Florida Senate - 2012                                     SB 710
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00517-12                                            2012710__
    1                        A bill to be entitled                      
    2         An act relating to gaming; amending s. 20.165, F.S.;
    3         deleting the Division of Pari-mutuel Wagering within
    4         the Department of Business and Professional
    5         Regulation; creating s. 20.318, F.S.; establishing the
    6         Department of Gaming Control; designating the State
    7         Gaming Commission as head of the department; defining
    8         terms; specifying powers and duties of the department;
    9         authorizing the department to take testimony;
   10         authorizing the department to exclude persons from
   11         certain gaming establishments; authorizing the
   12         department to collect taxes and require compliance
   13         with reporting requirements for financial information;
   14         authorizing the department to conduct investigations
   15         and impose certain fines; authorizing the department
   16         to adopt rules; authorizing the department to contract
   17         with the Department of Law Enforcement for certain
   18         purposes; directing the department to contract with
   19         the Department of Revenue for tax collection and
   20         financial audit services; authorizing the Department
   21         of Revenue to assist in financial investigations of
   22         licensees and applicants for licenses; requiring the
   23         department to assist the Department of Revenue for the
   24         benefit of financially dependent children; authorizing
   25         the department to terminate certain deficient license
   26         applications and approve licenses; amending s. 120.80,
   27         F.S.; deleting certain exceptions and special
   28         requirements regarding hearings applicable to the
   29         Department of Business and Professional Regulation;
   30         creating certain exceptions and special requirements
   31         regarding hearings within the Department of Gaming
   32         Control; exempting the Destination Resort Selection
   33         Committee from specified provisions of the
   34         Administrative Procedure Act; designating ss. 551.101
   35         551.123, F.S., as pt. II of ch. 551, F.S., entitled
   36         “Slot Machines”; creating ss. 551.002-551.012, F.S.,
   37         as pt. I of ch. 551, F.S., entitled “State Gaming
   38         Commission”; creating s. 551.002, F.S.; providing
   39         definitions; creating s. 551.003, F.S.; creating the
   40         State Gaming Commission; providing for membership,
   41         terms, service, and compensation; providing for a
   42         chair and vice chair; providing that the chair is the
   43         administrative head of the commission; providing for a
   44         quorum, headquarters, and meetings; providing that the
   45         commission serves as the agency head for the
   46         department for purposes of the Administrative
   47         Procedure Act; providing that the executive director
   48         of the commission may serve as the agency head for the
   49         department for certain related purposes; creating s.
   50         551.004, F.S.; creating the State Gaming Commission
   51         Nominating Committee; providing for membership,
   52         organization, and responsibilities of the committee;
   53         providing procedures for nomination and appointment of
   54         members of the commission; creating s. 551.006, F.S.;
   55         providing for an executive director of the department;
   56         creating s. 551.007, F.S.; providing for the
   57         department to employ law enforcement officers or, by
   58         interagency agreement, the Department of Law
   59         Enforcement to enforce laws within its jurisdiction;
   60         creating s. 551.008, F.S.; providing for a code of
   61         ethics for the commission and its employees, including
   62         restrictions following membership or employment;
   63         defining the terms “business entity” and “outside
   64         employment”; creating s. 551.009, F.S.; providing for
   65         disclosure of certain information by commission
   66         members, employees, and agents; prohibiting certain
   67         negotiations for employment by commission members,
   68         employees, and agents; prohibiting certain gifts;
   69         requiring reporting of bribe offers; creating s.
   70         551.011, F.S.; providing procedures relating to ex
   71         parte communications; providing for the Commission on
   72         Ethics to investigate complaints, report to the
   73         Governor, and enforce assessed penalties; requiring
   74         the Commission on Ethics to provide notice to a person
   75         alleged to have participated in an ex parte
   76         communication and allow that person to present a
   77         defense; providing penalties; creating s. 551.012,
   78         F.S.; providing penalties for violation of specified
   79         provisions by a commission member, employee, or agent;
   80         creating ss. 551.301-551.331, F.S., as pt. III of ch.
   81         551, F.S., entitled “Destination Resorts”; creating s.
   82         551.301, F.S.; providing a short title; creating s.
   83         551.302, F.S.; providing definitions; creating s.
   84         551.304, F.S.; specifying the powers of the
   85         commission, including the power to authorize gaming at
   86         a limited number of destination resorts, conduct
   87         investigations, issue subpoenas, take enforcement
   88         actions, and create an invitation to negotiate process
   89         to evaluate applications for a resort license;
   90         authorizing the commission to collect taxes,
   91         assessments, fees, and penalties; specifying the
   92         jurisdiction and authority of the commission, the
   93         Department of Law Enforcement, and local law
   94         enforcement agencies to investigate criminal
   95         violations and enforce compliance with law; requiring
   96         the commission to revoke or suspend the license of a
   97         person who was unqualified at the time of licensure or
   98         who is no longer qualified to be licensed; creating s.
   99         551.305, F.S.; authorizing the commission to adopt
  100         rules relating to the types of gaming authorized,
  101         requirements for the issuance, renewal, revocation,
  102         and suspension of licenses, the disclosure of
  103         financial interests, procedures to test gaming
  104         equipment, procedures to verify gaming revenues and
  105         the collection of taxes, requirements for gaming
  106         equipment, procedures relating to a facilities-based
  107         computer system, bond requirements of resort
  108         licensees, the maintenance of records, procedures to
  109         calculate the payout percentages of slot machines,
  110         security standards, the scope and conditions for
  111         investigations and inspections into the conduct of
  112         limited gaming, the seizure of gaming equipment and
  113         records without notice or a warrant, employee drug
  114         testing programs, and the payment of costs, fines, and
  115         application fees; authorizing the commission to adopt
  116         emergency rules; exempting the rules from specified
  117         provisions of the Administrative Procedure Act;
  118         creating s. 551.306, F.S.; preempting the regulation
  119         of limited gaming at a destination resort to the
  120         state; creating s. 551.307, F.S.; restricting the
  121         award of resort licenses by the commission;
  122         authorizing participation in gaming at a licensed
  123         resort; creating s. 551.308, F.S.; requiring the
  124         commission to develop an invitation to negotiate
  125         process to award a resort license; providing criteria
  126         and procedures; creating s. 551.309, F.S.; specifying
  127         the criteria for evaluation of applications and award
  128         of a destination resort license; specifying events
  129         that disqualify an applicant from eligibility for a
  130         resort license; defining the term “conviction”;
  131         creating s. 551.310, F.S.; providing for applications
  132         for a destination resort license; specifying the
  133         information that must be on or included with an
  134         application for a resort license; providing for
  135         collection of fingerprints; providing for application
  136         fees for a resort license to defray the costs of an
  137         investigation of the applicant; requiring the payment
  138         of application and licensing fees to be submitted with
  139         the application for a resort license; creating s.
  140         551.311, F.S.; providing that an incomplete
  141         application is grounds for denial of the application;
  142         requiring the executive director to notify an
  143         applicant for a resort license if the application is
  144         incomplete; authorizing the applicant to have an
  145         informal conference with the executive director to
  146         discuss an incomplete application; authorizing the
  147         executive director to grant an extension to complete
  148         an application; providing for the stay of the award of
  149         a resort license during an extension or an appeal to
  150         the commission of a finding by the executive director
  151         that an application is incomplete; creating s.
  152         551.312, F.S.; exempting an institutional investor
  153         that is a qualifier for a resort licensee from certain
  154         application requirements under certain circumstances;
  155         requiring notice to the commission of any changes that
  156         may require a person to comply with the full
  157         application requirements; creating s. 551.313, F.S.;
  158         exempting lending institutions and underwriters from
  159         licensing requirements as a qualifier under certain
  160         circumstances; creating s. 551.314, F.S.; specifying
  161         conditions for a resort licensee to maintain
  162         licensure; authorizing the department to adopt rules
  163         relating to approval of the licensee’s computer
  164         system; creating s. 551.315, F.S.; requiring that the
  165         licensee post a bond; authorizing the department to
  166         adopt rules relating to such bonds; creating s.
  167         551.316, F.S.; specifying conditions for the conduct
  168         of limited gaming by a resort licensee; providing
  169         hours and days of operation and the setting of minimum
  170         and maximum wagers; requiring the department to renew
  171         the license of a resort licensee if the licensee
  172         satisfies specified conditions; creating s. 551.318,
  173         F.S.; specifying an annual fee for the renewal of a
  174         resort license; imposing gross receipts tax; providing
  175         for the deposit of funds; providing for the proceeds
  176         of the gross receipts tax to fund the operations of
  177         the department; providing for annual distribution of
  178         certain unappropriated funds in the department’s
  179         Destination Resort Trust Fund; creating s. 551.319,
  180         F.S.; providing procedures for the submission and
  181         processing of fingerprints; providing that the cost of
  182         processing the fingerprints shall be borne by a
  183         licensee or applicant; requiring a person to report to
  184         the department certain pleas and convictions for
  185         disqualifying offenses; creating s. 551.321, F.S.;
  186         requiring a person to have a supplier license to
  187         furnish certain goods and services to a resort
  188         licensee; providing for application; providing for
  189         license fees to be set by rule based on certain
  190         criteria; requiring fingerprinting; specifying persons
  191         who are ineligible for supplier licensure; specifying
  192         circumstances under which the department may deny or
  193         revoke a supplier license; authorizing the department
  194         to adopt rules relating to the licensing of suppliers;
  195         requiring a supplier licensee to furnish a list of
  196         gaming devices and equipment to the department,
  197         maintain records, file quarterly returns, and affix
  198         its name to the gaming equipment and supplies that it
  199         offers; requiring that the supplier licensee annually
  200         report its inventory to the department; authorizing
  201         the department to suspend, revoke, or restrict a
  202         supplier license under certain circumstances;
  203         providing that the equipment of a supplier licensee
  204         which is used in unauthorized gaming will be forfeited
  205         to the county where the equipment is found; providing
  206         criminal penalties for a person who knowingly makes a
  207         false statement on an application for a supplier
  208         license; creating s. 551.322, F.S.; requiring a person
  209         to have an occupational license to serve as a limited
  210         gaming employee of a resort licensee; requiring a
  211         person to apply to the department for an occupational
  212         license and pay an application fee; specifying
  213         information that an applicant must include in an
  214         application for an occupational license, including
  215         fingerprints; providing eligibility requirements;
  216         specifying grounds for the department to deny,
  217         suspend, revoke, or restrict an occupational license;
  218         authorizing training to be conducted at certain
  219         facilities; providing criminal penalties for a person
  220         who knowingly makes a false statement on an
  221         application for an occupational license; creating s.
  222         551.323, F.S.; authorizing the executive director of
  223         the department to issue a temporary occupational or
  224         temporary supplier license under certain
  225         circumstances; creating s. 551.325, F.S.; requiring
  226         the commission to file quarterly reports with the
  227         Governor, the President of the Senate, and the Speaker
  228         of the House of Representatives; creating s. 551.327,
  229         F.S.; providing procedures for the resolution of
  230         certain disputes between a resort licensee and a
  231         patron; requiring a resort licensee to notify the
  232         department of certain disputes; requiring a resort
  233         licensee to notify a patron of the right to file a
  234         complaint with the department regarding certain
  235         disputes; authorizing the department to investigate
  236         disputes and to order a resort licensee to make a
  237         payment to a patron; providing that gaming-related
  238         disputes may be resolved only by the department and
  239         are not under the jurisdiction of state courts;
  240         creating s. 551.328, F.S.; providing for the
  241         enforcement of credit instruments; authorizing a
  242         resort licensee to accept an incomplete credit
  243         instrument and to complete incomplete credit
  244         instruments under certain circumstances; providing
  245         that existence of a mental disorder is not a defense
  246         or a valid counterclaim in an action to enforce a
  247         credit instrument; authorizing the department to adopt
  248         rules prescribing the conditions under which a credit
  249         instrument may be presented to a bank; creating s.
