuous place in the cardroom and at each table at all
  224  times.
  225         (b)1.A cardroom operator may not have any direct economic
  226  interest in a poker game played in a designated player manner,
  227  except for the rake.
  228         2.A cardroom operator may not receive any portion of the
  229  winnings of a poker game played in a designated player manner.
  230         (12) PROHIBITED ACTIVITIES.—
  231         (a) No person licensed to operate a cardroom may conduct
  232  any banking game or any game not specifically authorized by this
  233  section or operate any game that violates the exclusivity
  234  provided in the gaming compact ratified, approved, and described
  235  in s. 285.710(3).
  236         Section 7. Except as otherwise expressly provided in this
  237  act and except for this section, which shall take effect upon
  238  this act becoming a law, this act shall take effect only if the
  239  Gaming Compact between the Seminole Tribe of Florida and the
  240  State of Florida executed by the Governor and the Seminole Tribe
  241  of Florida on April 23, 2021, as amended on May 17, 2021, under
  242  the Indian Gaming Regulatory Act of 1988, is approved or deemed
  243  approved and not voided by the United States Department of the
  244  Interior, and shall take effect on the date that notice of the
  245  effective date of the compact is published in the Federal
  246  Register.