| 1 | A bill to be entitled |
| 2 | An act relating to the Gaming Compact between the |
| 3 | Seminole Tribe of Florida and the State of Florida; |
| 4 | amending s. 285.710, F.S.; directing the Governor to |
| 5 | negotiate and execute an amendment to the compact for |
| 6 | certain purposes; conforming cross-references; |
| 7 | amending s. 285.712, F.S.; designating the Governor as |
| 8 | the state officer responsible for negotiating and |
| 9 | executing amendments to existing tribal gaming |
| 10 | compacts; requiring certain amendments to such compact |
| 11 | to be conditioned on ratification by the Legislature; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsections (4) through (14) of section |
| 17 | 285.710, Florida Statutes, are renumbered as subsections (5) |
| 18 | through (15), respectively, present subsections (9), (11), and |
| 19 | (14) are amended, and a new subsection (4) is added to that |
| 20 | section, to read: |
| 21 | 285.710 Compact authorization.- |
| 22 | (4) The Governor is authorized and directed to negotiate |
| 23 | and execute an amendment to the compact on behalf of the state |
| 24 | with the Tribe pursuant to the federal Indian Gaming Regulatory |
| 25 | Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. ss. 2701 et |
| 26 | seq., and s. 285.712 for the purpose of authorizing expanded |
| 27 | class III gaming at the locations specified in the compact. The |
| 28 | terms to be negotiated in an amendment to the compact shall be: |
| 29 | (a) Additional covered games offered to include all banked |
| 30 | card games, roulette, and craps; however, additional locations |
| 31 | other than those listed in Part IV, Section B of the compact may |
| 32 | not be authorized. |
| 33 | (b) An extension of the guaranteed minimum revenue sharing |
| 34 | cycle and guaranteed minimum compact term from 5 years to 20 |
| 35 | years after the effective date of the compact. |
| 36 | (c) In consideration of the additional covered games, a |
| 37 | requirement that the Tribe increase the guaranteed minimum |
| 38 | annual revenue sharing under Part XI of the compact to at least |
| 39 | $750 million per year. |
| 40 | (10)(9) The moneys paid by the Tribe to the state for the |
| 41 | benefit of exclusivity under the compact ratified by this |
| 42 | section shall be deposited into the General Revenue Fund. Three |
| 43 | percent of the amount paid by the Tribe to the state shall be |
| 44 | designated as the local government share and shall be |
| 45 | distributed as provided in subsections (11) (10) and (12) (11). |
| 46 | (12)(11) Upon receipt of the annual audited revenue |
| 47 | figures from the Tribe and completion of the calculations as |
| 48 | provided in subsection (11) (10), the state compliance agency |
| 49 | shall certify the results to the Chief Financial Officer and |
| 50 | shall request the distributions to be paid from the General |
| 51 | Revenue Fund within 30 days after authorization of nonoperating |
| 52 | budget authority pursuant to s. 216.181(12). |
| 53 | (15)(14) Notwithstanding any other provision of state law, |
| 54 | it is not a crime for a person to participate in the games |
| 55 | specified in subsection (14) (13) at a tribal facility operating |
| 56 | under the compact entered into pursuant to this section. |
| 57 | Section 2. Section 285.712, Florida Statutes, is amended |
| 58 | to read: |
| 59 | 285.712 Tribal-state gaming compacts.- |
| 60 | (1) The Governor is the designated state officer |
| 61 | responsible for negotiating and executing, on behalf of the |
| 62 | state, tribal-state gaming compacts or amendments to tribal- |
| 63 | state gaming compacts authorized under subsection (2) with |
| 64 | federally recognized Indian tribes located within the state |
| 65 | pursuant to the federal Indian Gaming Regulatory Act of 1988, 18 |
| 66 | U.S.C. ss. 1166-1168 and 25 U.S.C. ss. 2701 et seq., for the |
| 67 | purpose of authorizing class III gaming, as defined in that act, |
| 68 | on Indian lands within the state. |
| 69 | (2) Any tribal-state compact relating to gaming |
| 70 | activities, or any amendment that alters provisions relating to |
| 71 | covered games, the amount of revenue sharing payments, |
| 72 | suspension or reduction in payments, or exclusivity in an |
| 73 | existing tribal-state gaming compact, which is entered into by |
| 74 | an Indian tribe in this state and the Governor pursuant to |
| 75 | subsection (1) must be conditioned upon ratification by the |
| 76 | Legislature. |
| 77 | (3) Following completion of negotiations and execution of |
| 78 | a compact or an amendment to a compact authorized under |
| 79 | subsection (2), the Governor shall submit a copy of the executed |
| 80 | tribal-state compact or amendment to the President of the Senate |
| 81 | and the Speaker of the House of Representatives as soon as it is |
| 82 | executed. To be effective, the compact or amendment must be |
| 83 | ratified by both houses of the Legislature by a majority vote of |
| 84 | the members present. The Governor shall file the executed |
| 85 | compact or amendment with the Secretary of State pursuant to s. |
| 86 | 15.01. |
| 87 | (4) Upon receipt of an act ratifying a tribal-state |
| 88 | compact, the Secretary of State shall forward a copy of the |
| 89 | executed compact and the ratifying act to the United States |
| 90 | Secretary of the Interior for his or her review and approval, in |
| 91 | accordance with 25 U.S.C. s. 2710(8)(d). |
| 92 | Section 3. This act shall take effect upon becoming a law. |