  250         551.330, F.S.; requiring a resort licensee to train
  251         its employees about compulsive gambling; requiring a
  252         resort licensee to work with a compulsive gambling
  253         prevention program; requiring the commission to
  254         contract for services relating to the prevention of
  255         compulsive gambling; providing for the commission’s
  256         compulsive gambling prevention program to be funded
  257         from a regulatory fee imposed on resort licensees;
  258         creating s. 551.331, F.S.; authorizing a person to
  259         request that the department exclude him or her from
  260         limited gaming facilities; providing for a form and
  261         contents of the form; providing that a self-excluded
  262         person who is found on a gaming floor may be arrested
  263         and prosecuted for criminal trespass; providing that a
  264         self-excluded person holds harmless the department and
  265         licensees from claims for losses and damages under
  266         certain circumstances; requiring the person to submit
  267         identification issued by the government; requiring the
  268         department to photograph the person requesting self
  269         exclusion; amending s. 561.20, F.S.; exempting
  270         destination resorts from certain limitations on the
  271         number of licenses to sell alcoholic beverages which
  272         may be issued; providing restrictions on a resort
  273         issued such license; requiring an annual state license
  274         tax to be paid by a resort for such license; providing
  275         for deposit of proceeds from the tax; preempting to
  276         the state the regulation of alcoholic beverages at
  277         destination resorts; providing hours and days
  278         alcoholic beverages may be sold at a resort; directing
  279         the commission to adopt rules; providing recordkeeping
  280         requirements; amending s. 849.15, F.S.; authorizing
  281         slot machine gaming in a resort licensee and the
  282         transportation of slot machines pursuant to federal
  283         law; exempting slot machine licensees from
  284         prohibitions relating to coin-operated devices;
  285         amending s. 849.231, F.S.; providing that a
  286         prohibition on gambling devices does not apply to slot
  287         machine licensees and resort licensees as authorized
  288         under specified provisions; amending s. 849.25, F.S.;
  289         providing that a prohibition on gaming does not apply
  290         to slot machine licensees and resort licensees as
  291         authorized under specified provisions; creating s.
  292         849.48, F.S.; requiring that a person or entity
  293         seeking to operate a gambling business, to allow
  294         gambling on the person’s or entity’s premises, or to
  295         lease, manufacture, or distribute gambling devices
  296         apply for licensure from the Department of Gaming
  297         Control; transferring and reassigning certain
  298         functions and responsibilities, including records,
  299         personnel, property, and unexpended balances of
  300         appropriations and other resources, from the Division
  301         of Pari-mutuel Wagering of the Department of Business
  302         and Professional Regulation to the Department of
  303         Gaming Control; transferring certain trust funds from
  304         the Department of Business and Professional Regulation
  305         to the Department of Gaming Control; amending s.
  306         551.102, F.S.; revising the definition of the term
  307         “eligible facility” as used in provisions relating to
  308         slot machines; conforming provisions to changes made
  309         by the act; amending ss. 285.710, 550.002, 550.0251,
  310         550.09514, 550.135, 550.24055, 550.2415, 550.2625,
  311         550.2704, 550.902, 550.907, 551.101, 551.103, 551.104,
  312         551.106, 551.107, 551.108, 551.109, 551.111, 551.112,
  313         551.117, 551.119, 551.122, 551.123, 565.02, 817.37,
  314         849.086, and 849.094, F.S.; correcting cross
  315         references and conforming provisions to changes made
  316         by the act; providing for severability; providing
  317         effective dates.
  318  
  319  Be It Enacted by the Legislature of the State of Florida:
  320  
  321         Section 1. Subsection (2) of section 20.165, Florida
  322  Statutes, is amended to read:
  323         20.165 Department of Business and Professional Regulation.
  324  There is created a Department of Business and Professional
  325  Regulation.
  326         (2) The following divisions of the Department of Business
  327  and Professional Regulation are established:
  328         (a) Division of Administration.
  329         (b) Division of Alcoholic Beverages and Tobacco.
  330         (c) Division of Certified Public Accounting.
  331         1. The director of the division shall be appointed by the
  332  secretary of the department, subject to approval by a majority
  333  of the Board of Accountancy.
  334         2. The offices of the division shall be located in
  335  Gainesville.
  336         (d) Division of Florida Condominiums, Timeshares, and
  337  Mobile Homes.
  338         (e) Division of Hotels and Restaurants.
  339         (f) Division of Pari-mutuel Wagering.
  340         (f)(g) Division of Professions.
  341         (g)(h) Division of Real Estate.
  342         1. The director of the division shall be appointed by the
  343  secretary of the department, subject to approval by a majority
  344  of the Florida Real Estate Commission.
  345         2. The offices of the division shall be located in Orlando.
  346         (h)(i) Division of Regulation.
  347         (i)(j) Division of Technology.
  348         (j)(k) Division of Service Operations.
  349         Section 2. Section 20.318, Florida Statutes, is created to
  350  read:
  351         20.318 Department of Gaming Control.—There is created a
  352  Department of Gaming Control.
  353         (1) GAMING COMMISSION.—The State Gaming Commission is the
  354  head of the Department of Gaming Control. The commission shall
  355  be responsible for appointing and removing the executive
  356  director and general counsel of the department.
  357         (2) DIVISIONS.—The Department of Gaming Control shall
  358  consist of the following divisions:
  359         (a) The Division of Enforcement.
  360         (b) The Division of Licensure.
  361         (c) The Division of Revenue and Audits.
  362         (3) DEFINITIONS.—As used in this section, the term:
  363         (a) “Commission” means the State Gaming Commission.
  364         (b) “Department” means the Department of Gaming Control.
  365         (c) “Gaming control” means any gaming activity, occupation,
  366  or profession regulated by the department.
  367         (d) “License” means any permit, registration, certificate,
  368  or license issued by the department.
  369         (e) “Licensee” means any person issued a permit,
  370  registration, certificate, or license by the department.
  371         (4) POWERS AND DUTIES.—
  372         (a) The department shall adopt rules establishing a
  373  procedure for the renewal of licenses.
  374         (b) The department shall submit an annual budget to the
  375  Legislature at a time and in the manner provided by law.
  376         (c) The department shall adopt rules pursuant to ss.
  377  120.536(1) and 120.54 to administer the provisions of law
  378  conferring duties upon it.
  379         (d) The department shall require an oath on application
  380  documents as required by rule, which oath must state that the
  381  information contained in the document is true and complete.
  382         (e) The department shall adopt rules for the control,
  383  supervision, and direction of all applicants, permittees, and
  384  licensees and for the holding, conducting, and operating of any
  385  gaming establishment under the jurisdiction of the department in
  386  this state. The department shall have the authority to suspend a
  387  permit or license under the jurisdiction of the department if
  388  such permitholder or licensee has violated any provision of
  389  chapter 550, chapter 551, or chapter 849 or rules adopted by the
  390  department. Such rules must be uniform in their application and
  391  effect, and the duty of exercising this control and power is
  392  made mandatory upon the department.
  393         (f) The department may take testimony concerning any matter
  394  within its jurisdiction and issue summons and subpoenas for any
  395  witness and subpoenas duces tecum in connection with any matter
  396  within the jurisdiction of the department under its seal and
  397  signed by the executive director.
  398         (g) In addition to the power to exclude certain persons
  399  from any pari-mutuel facility in this state, the department may
  400  exclude any person from any and all gaming establishments under
  401  the jurisdiction of the department in this state. The department
  402  may exclude from any gaming establishment under its jurisdiction
  403  within this state any person who has been ejected from a pari
  404  mutuel facility or other gaming establishment in this state or
  405  who has been excluded from any pari-mutuel facility or other
  406  gaming establishment in another state by the governmental
  407  department, agency, commission, or authority exercising
  408  regulatory jurisdiction over such facilities in such other
  409  state. The department may authorize any person who has been
  410  ejected or excluded from establishments in this state or another
  411  state to enter such facilities in this state upon a finding that
  412  the attendance of such person would not be adverse to the public
  413  interest or to the integrity of the industry; however, this
  414  paragraph may not be construed to abrogate the common-law right
  415  of a pari-mutuel permitholder or a proprietor of a gaming
  416  establishment to exclude absolutely a patron in this state.
  417         (h) The department may collect taxes and require compliance
  418  with reporting requirements for financial information as
  419  authorized by chapter 550, chapter 551, s. 849.086, or s.
  420  849.094. In addition, the executive director of the department
  421  may require gaming establishments within its jurisdiction within
  422  the state to remit taxes, including fees, by electronic funds
  423  transfer.
  424         (i) The department may conduct investigations necessary for
  425  enforcing chapters 550 and 551 and ss. 849.086 and 849.094.
  426         (j) The department may impose an administrative fine for a
  427  violation under chapter 550, chapter 551, s. 849.086, or s.
  428  849.094 of not more than $10,000 for each count or separate
  429  offense, except as otherwise provided in chapter 550, chapter
  430  551, s. 849.086, or s. 849.094, and may suspend or revoke a
  431  permit, an operating license, or an occupational license for a
  432  violation under chapter 550, chapter 551, s. 849.086, or s.
  433  849.094. All fines imposed and collected under this paragraph
  434  must be deposited with the Chief Financial Officer to the credit
  435  of the General Revenue Fund.
  436         (k) The department shall have sole authority and power to
  437  make, adopt, amend, or repeal rules relating to gaming
  438  operations, to enforce and to carry out the provisions of
  439  chapters 550 and 551 and ss. 849.086 and 849.094, and to
  440  regulate authorized gaming activities in the state.
  441         (l) The department may contract with the Department of Law
  442  Enforcement, through an interagency agreement, to enforce any
  443  criminal law or to conduct any criminal investigation.
  444         (m) The department shall contract with the Department of
  445  Revenue, through an interagency agreement, to perform the tax
  446  collection and financial audit services for the taxes required
  447  to be collected by entities licensed or regulated by chapter
  448  550, chapter 551, or chapter 849. The interagency agreement
  449  shall also allow the Department of Revenue to assist in any
  450  financial investigations of licensees or applications for
  451  licenses by the Department of Gaming Control or law enforcement
  452  agencies.
  453         (5) FINANCIALLY DEPENDENT CHILDREN; SUPPORT.—The department
  454  shall work cooperatively with the Department of Revenue to
  455  implement an automated method for periodically disclosing
  456  information relating to current licensees to the Department of
  457  Revenue. The purpose of this subsection is to promote the public
  458  policy of this state as established in s. 409.2551. The
  459  department shall, when directed by the court or the Department
  460  of Revenue pursuant to s. 409.2598, suspend or deny the license
  461  of any licensee found not to be in compliance with a support
  462  order, subpoena, order to show cause, or written agreement
  463  entered into by the licensee with the Department of Revenue. The
  464  department shall issue or reinstate the license without
  465  additional charge to the licensee when notified by the court or
  466  the Department of Revenue that the licensee has complied with
  467  the terms of the support order. The department is not liable for
  468  any license denial or suspension resulting from the discharge of
  469  its duties under this subsection.
  470         (6) LICENSING.—The department may:
  471         (a) Close and terminate deficient license application files
  472  2 years after the department notifies the applicant of the
  473  deficiency.
  474         (b) Approve gaming-related license applications that meet
  475  all statutory and rule requirements for licensure.
  476         Section 3. Subsection (4) of section 120.80, Florida
  477  Statutes, is amended, and subsections (19) and (20) are added to
  478  that section, to read:
  479         120.80 Exceptions and special requirements; agencies.—
  480         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  481         (a) Business regulation.—The Division of Pari-mutuel
  482  Wagering is exempt from the hearing and notice requirements of
  483  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  484  boards of judges when the hearing is to be held for the purpose
  485  of the imposition of fines or suspensions as provided by rules
  486  of the Division of Pari-mutuel Wagering, but not for
  487  revocations, and only upon violations of subparagraphs 1.-6. The
  488  Division of Pari-mutuel Wagering shall adopt rules establishing
  489  alternative procedures, including a hearing upon reasonable
  490  notice, for the following violations:
  491         1. Horse riding, harness riding, greyhound interference,
  492  and jai alai game actions in violation of chapter 550.
  493         2. Application and usage of drugs and medication to horses,
  494  greyhounds, and jai alai players in violation of chapter 550.
  495         3. Maintaining or possessing any device which could be used
  496  for the injection or other infusion of a prohibited drug to
  497  horses, greyhounds, and jai alai players in violation of chapter
  498  550.
  499         4. Suspensions under reciprocity agreements between the
  500  Division of Pari-mutuel Wagering and regulatory agencies of
  501  other states.
  502         5. Assault or other crimes of violence on premises licensed
  503  for pari-mutuel wagering.
  504         6. Prearranging the outcome of any race or game.
  505         (b) Professional regulation.Notwithstanding s.
  506  120.57(1)(a), formal hearings may not be conducted by the
  507  Secretary of Business and Professional Regulation or a board or
  508  member of a board within the Department of Business and
  509  Professional Regulation for matters relating to the regulation
  510  of professions, as defined by chapter 455.
  511         (19) DEPARTMENT OF GAMING CONTROL; PARI-MUTUEL WAGERING.—
  512         (a) The department is exempt from the hearing and notice
  513  requirements of ss. 120.569 and 120.57(1)(a) as applied to
  514  stewards, judges, and boards of judges if the hearing is to be
  515  held for the purpose of the imposition of fines or suspension as
  516  provided by rules of the department, but not for revocations,
  517  and only to consider violations of subparagraphs (b)1.-6.
  518         (b) The department shall adopt rules establishing
  519  alternative procedures, including a hearing upon reasonable
  520  notice, for the following:
  521         1. Horse riding, harness riding, greyhound interference,
  522  and jai alai game actions in violation of chapter 550.
  523         2. Application and administration of drugs and medication
  524  to horses, greyhounds, and jai alai players in violation of
  525  chapter 550.
  526         3. Maintaining or possessing any device that could be used
  527  for the injection or other infusion of a prohibited drug into a
  528  horse, greyhound, or jai alai players in violation of chapter
  529  550.
  530         4. Suspensions under reciprocity agreements between the
  531  department and regulatory agencies of other states.
  532         5. Assault or other crimes of violence on premises licensed
  533  for pari-mutuel wagering.
  534         6. Prearranging the outcome of any race or game.
  535         (20) STATE GAMING COMMISSION.—
  536         (a) The State Gaming Commission is exempt from the hearing
  537  and notice requirements of ss. 120.569 and 120.57(1)(a) in
  538  proceedings for the issuance or denial of a destination resort
  539  license.
  540         (b) Section 120.60 does not apply to applications for a
  541  destination resort license.
  542         (c) Notwithstanding s. 120.542, the State Gaming Commission
  543  may not accept a petition for waiver or variance and may not
  544  grant any waiver or variance from the requirements of part III
  545  of chapter 551.
  546         Section 4. Chapter 551, Florida Statutes, consisting of
  547  sections 551.101 through 551.123, is designated as part II of
  548  that chapter and entitled “Slot Machines”; part I of that
  549  chapter, consisting of sections 551.002 through 551.012, as
  550  created by this act, is entitled “State Gaming Commission”; and
  551  part III of that chapter, consisting of sections 551.301 through
  552  551.331, as created by this act, is entitled “Destination
  553  Resorts.”
  554         Section 5. Section 551.002, Florida Statutes, is created to
  555  read:
  556         551.002 Definitions.—As used in this chapter, the term:
  557         (1) “Affiliate” means a person or applicant who, directly
  558  or indirectly, through one or more intermediaries:
  559         (a) Controls, is controlled by, or is under common control
  560  of;
  561         (b) Is in a partnership or joint venture relationship with;
  562  or
  563         (c) Is a shareholder of a corporation, a member of a
  564  limited liability company, or a partner in a limited liability
  565  partnership with,
  566  
  567  an applicant for a resort license or a resort licensee.
  568         (2) “Chair” means the chair of the State Gaming Commission.
  569         (3) “Commission” means the State Gaming Commission.
  570         (4) “Conflict of interest” means a situation in which the
  571  private interest of a member, employee, or agent of the
  572  commission may influence his or her judgment in the performance
  573  of his or her public duty under this chapter. A conflict of
  574  interest includes, but is not limited to:
  575         (a) Any conduct that would lead a reasonable person having
  576  knowledge of all of the circumstances to conclude that the
  577  member, employee, or agent of the commission is biased against
  578  or in favor of an applicant.
  579         (b) The acceptance of any form of compensation from a
  580  source other than the commission for any services rendered as
  581  part of the official duties of the member, employee, or agent of
  582  the commission.
  583         (c) Participation in any business transaction with or
  584  before the commission in which the member, employee, or agent of
  585  the commission, or the parent, spouse, or child of a member,
  586  employee, or the agent, has a financial interest.
  587         (5) “Department” means the Department of Gaming Control.
  588         (6) “Division” means the Division of Licensure of the
  589  department.
  590         (7) “Executive director” means the executive director of
  591  the department.
  592         (8) “Financial interest” or “financially interested” means
  593  any interest in investments or awarding of contracts, grants,
  594  loans, purchases, leases, sales, or similar matters under
  595  consideration or consummated by the commission or the
  596  department, or ownership in an applicant or a licensee. A
  597  member, employee, or agent of the commission is deemed to have a
  598  financial interest in a matter if:
  599         (a) The individual owns any interest in any class of
  600  outstanding securities that are issued by a party to the matter
  601  under consideration by the commission or the department, except
  602  indirect interests such as a mutual fund or stock portfolios; or
  603         (b) The individual is employed by or is an independent
  604  contractor for a party to a matter under consideration by the
  605  commission or the department.
  606         Section 6. Section 551.003, Florida Statutes, is created to
  607  read:
  608         551.003 State Gaming Commission; creation and membership.—
  609         (1) CREATION.—There is created the State Gaming Commission.
  610  The commission shall be composed of seven members who are
  611  residents of the state and who have experience in corporate
  612  finance, tourism, convention and resort management, gaming,
  613  investigation or law enforcement, business law, or related legal
  614  experience. The members of the commission shall serve as the
  615  agency head of the commission. The commission is exempt from the
  616  provisions of s. 20.052.
  617         (2) MEMBERS.—Each member shall be appointed to a 4-year
  618  term. However, for the purpose of providing staggered terms, of
  619  the initial appointments, three members shall be appointed to 2
  620  year terms and four members shall be appointed to 4-year terms.
  621  Terms expire on June 30. Upon the expiration of the term of a
  622  commissioner, a successor shall be appointed in the same manner
  623  as the original appointment to serve for a 4-year term. A
  624  commissioner whose term has expired shall continue to serve on
  625  the commission until such time as a replacement is appointed. If
  626  a vacancy on the commission occurs before the expiration of the
  627  term, it shall be filled for the unexpired portion of the term
  628  in the same manner as the original appointment.
  629         (a)1.a. One member of the commission must be a certified
  630  public accountant licensed in this state who possesses at least
  631  5 years of experience in general accounting. The member must
  632  also possess a comprehensive knowledge of the principles and
  633  practices of corporate finance or auditing, general finance,
  634  gaming, or economics.
  635         b. One member of the commission must have experience in the
  636  fields of investigation or law enforcement.
  637         2. When making appointments to the commission, the Governor
  638  shall announce the classification by experience of the person
  639  appointed.
  640         (b) A person may not be appointed to or serve as a member
  641  of the commission if the person:
  642         1. Is an elected state official;
  643         2. Is licensed by the commission or is an officer of, has a
  644  financial interest in, or has a direct or indirect contractual
  645  relationship with any applicant for a resort license or resort
  646  licensee;
  647         3. Is related to any person within the second degree of
  648  consanguinity of affinity who is an applicant for a license or
  649  awarded a license by the commission or regulated by the
  650  department; or
  651         4. Has, within the 10 years preceding his or her
  652  appointment, been under indictment for, convicted of, pled
  653  guilty or nolo contendere to, or forfeited bail for a felony or
  654  a misdemeanor involving gambling or fraud under the laws of this
  655  or any other state or the United States.
  656         (c) Members of the commission shall serve full time and
  657  receive an annual salary of $125,000. The chair shall receive an
  658  annual salary of $135,000.
  659         (3) CHAIR AND VICE CHAIR.—
  660         (a) The chair shall be appointed by the Governor. The vice
  661  chair of the commission shall be elected by the members of the
  662  commission during the first meeting of the commission on or
  663  after July 1 of each year. The chair shall be the administrative
  664  head of the commission. The chair shall set the agenda for each
  665  meeting. The chair shall approve all notices, vouchers,
  666  subpoenas, and reports as required by law. The chair shall
  667  preserve order and decorum and shall have general control of the
  668  commission meetings. The chair shall decide all questions of
  669  order. The chair may name any member of the commission to
  670  perform the duties of the chair for a meeting if such
  671  substitution does not extend beyond that meeting.
  672         (b) If for any reason the chair is absent and fails to name
  673  a member, the vice chair shall assume the duties of the chair
  674  during the chair’s absence. On the death, incapacitation, or
  675  resignation of the chair, the vice chair shall perform the
  676  duties of the office until the Governor appoints a successor.
  677         (c) The administrative responsibilities of the chair are to
  678  plan, organize, and control administrative support services for
  679  the commission. Administrative functions include, but are not
  680  limited to, finance and accounting, revenue accounting,
  681  personnel, and office services.
  682         (4) QUORUM.—Four members of the commission constitute a
  683  quorum.
  684         (5) HEADQUARTERS.—The headquarters of the commission shall
  685  be located in the district as defined in s. 551.302.
  686         (6) MEETINGS.—The commission shall meet at least monthly.
  687  Meetings may be called by the chair or by four members of the
  688  commission upon 72 hours’ public notice. The initial meeting of
  689  the commission shall be held within 30 days after the effective
  690  date of this section.
  691         (7) AGENCY HEAD.—The commission shall serve as the agency
  692  head of the department for purposes of chapter 120. The
  693  executive director of the commission may serve as the agency
  694  head for purposes of final agency action under chapter 120 for
  695  all areas within the regulatory authority delegated to the
  696  executive director’s office.
  697         Section 7. Effective upon this act becoming a law, section
  698  551.004, Florida Statutes, is created to read:
  699         551.004 State Gaming Commission Nominating Committee.—
  700         (1)(a) There is created a State Gaming Commission
  701  Nominating Committee consisting of six members. Three members of
  702  the committee shall be members of the House of Representatives,
  703  one of whom shall be a member of the minority party, who shall
  704  be appointed by and serve at the pleasure of the Speaker of the
  705  House of Representatives. Three members of the committee shall
  706  be members of the Senate, one of whom shall be a member of the
  707  minority party, who shall be appointed by and serve at the
  708  pleasure of the President of the Senate. Initial appointments
  709  under this section shall be made within 10 days after the
  710  effective date of this section.
  711         (b) The members shall serve 2-year terms concurrent with
  712  the 2-year elected terms of House of Representatives members,
  713  except that the initial members shall serve until the end of
  714  their elected terms. Members may be appointed to two 2-year
  715  terms. Vacancies on the committee shall be filled for the
  716  unexpired portion of the term in the same manner as original
  717  appointments to the committee.
  718         (c) The President of the Senate shall appoint the chair of
  719  the committee in even-numbered years and the vice chair in odd
  720  numbered years, and the Speaker of the House of Representatives
  721  shall appoint the chair of the committee in odd-numbered years
  722  and the vice chair in even-numbered years, from among the
  723  council membership.
  724         (2) A member of the committee shall serve at the pleasure
  725  of the presiding officer who appointed the member and may not
  726  create the appearance of impropriety.
  727         (3) A majority of the membership of the committee may
  728  conduct any business before the committee. All meetings and
  729  proceedings of the committee shall be staffed by the Office of
  730  Legislative Services and shall be subject to ss. 119.07 and
  731  286.011. Members of the committee are entitled to receive per
  732  diem and travel expenses as provided in s. 112.061. Applicants
  733  invited for interviews before the committee may, at the
  734  discretion of the committee, receive per diem and travel
  735  expenses as provided in s. 112.061. The committee shall
  736  establish policies and procedures to govern the process by which
  737  applicants for appointment to the commission are nominated.
  738         (4)(a) The committee may spend a nominal amount, not to
  739  exceed $10,000, to advertise a vacancy on the commission.
  740         (b) For initial selection of an executive director for the
  741  Department of Gaming Control, the committee may advertise and
  742  receive applications for employment as the executive director.
  743  The committee shall provide the commission with all applications
  744  received.
  745         (5) A person may not be nominated to the Governor for
  746  appointment to the commission until the committee has determined
  747  that the person is competent and knowledgeable in one or more
  748  fields as specified in s. 551.003 and the requirements for
  749  appointees under s. 551.003 are met.
  750         (6) It is the responsibility of the committee to nominate
  751  to the Governor no fewer than three persons for each vacancy
  752  occurring on the commission. The committee shall submit
  753  recommendations for the initial appointments to the commission
  754  to the Governor within 60 days after the effective date of this
  755  section. Thereafter, the committee shall submit the
  756  recommendations to the Governor by March 15 of those years in
  757  which the terms are to begin the following July, or within 60
  758  days after a vacancy occurs for any reason other than the
  759  expiration of the term.
  760         (7) The Governor shall, pursuant to this section and s.
  761  551.003, make initial appointments to the commission within 60
  762  days after receiving the recommended nominees under this section
  763  and fill any vacancy occurring on the commission by appointment
  764  of one of the applicants nominated by the committee. An
  765  appointment may be made only after a background investigation of
  766  such applicant has been conducted by the Department of Law
  767  Enforcement.
  768         (8) Members of the commission shall be appointed by the
  769  Governor and, notwithstanding s. 114.05(1)(e) and (f), shall be
  770  subject to confirmation by the Senate under the following
  771  conditions. The Senate may consider the appointment during the
  772  regular session immediately following the effective date of the
  773  appointment or during any subsequent regular or special session
  774  during the term of the member. The Senate may confirm or refuse
  775  to confirm the appointment during any regular or special
  776  session.
  777         (9) When the Governor makes an appointment to fill a
  778  vacancy occurring due to expiration of the term, and that
  779  appointment has not been confirmed by the Senate before the
  780  appointing Governor’s term ends, a successor Governor may,
  781  within 30 days after taking office, recall the appointment and,
  782  prior to the first day of the next regular session, make a
  783  replacement appointment from the list provided to the previous
  784  Governor by the committee. Such an appointment is subject to
  785  confirmation by the Senate pursuant to subsection (8).
  786         Section 8. Section 551.006, Florida Statutes, is created to
  787  read:
  788         551.006 Executive director.—The commission shall, pursuant
  789  to s. 20.05, appoint or remove the executive director of the
  790  department by a majority vote. An interim executive director
  791  shall be appointed within 10 days after the initial meeting of
  792  the commission.
  793         (1) The executive director:
  794         (a) Shall devote full time to the duties of the office;
  795         (b) May not hold any other office or employment;
  796         (c) Shall perform all duties assigned by the commission;
  797  and
  798         (d) May hire assistants, consultants, and employees as
  799  necessary to conduct the business of the commission.
  800         (2)(a) The executive director may not employ a person who,
  801  during the 3 years immediately preceding employment, held a
  802  direct or indirect interest in, or was employed by:
  803         1. A resort licensee or supplier licensee;
  804         2. An applicant for a resort license or an applicant for a
  805  similar license in another jurisdiction;
  806         3. An entity licensed to operate a gaming facility in
  807  another state;
  808         4. A pari-mutuel gaming facility licensed to operate in
  809  this state; or
  810         5. A tribal gaming facility within this state.
  811         (b) Notwithstanding paragraph (a), a person may be employed
  812  by the commission if the commission finds that the person’s
  813  former interest in any licensee will not interfere with the
  814  objective discharge of the person’s employment obligations.
  815  However, a person may not be employed by the commission if:
  816         1. The person’s interest in an applicant, licensee, or
  817  tribal facility constituted a controlling interest; or
  818         2. The person or the person’s spouse, parent, child,
  819  child’s spouse, or sibling is a member of the commission, or a
  820  director of, or a person financially interested in, an applicant
  821  or a licensee.
  822         Section 9. Section 551.007, Florida Statutes, is created to
  823  read:
  824         551.007 Law enforcement.—
  825         (1) The department may employ sworn law enforcement
  826  officers meeting the qualifications and certification
  827  requirements under paragraph (a), and hire and train personnel
  828  to be employed as sworn law enforcement officers, to enforce any
  829  criminal law, conduct any criminal investigation, or enforce any
  830  statute within the jurisdiction of the department.
  831         (a) Each law enforcement officer must meet the
  832  qualifications for law enforcement officers under s. 943.13 and
  833  must be certified as a law enforcement officer by the Department
  834  of Law Enforcement. Upon certification, each law enforcement
  835  officer is subject to and has the authority provided to law
  836  enforcement officers generally under chapter 901 and has
  837  statewide jurisdiction.
  838         (b) Each law enforcement officer has arrest authority as
  839  provided for state law enforcement officers under s. 901.15, and
  840  full law enforcement powers granted to other officers of this
  841  state, including the authority to make arrests, carry firearms,
  842  serve court process, and seize contraband and proceeds from
  843  illegal activities.
  844         (c) Each law enforcement officer of the commission, upon
  845  certification under s. 943.1395, has the same right and
  846  authority to carry arms as do the sheriffs of this state.
  847         (2) The department may also, by interagency agreement,
  848  employ the Department of Law Enforcement to enforce any criminal
  849  law, conduct any criminal investigation, or enforce any statute
  850  within the jurisdiction of the commission or the department.
  851         Section 10. Section 551.008, Florida Statutes, is created
  852  to read:
  853         551.008 Code of ethics.—
  854         (1) The commission shall adopt a code of ethics by rule for
  855  its members, employees, and agents.
  856         (2) A member of the commission or the executive director
  857  may not hold a direct or indirect interest in, be employed by,
  858  or enter into a contract for services with an applicant or
  859  person licensed by the commission for a period of 3 years after
  860  the date of termination of the person’s membership on or
  861  employment with the commission.
  862         (3) An employee of the commission may not acquire a direct
  863  or indirect interest in, be employed by, or enter into a
  864  contract for services with an applicant or person licensed by
  865  the commission for a period of 3 years after the date of
  866  termination of the person’s employment with the commission.
  867         (4) A commission member or a person employed by the
  868  commission may not represent a person or party other than the
  869  state before or against the commission for a period of 3 years
  870  after the date of termination of the member’s term of office or
  871  the employee’s period of employment with the commission.
  872         (5) A business entity in which a former commission member,
  873  employee, or agent has an interest, or any partner, officer, or
  874  employee of that business entity, may not appear before or
  875  represent another person before the commission if the former
  876  commission member, employee, or agent would be prohibited from
  877  doing so. As used in this subsection, the term “business entity”
  878  means a corporation, limited liability company, partnership,
  879  limited liability partnership association, trust, or other form
  880  of legal entity.
  881         (6) A member, employee, or agent of the commission may not,
  882  during the duration of the person’s appointment or employment:
  883         (a) Use the person’s official authority or influence for
  884  the purpose of interfering with or affecting the result of an
  885  election;
  886         (b) Run for nomination or as a candidate for election to
  887  any partisan or nonpartisan political office; or
  888         (c) Knowingly solicit or discourage the participation in
  889  any political activity of any person who is:
  890         1. Applying for any compensation, grant, contract, ruling,
  891  license, permit, or certificate pending before the commission;
  892  or
  893         2. The subject of or a participant in an ongoing audit,
  894  investigation, or enforcement action being carried out by the
  895  commission.
  896         (7) A former member, employee, or agent of the commission
  897  may appear before the commission as a witness testifying as to
  898  factual matters or actions handled by the former member,
  899  employee, or agent during his or her tenure with the commission.
  900  However, the former member, employee, or agent of the commission
  901  may not receive compensation for the appearance other than a
  902  standard witness fee and reimbursement for travel expenses as
  903  established by statute or rules governing administrative
  904  proceedings before the Division of Administrative Hearings.
  905         (8)(a) The executive director must approve outside
  906  employment for an employee or agent of the commission.
  907         (b) An employee or agent of the commission granted
  908  permission for outside employment may not conduct any business
  909  or perform any activities, including solicitation, related to
  910  outside employment on premises used by the commission or during
  911  the employee’s working hours for the commission.
  912         (c) As used in this subsection, the term “outside
  913  employment” includes, but is not limited to:
  914         1. Operating a proprietorship;
  915         2. Participating in a partnership or group business
  916  enterprise; or
  917         3. Performing as a director or corporate officer of any
  918  for-profit corporation or banking or credit institution.
  919         (9) A member, employee, or agent of the commission may not
  920  participate in or wager on any game conducted by any resort
  921  licensee or applicant or any affiliate of a licensee or
  922  applicant regulated by the commission in this state or in any
  923  other jurisdiction, except as required as part of the person’s
  924  surveillance, security, or other official duties.
  925         Section 11. Section 551.009, Florida Statutes, is created
  926  to read:
  927         551.009 Disclosures by commissioners, employees, and
  928  agents.—
  929         (1) COMMISSIONERS.—
  930         (a) Each member of the commission must file a financial
  931  disclosure statement pursuant to s. 112.3145.
  932         (b) Each member must disclose information required by rules
  933  of the commission to ensure the integrity of the commission and
  934  its work.
  935         (c) By January 1 of each year, each member must file a
  936  statement with the commission:
  937         1. Affirming that neither the member, nor the member’s
  938  spouse, parent, child, or child’s spouse, is a member of the
  939  board of directors of, financially interested in, or employed by
  940  an applicant or resort licensee.
  941         2. Affirming that the member is in compliance with part III
  942  and the rules of the commission.
  943         3. Disclosing any legal or beneficial interest in real
  944  property that is or may be directly or indirectly involved with
  945  activities or persons regulated by the commission.
  946         (d) Each member must disclose involvement with any gaming
  947  interest in the 3 years preceding appointment as a member.
  948         (2) EMPLOYEES AND AGENTS.—
  949         (a) The executive director and each managerial employee and
  950  agent, as determined by the commission, must file a financial
  951  disclosure statement pursuant to s. 112.3145. All employees and
  952  agents must comply with the provisions of chapter 112.
  953         (b) The executive director and each managerial employee and
  954  agent identified by rule of the commission must disclose
  955  information required by rules of the commission to ensure the
  956  integrity of the commission and its work.
  957         (c) By January 31 of each year, each employee and agent of
  958  the commission must file a statement with the commission:
  959         1. Affirming that neither the employee, nor the employee’s
  960  spouse, parent, child, or child’s spouse, is financially
  961  interested in or employed by an applicant or licensee.
  962         2. Affirming that the person does not have any financial
  963  interest prohibited by laws or rules administered by the
  964  commission.
  965         3. Disclosing any legal or beneficial interest in real
  966  property that is or may be directly or indirectly involved with
  967  activities or persons regulated by the commission.
  968         (d) Each employee or agent of the commission must disclose
  969  involvement with any gaming interest during the 3 years before
  970  employment.
  971         (3) CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.—
  972         (a) A member, employee, or agent of the commission who
  973  becomes aware that the member, employee, or agent of the
  974  commission or his or her spouse, parent, or child is a member of
  975  the board of directors of, financially interested in, or
  976  employed by an applicant or licensee must immediately provide
  977  detailed written notice to the chair.
  978         (b) A member, employee, or agent of the commission must
  979  immediately provide detailed written notice of the circumstances
  980  to the chair if the member, employee, or agent is indicted,
  981  charged with, convicted of, pleads guilty or nolo contendere to,
  982  or forfeits bail for:
  983         1. A misdemeanor involving gambling, dishonesty, theft, or
  984  fraud;
  985         2. A violation of any law in any state, or a law of the
  986  United States or any other jurisdiction, involving gambling,
  987  dishonesty, theft, or fraud which substantially corresponds to a
  988  misdemeanor in this state; or
  989         3. A felony under the laws of this or any other state, the
  990  United States, or any other jurisdiction.
  991         (c) A member, employee, or agent of the commission who is
  992  negotiating for an interest in a licensee or an applicant, or is
  993  affiliated with such a person, must immediately provide written
  994  notice of the details of the interest to the chair. The member,
  995  employee, or agent of the commission may not act on behalf of
  996  the commission with respect to that person.
  997         (d) A member, employee, or agent of the commission may not
  998  enter into negotiations for employment with any person or
  999  affiliate of any person who is an applicant, licensee, or
 1000  affiliate. If a member, employee, or agent of the commission
 1001  enters into negotiations for employment in violation of this
 1002  paragraph or receives an invitation, written or oral, to
 1003  initiate a discussion concerning employment with any person who
 1004  is a licensee, applicant, or affiliate, he or she must
 1005  immediately provide written notice of the details of any such
 1006  negotiations or discussions to the chair. The member, employee,
 1007  or agent of the commission may not take any action on behalf of
 1008  the commission with respect to that licensee or applicant.
 1009         (e) A licensee or applicant may not knowingly initiate a
 1010  negotiation for, or discussion of, employment with a member,
 1011  employee, or agent of the commission. A licensee or applicant
 1012  who initiates a negotiation or discussion about employment shall
 1013  immediately provide written notice of the details of the
 1014  negotiation or discussion to the chair as soon as that person
 1015  becomes aware that the negotiation or discussion has been
 1016  initiated with a member, employee, or agent of the commission.
 1017         (f) A member, employee, or agent of the commission, or a
 1018  parent, spouse, sibling, or child of a member, employee, or
 1019  agent of the commission, may not accept any gift, gratuity,
 1020  compensation, travel, lodging, or anything of value, directly or
 1021  indirectly, from a licensee, applicant, or affiliate or
 1022  representative of a person regulated by the commission. A
 1023  member, employee, or agent of the commission who is offered or
 1024  receives any gift, gratuity, compensation, travel, lodging, or
 1025  anything of value, directly or indirectly, from any licensee,
 1026  applicant, or affiliate or representative of a person regulated
 1027  by the commission must immediately provide written notice of the
 1028  details to the chair.
 1029         (g) A licensee, applicant, or affiliate or representative
 1030  of an applicant or licensee may not, directly or indirectly,
 1031  knowingly give or offer to give any gift, gratuity,
 1032  compensation, travel, lodging, or anything of value to any
 1033  member or employee, or to a parent, spouse, sibling, or child of
 1034  a member, employee, or agent, which the member or employee is
 1035  prohibited from accepting under paragraph (f).
 1036         (h) A member, employee, or agent of the commission may not
 1037  engage in any conduct that constitutes a conflict of interest
 1038  and must immediately advise the chair in writing of the details
 1039  of any incident or circumstance that would suggest the existence
 1040  of a conflict of interest with respect to the performance of
 1041  commission-related work or duty of the member, employee, or
 1042  agent of the commission.
 1043         (i) A member, employee, or agent of the commission who is
 1044  approached and offered a bribe must immediately provide a
 1045  written account of the details of the incident to the chair and
 1046  to a law enforcement agency having jurisdiction over the matter.
 1047         Section 12. Section 551.011, Florida Statutes, is created
 1048  to read:
 1049         551.011 Ex parte communications.—
 1050         (1) A licensee, applicant, or affiliate or representative
 1051  of an applicant or licensee may not engage directly or
 1052  indirectly in ex parte communications concerning a pending
 1053  application, license, or enforcement action with a member of the
 1054  commission or concerning a matter that likely will be pending
 1055  before the commission. A member of the commission may not engage
 1056  directly or indirectly in any ex parte communications concerning
 1057  a pending application, license, or enforcement action with
 1058  members of the commission, or with a licensee, applicant, or
 1059  affiliate or representative of an applicant or licensee, or
 1060  concerning a matter that likely will be pending before the
 1061  commission.
 1062         (2) Any commission member, licensee, applicant, or
 1063  affiliate or representative of a commission member, licensee, or
 1064  applicant who receives any ex parte communication in violation
 1065  of subsection (1), or who is aware of an attempted communication
 1066  in violation of subsection (1), must immediately report details
 1067  of the communication or attempted communication in writing to
 1068  the chair.
 1069         (3) If a commissioner knowingly receives an ex parte
 1070  communication relative to a proceeding to which he or she is
 1071  assigned, he or she must place on the record copies of all
 1072  written communications received, copies of all written responses
 1073  to the communications, and a memorandum stating the substance of
 1074  all oral communications received and all oral responses made,
 1075  and shall give written notice to all parties to the
 1076  communication that such matters have been placed on the record.
 1077  Any party who desires to respond to an ex parte communication
 1078  may do so. The response must be received by the commission
 1079  within 10 days after receiving notice that the ex parte
 1080  communication has been placed on the record. The commissioner
 1081  may, if he or she deems it necessary to eliminate the effect of
 1082  an ex parte communication received by him or her, withdraw from
 1083  the proceeding potentially impacted by the ex parte
 1084  communication. After a commissioner withdraws from the
 1085  proceeding, the chair shall substitute another commissioner for
 1086  the proceeding if the proceeding was not assigned to the full
 1087  commission.
 1088         (4) Any individual who makes an ex parte communication must
 1089  submit to the commission a written statement describing the
 1090  nature of the communication, including the name of the person
 1091  making the communication, the name of the commissioner or
 1092  commissioners receiving the communication, copies of all written
 1093  communications made, all written responses to such
 1094  communications, and a memorandum stating the substance of all
 1095  oral communications received and all oral responses made. The
 1096  commission shall place on the record of a proceeding all such
 1097  communications.
 1098         (5) A member of the commission who knowingly fails to place
 1099  on the record any ex parte communications, in violation of this
 1100  section, within 15 days after the date of the communication is
 1101  subject to removal and may be assessed a civil penalty not to
 1102  exceed $25,000.
 1103         (6) The Commission on Ethics shall receive and investigate
 1104  sworn complaints of violations of this section pursuant to ss.
 1105  112.322-112.3241.
 1106         (7) If the Commission on Ethics finds that a member of the
 1107  commission has violated this section, it shall provide the
 1108  Governor with a report of its findings and recommendations. The
 1109  Governor may enforce the findings and recommendations of the
 1110  Commission on Ethics pursuant to part III of chapter 112.
 1111         (8) If a commissioner fails or refuses to pay the
 1112  Commission on Ethics any civil penalties assessed pursuant to
 1113  this section, the Commission on Ethics may bring an action in
 1114  any circuit court to enforce such penalty.
 1115         (9) If, during the course of an investigation by the
 1116  Commission on Ethics into an alleged violation of this section,
 1117  allegations are made as to the identity of the person who
 1118  participated in the ex parte communication, that person must be
 1119  given notice and an opportunity to participate in the
 1120  investigation and relevant proceedings to present a defense. If
 1121  the Commission on Ethics determines that the person participated
 1122  in the ex parte communication, the person may not appear before
 1123  the commission or otherwise represent anyone before the
 1124  commission for 2 years.
 1125         Section 13. Section 551.012, Florida Statutes, is created
 1126  to read:
 1127         551.012 Penalties for misconduct by a commissioner,
 1128  employee, or agent.—
 1129         (1) A violation of this chapter by a member of the
 1130  commission may result in disqualification or constitute cause
 1131  for removal by the Governor or other disciplinary action as
 1132  determined by the commission.
 1133         (2) A violation of this chapter by an employee or agent of
 1134  the commission does not require termination of employment or
 1135  other disciplinary action if:
 1136         (a) The commission determines that the conduct involved
 1137  does not violate the purposes this chapter; or
 1138         (b) There was no intentional action on the part of the
 1139  employee or agent, contingent on divestment of any financial
 1140  interest within 30 days after the interest was acquired.
 1141         (3) Notwithstanding subsection (2), an employee or agent of
 1142  the commission who violates this chapter shall be terminated if
 1143  a financial interest in a licensee, applicant, or affiliate or
 1144  representative of a licensee or applicant is acquired by:
 1145         (a) An employee of the commission; or
 1146         (b) The employee’s or agent’s spouse, parent, or child.
 1147         (4) A violation of this chapter does not create a civil
 1148  cause of action.
 1149         Section 14. Section 551.301, Florida Statutes, is created
 1150  to read:
 1151         551.301 This part may be cited as the “Destination Resort
 1152  Act” or the “Resort Act.”
 1153         Section 15. Section 551.302, Florida Statutes, is created
 1154  to read:
 1155         551.302 Definitions.—As used in this part, the term:
 1156         (1) “Ancillary areas” includes the following areas within a
 1157  limited gaming facility, unless the context otherwise requires:
 1158         (a) Major aisles, the maximum area of which may not exceed
 1159  the limit within any part of the limited gaming facility as
 1160  specified by the commission.
 1161         (b) Back-of-house facilities.
 1162         (c) Any reception or information counter.
 1163         (d) Any area designated for the serving or consumption of
 1164  food and beverages.
 1165         (e) Any retail outlet.
 1166         (f) Any area designated for performances.
 1167         (g) Any area designated for aesthetic or decorative
 1168  displays.
 1169         (h) Staircases, staircase landings, escalators, lifts, and
 1170  lift lobbies.
 1171         (i) Bathrooms.
 1172         (j) Any other area that is not intended to be used for the
 1173  conduct or playing of games or as a gaming pit as defined by
 1174  rules of the commission or specified in the application for the
 1175  destination resort license.
 1176         (2) “Applicant,” as the context requires, means a person
 1177  who applies for a resort license, supplier license, or
 1178  occupational license. A county, municipality, or other unit of
 1179  government is prohibited from applying for a resort license.
 1180         (3) “Credit” means the method by which a licensee issues
 1181  chips or tokens to a wagerer of the licensee to play games or
 1182  slot machines, in return for which the wagerer executes a credit
 1183  instrument to evidence the debt owed. The issuance of credit to
 1184  a wagerer may not be deemed a loan from the licensee to the
 1185  wagerer.
 1186         (4) “Destination resort” or “resort” means a freestanding,
 1187  land-based structure in which limited gaming may be conducted. A
 1188  destination resort is a mixed-use development consisting of a
 1189  combination of various tourism amenities and facilities,
 1190  including, but not limited to, hotels, villas, restaurants,
 1191  limited gaming facilities, convention facilities, attractions,
 1192  entertainment facilities, service centers, and shopping centers.
 1193         (5) “Destination resort license” or “resort license” means
 1194  a license to operate and maintain a destination resort having a
 1195  limited gaming facility.
 1196         (6) “District” means a county in which a majority of the
 1197  electors voting in a countywide referendum have approved the
 1198  conduct of slot machine gaming as defined in s. 551.102 or a
 1199  majority of the electors voting in a countywide referendum have
 1200  passed a referendum allowing for limited gaming.
 1201         (7) “Gaming pit” means an area commonly known as a gaming
 1202  pit or any similar area from which limited gaming employees
 1203  administer and supervise the games.
 1204         (8) “Gross receipts” means the total of cash or cash
 1205  equivalents received or retained as winnings by a resort
 1206  licensee and the compensation received for conducting any game
 1207  in which the resort licensee is not party to a wager, less cash
 1208  taken in fraudulent acts perpetrated against the resort licensee
 1209  for which the resort licensee is not reimbursed. The term does
 1210  not include:
 1211         (a) Counterfeit money or tokens;
 1212         (b) Coins of other countries which are received in gaming
 1213  devices and which cannot be converted into United States
 1214  currency;
 1215         (c) Promotional credits or free play as provided by the
 1216  resort licensee as a means of marketing the limited gaming
 1217  facility; or
 1218         (d) The amount of any credit extended until collected.
 1219         (9) “Individual” means a natural person.
 1220         (10) “Institutional investor” means, but is not limited to:
 1221         (a) A retirement fund administered by a public agency for
 1222  the exclusive benefit of federal, state, or county public
 1223  employees.
 1224         (b) An employee benefit plan or pension fund that is
 1225  subject to the Employee Retirement Income Security Act of 1974.
 1226         (c) An investment company registered under the Investment
 1227  Company Act of 1940.
 1228         (d) A collective investment trust organized by a bank under
 1229  12 C.F.R. part 9, s. 9.18.
 1230         (e) A closed-end investment trust.
 1231         (f) A life insurance company or property and casualty
 1232  insurance company.
 1233         (g) A financial institution.
 1234         (h) An investment advisor registered under the Investment
 1235  Advisers Act of 1940.
 1236         (i) Such other persons as the commission may determine for
 1237  reasons consistent with the policies of this part.
 1238         (11) “Junket enterprise” means any person who, for
 1239  compensation, employs or otherwise engages in the procurement or
 1240  referral of persons for a junket to a destination resort
 1241  licensed under this part regardless of whether those activities
 1242  occur within this state. The term does not include a resort
 1243  licensee or applicant for a resort license or a person holding
 1244  an occupational license.
 1245         (12) “License,” as the context requires, means a resort
 1246  license, supplier license, or occupational license.
 1247         (13) “Licensee,” as the context requires, means a person
 1248  who is licensed as a resort licensee, supplier licensee, or
 1249  occupational licensee.
 1250         (14) “Limited gaming,” “game,” or “gaming,” as the context
 1251  requires, means the games authorized under this part in a
 1252  limited gaming facility, including, but not limited to, those
 1253  commonly known as baccarat, twenty-one, poker, craps, slot
 1254  machines, video gaming of chance, roulette wheels, Klondike
 1255  tables, punch-board, faro layout, numbers ticket, push car, jar
 1256  ticket, pull tab, or their common variants, or any other game of
 1257  chance or wagering device that is authorized by the commission.
 1258         (15) “Limited gaming employee” or “gaming employee” means
 1259  any employee of a resort licensee, including, but not limited
 1260  to:
 1261         (a) Cashiers.
 1262         (b) Change personnel.
 1263         (c) Count room personnel.
 1264         (d) Slot machine attendants.
 1265         (e) Hosts or other individuals authorized to extend
 1266  complimentary services, including employees performing functions
 1267  similar to those performed by a representative for a junket
 1268  enterprise.
 1269         (f) Machine mechanics and computer technicians performing
 1270  duties on machines with gaming-related functions or table game
 1271  device technicians.
 1272         (g) Security personnel.
 1273         (h) Surveillance personnel.
 1274         (i) Promotional play supervisors, credit supervisors, pit
 1275  supervisors, cashier supervisors, gaming shift supervisors,
 1276  table game managers, assistant managers, and other supervisors
 1277  and managers.
 1278         (j) Boxmen.
 1279         (k) Dealers or croupiers.
 1280         (l) Floormen.
 1281         (m) Personnel authorized to issue promotional credits.
 1282         (n) Personnel authorized to issue credit.
 1283  
 1284  The term does not include bartenders, cocktail servers, or other
 1285  persons engaged in preparing or serving food or beverages,
 1286  clerical or secretarial personnel, parking attendants,
 1287  janitorial staff, stage hands, sound and light technicians, and
 1288  other nongaming personnel as determined by the commission. The
 1289  term includes a person employed by a person or entity other than
 1290  a resort licensee who performs the functions of a limited gaming
 1291  employee.
 1292         (16) “Limited gaming facility” means the limited gaming
 1293  floor and any ancillary areas.
 1294         (17) “Limited gaming floor” means the approved gaming area
 1295  of a resort. Ancillary areas in or directly adjacent to the
 1296  gaming area are not part of the limited gaming floor for
 1297  purposes of calculating the size of the limited gaming floor.
 1298         (18) “Managerial employee” has the same meaning as in s.
 1299  447.203(4).
 1300         (19) “Occupational licensee” means a person who is licensed
 1301  to be a limited gaming employee.
 1302         (20) “Qualifier” means an affiliate, affiliated company,
 1303  officer, director, or managerial employee of an applicant for a
 1304  resort license, or a person who holds a direct or indirect
 1305  equity interest in the applicant. The term may include an
 1306  institutional investor. As used in this subsection, the terms
 1307  “affiliate,” “affiliated company,” and “a person who holds a
 1308  direct or indirect equity interest in the applicant” do not
 1309  include a partnership, a joint venture relationship, a
 1310  shareholder of a corporation, a member of a limited liability
 1311  company, or a partner in a limited liability partnership that
 1312  has a direct or indirect equity interest in the applicant for a
 1313  resort license of 5 percent or less and is not involved in the
 1314  gaming operations as defined by the rules of the commission.
 1315         (21) “Supplier licensee” or “supplier” means a person who
 1316  is licensed to furnish gaming equipment, devices, or supplies or
 1317  other goods or services to a resort licensee.
 1318         (22) “Wagerer” means a person who plays a game authorized
 1319  under this part.
 1320         Section 16. Section 551.304, Florida Statutes, is created
 1321  to read:
 1322         551.304 State Gaming Commission; powers and duties.—
 1323         (1) The commission shall:
 1324         (a) Authorize limited gaming at three destination resorts.
 1325         (b) Conduct such investigations as necessary to fulfill its
 1326  responsibilities.
 1327         (c) Use an invitation to negotiate process for applicants
 1328  based on minimum requirements established by this part and rules
 1329  of the commission.
 1330         (d) Investigate applicants for a resort license and
 1331  determine the eligibility of applicants for a resort license and
 1332  select from competing applicants the applicant that best serves
 1333  the interests of the residents of Florida, based on the
 1334  potential for economic development presented by the applicant’s
 1335  proposed investment in infrastructure, such as hotels and other
 1336  nongaming entertainment facilities, and the applicant’s ability
 1337  to maximize revenue for the state.
 1338         (e) Grant a license to the applicant best suited to operate
 1339  a destination resort that has limited gaming.
 1340         (f) Establish and collect fees for performing background
 1341  checks on all applicants for licenses and all persons with whom
 1342  the commission may contract for the providing of goods or
 1343  services and for performing, or having performed, tests on
 1344  equipment and devices to be used in a limited gaming facility.
 1345         (g) Issue subpoenas for the attendance of witnesses and
 1346  subpoenas duces tecum for the production of books, records, and
 1347  other pertinent documents as provided by law, and to administer
 1348  oaths and affirmations to the witnesses, if, in the judgment of
 1349  the commission, it is necessary to enforce this part or
 1350  commission rules. If a person fails to comply with a subpoena,
 1351  the commission may petition the circuit court of the county in
 1352  which the person subpoenaed resides or has his or her principal
 1353  place of business for an order requiring the subpoenaed person
 1354  to appear and testify and to produce books, records, and
 1355  documents as specified in the subpoena. The court may grant
 1356  legal, equitable, or injunctive relief, which may include, but
 1357  is not limited to, issuance of a writ of ne exeat or restraint
 1358  by injunction or appointment of a receiver of any transfer,
 1359  pledge, assignment, or other disposition of such person’s assets
 1360  or any concealment, alteration, destruction, or other
 1361  disposition of subpoenaed books, records, or documents, as the
 1362  court deems appropriate, until the person subpoenaed has fully
 1363  complied with the subpoena and the commission has completed the
 1364  audit, examination, or investigation. The commission is entitled
 1365  to the summary procedure provided in s. 51.011, and the court
 1366  shall advance the cause on its calendar. Costs incurred by the
 1367  commission to obtain an order granting, in whole or in part,
 1368  such petition for enforcement of a subpoena shall be charged
 1369  against the subpoenaed person, and failure to comply with such
 1370  order is a contempt of court.
 1371         (h) The commission shall require each applicant for a
 1372  destination resort license to produce the information,
 1373  documentation, and assurances as may be necessary to establish
 1374  by clear and convincing evidence the integrity of all financial
 1375  backers, investors, mortgagees, bondholders, and holders of
 1376  indentures, notes or other evidences of indebtedness, either in
 1377  effect or proposed. Any such banking or lending institution and
 1378  institutional investors may be waived from qualification
 1379  requirements. However, banking or lending institutions or
 1380  institutional investors shall produce for the board upon request
 1381  any document or information that bears any relation to the
 1382  proposal submitted by the applicant or applicants. The integrity
 1383  of the financial sources shall be judged upon the same standards
 1384  as the applicant or applicants. Any such person or entity shall
 1385  produce for the commission upon request any document or
 1386  information that bears any relation to the application. In
 1387  addition, the applicant shall produce whatever information,
 1388  documentation, or assurances the commission requires to
 1389  establish by clear and convincing evidence the adequacy of
 1390  financial resources.
 1391         (i) Require or permit a person to file a statement in
 1392  writing, under oath or otherwise as the commission or its
 1393  designee requires, as to all the facts and circumstances
 1394  concerning the matter to be audited, examined, or investigated.
 1395         (j) Keep accurate and complete records of its proceedings
 1396  and to certify the records as may be appropriate.
 1397         (k) Take any other action as may be reasonable or
 1398  appropriate to enforce this part and rules adopted by the
 1399  commission.
 1400         (l) Apply for injunctive or declaratory relief in a court
 1401  of competent jurisdiction to enforce this part and any rules
 1402  adopted by the commission.
 1403         (m) Establish field offices, as deemed necessary by the
 1404  commission.
 1405         (2) The Department of Law Enforcement and local law
 1406  enforcement agencies may investigate any criminal violation of
 1407  law occurring at a destination resort. Such investigations may
 1408  be conducted in conjunction with the appropriate state attorney.
 1409         (3)(a) The commission, the Department of Law Enforcement,
 1410  and local law enforcement agencies shall have unrestricted
 1411  access to the limited gaming facility at all times and shall
 1412  require of each resort licensee strict compliance with the laws
 1413  of this state relating to the transaction of such business. The
 1414  commission and the Department of Law Enforcement may:
 1415         1. Inspect and examine premises where authorized limited
 1416  gaming devices are offered for play.
 1417         2. Inspect slot machines, other authorized gaming devices,
 1418  and related equipment and supplies.
 1419         (b) In addition, the commission may:
 1420         1. Collect taxes, assessments, fees, and penalties.
 1421         2. Deny, revoke, or suspend a license of, or place
 1422  conditions on, a licensee who violates any provision of this
 1423  part, a rule adopted by the commission, or an order of the
 1424  commission.
 1425         (4) The commission must revoke or suspend the license of
 1426  any person who is no longer qualified or who is found, after
 1427  receiving a license, to have been unqualified at the time of
 1428  application for the license.
 1429         (5) This section does not:
 1430         (a) Prohibit the Department of Law Enforcement or any law
 1431  enforcement authority whose jurisdiction includes a resort
 1432  licensee or a supplier licensee from conducting investigations
 1433  of criminal activities occurring at the facilities of a resort
 1434  licensee or supplier licensee;
 1435         (b) Restrict access to the limited gaming facility by the
 1436  Department of Law Enforcement or any local law enforcement
 1437  authority whose jurisdiction includes a resort licensee’s
 1438  facility; or
 1439         (c) Restrict access by the Department of Law Enforcement or
 1440  a local law enforcement agency to information and records
 1441  necessary for the investigation of criminal activity which are
 1442  contained within the facilities of a resort licensee or supplier
 1443  licensee.
 1444         Section 17. Section 551.305, Florida Statutes, is created
 1445  to read:
 1446         551.305 Rulemaking.—
 1447         (1) The commission shall adopt all rules necessary to
 1448  implement, administer, and regulate limited gaming under this
 1449  part. The rules must include:
 1450         (a) The types of limited gaming activities to be conducted
 1451  and the rules for those games, including any restriction upon
 1452  the time, place, and structures where limited gaming is
 1453  authorized.
 1454         (b) Requirements, procedures, qualifications, and grounds
 1455  for the issuance, renewal, revocation, suspension, and summary
 1456  suspension of a resort license, supplier license, or
 1457  occupational license.
 1458         (c) Requirements for the disclosure of the complete
 1459  financial interests of licensees and applicants for licenses.
 1460         (d) Technical requirements and the qualifications that are
 1461  necessary to receive a license.
 1462         (e) Procedures to scientifically test and technically
 1463  evaluate slot machines and other authorized gaming devices for
 1464  compliance with this part and the rules adopted by the
 1465  commission. The commission may contract with an independent
 1466  testing laboratory to conduct any necessary testing. The
 1467  independent testing laboratory must have a national reputation
 1468  for being demonstrably competent and qualified to scientifically
 1469  test and evaluate slot machines and other authorized gaming
 1470  devices. An independent testing laboratory may not be owned or
 1471  controlled by a licensee. The use of an independent testing
 1472  laboratory for any purpose related to the conduct of slot
 1473  machine gaming and other authorized gaming by a resort licensee
 1474  shall be made from a list of laboratories approved by the
 1475  commission.
 1476         (f) Procedures relating to limited gaming revenues,
 1477  including verifying and accounting for such revenues, auditing,
 1478  and collecting taxes and fees.
 1479         (g) Requirements for limited gaming equipment, including
 1480  the types and specifications of all equipment and devices that
 1481  may be used in limited gaming facilities.
 1482         (h) Procedures for regulating, managing, and auditing the
 1483  operation, financial data, and program information relating to
 1484  limited gaming which allow the commission and the Department of
 1485  Law Enforcement to audit the operation, financial data, and
 1486  program information of a resort licensee, as required by the
 1487  commission or the Department of Law Enforcement, and provide the
 1488  commission and the Department of Law Enforcement with the
 1489  ability to monitor, at any time on a real-time basis, wagering
 1490  patterns, payouts, tax collection, and compliance with any rules
 1491  adopted by the commission for the regulation and control of
 1492  limited gaming. Such continuous and complete access, at any time
 1493  on a real-time basis, shall include the ability of either the
 1494  commission or the Department of Law Enforcement to suspend play
 1495  immediately on particular slot machines or other gaming devices
 1496  if monitoring of the facilities-based computer system indicates
 1497  possible tampering or manipulation of those slot machines or
 1498  gaming devices or the ability to suspend play immediately of the
 1499  entire operation if the tampering or manipulation is of the
 1500  computer system itself. The commission shall notify the
 1501  Department of Law Enforcement and the Department of Law
 1502  Enforcement shall notify the commission, as appropriate,
 1503  whenever there is a suspension of play pursuant this paragraph.
 1504  The commission and the Department of Law Enforcement shall
 1505  exchange information that is necessary for, and cooperate in the
 1506  investigation of, the circumstances requiring suspension of play
 1507  pursuant to this paragraph.
 1508         (i) Procedures for requiring each resort licensee at his or
 1509  her own cost and expense to supply the commission with a bond as
 1510  required.
 1511         (j) The requirements for an applicant to demonstrate that
 1512  it has received conceptual approval for the destination resort
 1513  proposal from the municipality and county in which the resort
 1514  will be located.
 1515         (k) Procedures for requiring licensees to maintain and to
 1516  provide to the commission records, data, information, or
 1517  reports, including financial and income records.
 1518         (l) Procedures to calculate the payout percentages of slot
 1519  machines.
 1520         (m) Minimum standards for security of the facilities,
 1521  including floor plans, security cameras, and other security
 1522  equipment.
 1523         (n) The scope and conditions for investigations and
 1524  inspections into the conduct of limited gaming.
 1525         (o) The standards and procedures for the seizure without
 1526  notice or hearing of gaming equipment, supplies, or books and
 1527  records for the purpose of examination and inspection.
 1528         (p) Procedures for requiring resort licensees and supplier
 1529  licensees to implement and establish drug-testing programs for
 1530  all occupational employees.
 1531         (q) Procedures and guidelines for the continuous recording
 1532  of all gaming activities at a limited gaming facility. The
 1533  commission may require a resort licensee to timely provide all
 1534  or part of the original recordings pursuant to a schedule.
 1535         (r) The payment of costs incurred by the commission or any
 1536  other agencies for investigations or background checks or costs
 1537  associated with testing limited gaming related equipment, which
 1538  must be paid by an applicant for a license or a licensee.
 1539         (s) The levying of fines for violations of this part or any
 1540  rule adopted by the commission, which fines may not exceed
 1541  $250,000 per violation arising out of a single transaction.
 1542         (t) The amount of the application fee for an initial
 1543  issuance or renewal of an occupational license or a suppliers
 1544  license, not to exceed $5,000.
 1545         (u) Any other rules the commission finds necessary for
 1546  safe, honest, and highly regulated gaming in the state. For
 1547  purposes of this paragraph, the commission shall consider rules
 1548  from any other jurisdiction in which gaming is highly regulated,
 1549  such as New Jersey or Nevada.
 1550         (v) Any other rule necessary to accomplish the purposes of
 1551  this part.
 1552         (2) The commission may at any time adopt emergency rules
 1553  pursuant to s. 120.54. The Legislature finds that such emergency
 1554  rulemaking power is necessary for the preservation of the rights
 1555  and welfare of the people in order to provide additional funds
 1556  to benefit the public. The Legislature further finds that the
 1557  unique nature of limited gaming operations requires, from time
 1558  to time, that the commission respond as quickly as is
 1559  practicable. Therefore, in adopting such emergency rules, the
 1560  commission need not make the findings required by s.
 1561  120.54(4)(a). Emergency rules adopted under this section are
 1562  exempt from s. 120.54(4)(c). However, the emergency rules may
 1563  not remain in effect for more than 180 days except that the
 1564  commission may renew the emergency rules during the pendency of
 1565  procedures to adopt permanent rules addressing the subject of
 1566  the emergency rules.
 1567         Section 18. Section 551.306, Florida Statutes, is created
 1568  to read:
 1569         551.306 Legislative authority; administration of part.—The
 1570  regulation of the conduct of limited gaming activity at a resort
 1571  licensee is preempted to the state and a county, municipality,
 1572  or other political subdivision of the state may not enact any
 1573  ordinance relating to limited gaming. Only the department and
 1574  other authorized state agencies may administer this part and
 1575  regulate limited gaming, including limited gaming at resort
 1576  licensees and the assessment of fees or taxes relating to the
 1577  conduct of limited gaming.
 1578         Section 19. Section 551.307, Florida Statutes, is created
 1579  to read:
 1580         551.307 Authorization of limited gaming at destination
 1581  resorts.—Notwithstanding any other provision of law, the
 1582  commission may award a resort license authorizing limited gaming
 1583  in a county only if a majority of the electors voting in a
 1584  countywide referendum have approved the conduct of slot machine
 1585  gaming as defined in s. 551.102 or a majority of the electors
 1586  voting in a countywide referendum have passed a referendum
 1587  allowing for limited gaming. If limited gaming is authorized
 1588  through the award of a resort license, the resort licensee may
 1589  possess slot machines and other authorized gaming devices and
 1590  conduct limited gaming at the licensed location. Notwithstanding
 1591  any other provision of law, a person who is at least 21 years of
 1592  age may lawfully participate in authorized games at a facility
 1593  licensed to possess authorized limited gaming devices and
 1594  conduct limited gaming or to participate in limited gaming as
 1595  described in this part.
 1596         Section 20. Section 551.308, Florida Statutes, is created
 1597  to read:
 1598         551.308 Process for awarding destination resort licenses.—
 1599         (1) The commission shall by rule use an invitation to
 1600  negotiate process for determining the award of a resort license.
 1601  The application, review, and issuance procedures for awarding a
 1602  license shall be by a process in which applicants rely on forms
 1603  provided by the commission in response to an invitation to
 1604  negotiate issued by the commission. The commission shall issue
 1605  the invitation to negotiate no later than 90 days after the date
 1606  of the commission’s first meeting.
 1607         (2) Proposals in response to the invitation to negotiate
 1608  must be received by the commission no later than 90 days after
 1609  the issuance of the invitation to negotiate.
 1610         (3) The commission may specify in its invitation to
 1611  negotiate the county in which the facility would be located.
 1612  When determining whether to authorize a destination resort
 1613  located within a specific county or counties, the commission
 1614  shall hold a public hearing in such county or counties to
 1615  discuss the proposals and receive public comments on
 1616  determination of the award of licenses.
 1617         (4) The commission shall review all complete replies
 1618  received pursuant to an invitation to negotiate. The commission
 1619  may select one or more replies with which to commence
 1620  negotiations after determining which replies are in the best
 1621  interest of the state based on the selection criteria. The
 1622  commission shall award or deny a destination resort license
 1623  within 90 days after the deadline for the submission of a reply.
 1624         Section 21. Section 551.309, Florida Statutes, is created
 1625  to read:
 1626         551.309 Criteria for the award of a destination resort
 1627  license.—The commission may award no more than three destination
 1628  resort licenses.
 1629         (1) The commission may award a resort license to the
 1630  applicant of an invitation to negotiate which best serves the
 1631  interests of the residents of this state. The reply to an
 1632  invitation to negotiate for a resort license must include an
 1633  application that demonstrates the applicant’s ability to meet
 1634  the following minimum criteria:
 1635         (a) The applicant must demonstrate a capacity to increase
 1636  tourism, generate jobs, provide revenue to the local economy,
 1637  and provide revenue to the General Revenue Fund.
 1638         (b) The limited gaming floor in a destination resort may
 1639  constitute no more than 10 percent of the resort development’s
 1640  total square footage. The resort development’s total square
 1641  footage is the aggregate of the total square footage of the
 1642  limited gaming facility, the hotel or hotels, convention space,
 1643  retail facilities, nongaming entertainment facilities, service
 1644  centers, and office space or administrative areas.
 1645         (c) The applicant must demonstrate a history of, or a bona
 1646  fide plan for, community involvement or investment in the
 1647  community where the resort having a limited gaming facility will
 1648  be located.
 1649         (d) The applicant must demonstrate the financial ability to
 1650  purchase and maintain an adequate surety bond.
 1651         (e) The applicant must demonstrate that it has adequate
 1652  capitalization to develop, construct, maintain, and operate the
 1653  proposed resort having a limited gaming facility in accordance
 1654  with the requirements of this part and rules adopted by the
 1655  commission and to responsibly meet its secured and unsecured
 1656  debt obligations in accordance with its financial and other
 1657  contractual agreements.
 1658         (f) The applicant must demonstrate the ability to implement
 1659  a program to train and employ residents of this state for jobs
 1660  that will be available at the destination resort, including its
 1661  ability to implement a program for the training of low-income
 1662  persons.
 1663         (g) The commission may, at its discretion, assess the
 1664  quality of the proposed development’s aesthetic appearance in
 1665  the context of its potential to provide substantial economic
 1666  benefits to the community and the people of this state,
 1667  including, but not limited to, its potential to provide
 1668  substantial employment opportunities.
 1669         (h) The applicant must demonstrate that it will expend at
 1670  least $2 billion in new development and construction of the
 1671  proposed destination resort following the award of a license,
 1672  excluding any purchase price and costs associated with the
 1673  acquisition of real property on which to develop the destination
 1674  resort. Such expenditure must in aggregate be completed within 5
 1675  years after the award of any such license.
 1676         (i) The applicant must demonstrate the ability to generate
 1677  substantial gross receipts.
 1678         (2)(a) The commission shall evaluate applications based on
 1679  the following weighted criteria:
 1680         1. Design and location: 35 percent.
 1681         2. Management expertise: 10 percent.
 1682         3. Speed to market: 35 percent.
 1683         4. Financial plan and access to capital: 10 percent.
 1684         5. Community plan: 10 percent.
 1685         (b) The commission shall give preference to those
 1686  applicants that demonstrate that they meet the following
 1687  criteria:
 1688         1. The roads, water, sanitation, utilities, and related
 1689  services to the proposed location of the destination resort are
 1690  adequate and the proposed destination resort will not unduly
 1691  impact public services, existing transportation infrastructure,
 1692  consumption of natural resources, and the quality of life
 1693  enjoyed by residents of the surrounding neighborhoods.
 1694         2. The applicant will be able to commence construction as
 1695  soon after awarding of the resort license as possible, but, in
 1696  any event, no later than 12 months after the award of the resort
 1697  license.
 1698         3. The destination resort may be located in an empowerment
 1699  zone or enterprise zone, as those terms are defined by federal
 1700  and state law.
 1701         4. The destination resort will be located in an area in
 1702  which the unemployment rate in the zip codes immediately
 1703  surrounding the proposed location is among the highest in the
 1704  state.
 1705         5. The destination resort will include amenities and uses
 1706  that will allow other state businesses to be included within the
 1707  destination resort.
 1708         (3) A resort license may be issued only to persons of good
 1709  moral character who are at least 21 years of age. A resort
 1710  license may issued to a corporation only if its officers are of
 1711  good moral character and at least 21 years of age.
 1712         (4) A resort license may not be issued to an applicant if
 1713  the applicant, qualifier, or institutional investor:
 1714         (a) Has, within the last 5 years, been adjudicated by a
 1715  court or tribunal for failure to pay income, sales, or gross
 1716  receipts tax due and payable under any federal, state, or local
 1717  law, after exhaustion of all appeals or administrative remedies.
 1718         (b) Has been convicted of a felony under the laws of this
 1719  state, any other state, or the United States.
 1720         (c) Has been convicted of any violation under chapter 817
 1721  or under a substantially similar law of another jurisdiction.
 1722         (d) Knowingly submitted false information in the
 1723  application for the license.
 1724         (e) Is a member or employee of the commission.
 1725         (f) Was licensed to own or operate gaming or pari-mutuel
 1726  facilities in this state or another jurisdiction and that
 1727  license was revoked.
 1728         (g) Is an entity that has accepted any wager of money or
 1729  other consideration on any online gambling activity, including
 1730  poker, from any state resident since October 13, 2006. However,
 1731  this prohibition does not disqualify an applicant or
 1732  subcontractor who accepts online pari-mutuel wagers from a state
 1733  resident through a legal online pari-mutuel wagering entity
 1734  authorized in another state.
 1735         (h) Fails to meet any other criteria for licensure set
 1736  forth in this part.
 1737  
 1738  As used in this subsection, the term “conviction” includes an
 1739  adjudication of guilt on a plea of guilty or nolo contendere or
 1740  the forfeiture of a bond when charged with a crime.
 1741         Section 22. Section 551.310, Florida Statutes, is created
 1742  to read:
 1743         551.310 Application for destination resort license.—
 1744         (1) APPLICATION.—A reply submitted in response to an
 1745  invitation to negotiate must include a sworn application in the
 1746  format prescribed by the commission. The application must
 1747  include the following information:
 1748         (a)1. The name, business address, telephone number, social
 1749  security number, and, where applicable, federal tax
 1750  identification number of the applicant and each qualifier; and
 1751         2. Information, documentation, and assurances concerning
 1752  financial background and resources as may be required to
 1753  establish the financial stability, integrity, and responsibility
 1754  of the applicant. This includes business and personal income and
 1755  disbursement schedules, tax returns and other reports filed with
 1756  governmental agencies, and business and personal accounting and
 1757  check records and ledgers. In addition, each applicant must
 1758  provide written authorization for the examination of all bank
 1759  accounts and records as may be deemed necessary by the
 1760  commission.
 1761         (b) The identity and, if applicable, the state of
 1762  incorporation or registration of any business in which the
 1763  applicant or a qualifier has an equity interest of more than 5
 1764  percent. If the applicant or qualifier is a corporation,
 1765  partnership, or other business entity, the applicant or
 1766  qualifier must identify any other corporation, partnership, or
 1767  other business entity in which it has an equity interest of more
 1768  than 5 percent, including, if applicable, the state of
 1769  incorporation or registration.
 1770         (c) Documentation, as required by the commission, that the
 1771  applicant has received conceptual approval of the destination
 1772  resort proposal from the municipality and county in which the
 1773  resort will be located.
 1774         (d) A statement as to whether the applicant or a qualifier
 1775  has developed and operated a similar gaming facility within a
 1776  highly regulated domestic jurisdiction that allows similar forms
 1777  of development, including a description of the gaming facility,
 1778  the gaming facility’s gross revenue, and the amount of revenue
 1779  the gaming facility has generated for state and local
 1780  governments within that jurisdiction.
 1781         (e) A statement as to whether the applicant or a qualifier
 1782  has been indicted, convicted of, pled guilty or nolo contendere
 1783  to, or forfeited bail for any felony or for a misdemeanor
 1784  involving gambling, theft, or fraud. The statement must include
 1785  the date, the name and location of the court, the arresting
 1786  agency, the prosecuting agency, the case caption, the docket
 1787  number, the nature of the offense, the disposition of the case,
 1788  and, if applicable, the location and length of incarceration.
 1789         (f) A statement as to whether the applicant or a qualifier
 1790  has ever been granted any license or certificate in any
 1791  jurisdiction which has been restricted, suspended, revoked, not
 1792  renewed, or otherwise subjected to discipline. The statement
 1793  must describe the facts and circumstances concerning that
 1794  restriction, suspension, revocation, nonrenewal, or discipline,
 1795  including the licensing authority, the date each action was
 1796  taken, and an explanation of the circumstances for each
 1797  disciplinary action.
 1798         (g) A statement as to whether the applicant or qualifier
 1799  has, as a principal or a controlling shareholder, within the
 1800  last 10 years, filed for protection under the Federal Bankruptcy
 1801  Code or had an involuntary bankruptcy petition filed against it.
 1802         (h) A statement as to whether the applicant or qualifier
 1803  has, within the last 5 years, been adjudicated by a court or
 1804  tribunal for failure to pay any income, sales, or gross receipts
 1805  tax due and payable under federal, state, or local law, or under
 1806  the laws of any applicable foreign jurisdiction, after
 1807  exhaustion of all appeals or administrative remedies. This
 1808  statement must identify the amount and type of the tax and the
 1809  time periods involved and must describe the resolution of the
 1810  nonpayment.
 1811         (i) A list of the names and titles of any public officials
 1812  or officers of any unit of state government or of the local
 1813  government or governments in the county or municipality in which
 1814  the proposed resort is to be located, and the spouses, parents,
 1815  and children of those public officials or officers, who,
 1816  directly or indirectly, own any financial interest in, have any
 1817  beneficial interest in, are the creditors of, hold any debt
 1818  instrument issued by the applicant or a qualifier, or hold or
 1819  have an interest in any contractual or service relationship with
 1820  the applicant or qualifier. As used in this paragraph, the terms
 1821  “public official” and “officer” do not include a person who
 1822  would be listed solely because the person is a member of the
 1823  Florida National Guard.
 1824         (j) The name and business telephone number of, and a
 1825  disclosure of fees paid to any attorney, lobbyist, employee,
 1826  consultant, or other person who has represented the applicant’s
 1827  interests in the state for 3 years prior to the effective date
 1828  of this section or who is representing an applicant before the
 1829  commission during the application process.
 1830         (k) A description of the applicant’s history of and
 1831  proposed plan for community involvement or investment in the
 1832  community where the resort having a limited gaming facility
 1833  would be located.
 1834         (l) A description of the applicant’s proposed resort,
 1835  including a map documenting the location of the facility within
 1836  the specific county or counties; a statement regarding the
 1837  compliance of the applicant with state, regional, and local
 1838  planning and zoning requirements; a description of the economic
 1839  benefit to the community in which the facility would be located;
 1840  the anticipated number of jobs generated by construction of the
 1841  facility; the anticipated number of employees; a statement
 1842  regarding how the applicant would comply with federal and state
 1843  affirmative action guidelines; a projection of admissions or
 1844  attendance at the limited gaming facility; a projection of gross
 1845  receipts; and scientific market research pertaining to the
 1846  proposed facility, if any.
 1847         (m) Proof that a countywide referendum has been approved by
 1848  the electors of the county to authorize slot machine gaming as
 1849  defined in s. 551.102 in the county prior to the application
 1850  deadline or that proof of a countywide referendum has been
 1851  approved prior to the application deadline by the electors of
 1852  the county authorizing limited gaming as defined in this
 1853  chapter.
 1854         (n) A schedule or timeframe for completing the resort.
 1855         (o) A plan for training residents of this state for jobs at
 1856  the resort. The job-training plan must provide training to
 1857  enable low-income persons to qualify for jobs at the resort.
 1858         (p) The identity of each person, association, trust, or
 1859  corporation or partnership having a direct or indirect equity
 1860  interest in the applicant of greater than 5 percent. If
 1861  disclosure of a trust is required under this paragraph, the
 1862  names and addresses of the beneficiaries of the trust must also
 1863  be disclosed. If the identity of a corporation must be
 1864  disclosed, the names and addresses of all stockholders and
 1865  directors must also be disclosed. If the identity of a
 1866  partnership must be disclosed, the names and addresses of all
 1867  partners, both general and limited, must also be disclosed.
 1868         (q) A destination resort and limited gaming facility
 1869  development plan and projected investment of $2 billion pursuant
 1870  to s. 551.309.
 1871         (r) The fingerprints of all officers or directors of the
 1872  applicant and qualifiers, and any persons exercising operational
 1873  or managerial control of the applicant, as determined by rule of
 1874  the commission, for a criminal history record check.
 1875         (s) A statement outlining the organization’s diversity
 1876  plan.
 1877         (t) A listing of all gaming licenses and permits the
 1878  applicant or qualifier currently possesses.
 1879         (u) A listing of former or inactive officers, directors,
 1880  partners, and trustees.
 1881         (v) A listing of all affiliated business entities or
 1882  holding companies, including nongaming interests.
 1883         (w) Any other information the commission may deem
 1884  appropriate or require during the application process as
 1885  provided by rule.
 1886         (2) DISCRETION TO REQUIRE INFORMATION.—Notwithstanding any
 1887  other provision of law, the commission is the sole authority for
 1888  determining the information or documentation that must be
 1889  included in an application for a resort license or in an
 1890  application to renew a resort license. Such documentation and
 1891  information may relate to: demographics, education, work
 1892  history, personal background, criminal history, finances,
 1893  business information, complaints, inspections, investigations,
 1894  discipline, bonding, photographs, performance periods,
 1895  reciprocity, local government approvals, supporting
 1896  documentation, periodic reporting requirements, and fingerprint
 1897  requirements.
 1898         (3) DUTY TO SUPPLEMENT APPLICATION.—The application shall
 1899  be supplemented as needed to reflect any material change in any
 1900  circumstance or condition stated in the application which takes
 1901  place between the initial filing of the application and the
 1902  final grant or denial of the license. Any submission required to
 1903  be in writing may otherwise be required by the commission to be
 1904  made by electronic means.
 1905         (4) APPLICATION FEES.—
 1906         (a) The application for a resort license must be submitted
 1907  along with a nonrefundable application fee of $1 million to be
 1908  used by the commission to defray costs associated with the
 1909  review and investigation of the application and to conduct a
 1910  background investigation of the applicant and each qualifier. If
 1911  the cost of the review and investigation exceeds $1 million, the
 1912  applicant must pay the additional amount to the commission
 1913  within 30 days after the receipt of a request for an additional
 1914  payment.
 1915         (b) The application for a destination resort license must
 1916  be submitted with a one-time licensing fee of $50 million. If
 1917  the commission denies the application, the commission must
 1918  refund the licensing fee within 30 days after the denial of the
 1919  application. If the applicant withdraws the application after
 1920  the application deadline established by the commission, the
 1921  commission must refund 80 percent of the licensing fee within 30
 1922  days after the application is withdrawn.
 1923         Section 23. Section 551.311, Florida Statutes, is created
 1924  to read:
 1925         551.311 Incomplete applications.—
 1926         (1) An incomplete application for a resort license is
 1927  grounds for the denial of the application.
 1928         (2)(a) If the commission determines that an application for
 1929  a resort license is incomplete, the executive director shall
 1930  immediately provide written notice to the applicant of the
 1931  incomplete items. The applicant may then request an informal
 1932  conference with the executive director or his or her designee to
 1933  discuss the application.
 1934         (b) The executive director may provide the applicant an
 1935  extension of 30 days to complete the application following the
 1936  date of the informal conference. If the executive director finds
 1937  that the application has not been completed within the
 1938  extension, the applicant may appeal the finding to the
 1939  commission. During an extension or the pendency of an appeal to
 1940  the commission, the award of resort licenses in the applicable
 1941  county is stayed.
 1942         Section 24. Section 551.312, Florida Statutes, is created
 1943  to read:
 1944         551.312 Institutional investors as qualifiers.—
 1945         (1)(a) An application for a resort license that has an
 1946  institutional investor as a qualifier need not contain
 1947  information relating to the institutional investor, other than
 1948  the identity of the investor, if the institutional investor
 1949  holds less than 15 percent of the equity or debt securities and
 1950  files a certified statement that the institutional investor does
 1951  not intend to influence or affect the affairs of the applicant
 1952  or an affiliate of the applicant and that its holdings of
 1953  securities of the applicant or affiliate were purchased for
 1954  investment purposes only.
 1955         (b) The commission may limit the application requirements
 1956  as provided in this subsection for an institutional investor
 1957  that is a qualifier and that holds 5 percent or more of the
 1958  equity or debt securities of an applicant or affiliate of the
 1959  applicant upon a showing of good cause and if the conditions
 1960  specified in paragraph (a) are satisfied.
 1961         (2) An institutional investor that is exempt from the full
 1962  application requirements under this section and that
 1963  subsequently intends to influence or affect the affairs of the
 1964  issuer must first notify the commission of its intent and file
 1965  an application containing all of the information that would have
 1966  been required of the institutional investor in the application
 1967  for a resort license. The commission may deny the application if
 1968  it determines that granting the application will impair the
 1969  financial stability of the licensee or impair the ability of the
 1970  licensee to comply with its development plans or other plans
 1971  submitted to the commission by the applicant or licensee.
 1972         (3) An applicant for a license or a resort licensee or
 1973  affiliate shall immediately notify the commission of any
 1974  information concerning an institutional investor holding its
 1975  equity or debt securities which may disqualify an institutional
 1976  investor from having a direct or indirect interest in the
 1977  applicant or licensee, and the commission may require the
 1978  institutional investor to file all information that would have
 1979  been required of the institutional investor in the application
 1980  for a license.
 1981         (4) If the commission finds that an institutional investor
 1982  that is a qualifier fails to comply with the requirements of
 1983  subsection (1) or, if at any time the commission finds that by
 1984  reason of the extent or nature of its holdings an institutional
 1985  investor is in a position to exercise a substantial impact upon
 1986  the controlling interests of a licensee, the commission may
 1987  require the institutional investor to file an application
 1988  containing all of information that would have been required of
 1989  the institutional investor in the application for a license.
 1990         (5) Notwithstanding paragraph (1)(b), an institutional
 1991  investor may vote on all matters that are put to the vote of the
 1992  outstanding security holders of the applicant or licensee.
 1993         Section 25. Section 551.313, Florida Statutes, is created
 1994  to read:
 1995         551.313 Lenders and underwriters; exemption as qualifiers.
 1996  A bank, lending institution, or underwriter in connection with
 1997  any bank or lending institution that, in the ordinary course of
 1998  business, makes a loan to, or holds a security interest in, a
 1999  licensee or applicant, a supplier licensee or applicant or its
 2000  subsidiary, or direct or indirect parent company of any such
 2001  bank, lending institution, or underwriter is not a qualifier and
 2002  is not required to be licensed.
 2003         Section 26. Section 551.314, Florida Statutes, is created
 2004  to read:
 2005         551.314 Conditions for a resort license.—As a condition to
 2006  licensure and to maintain continuing authority, a resort
 2007  licensee must:
 2008         (1) Comply with this part and the rules of the department.
 2009         (2) Allow the department and the Department of Law
 2010  Enforcement unrestricted access to and right of inspection of
 2011  facilities of the licensee in which any activity relative to the
 2012  conduct of gaming is conducted.
 2013         (3) Complete the resort in accordance with the plans and
 2014  timeframe proposed to the commission in its application, unless
 2015  an extension is granted by the commission. The commission may
 2016  grant such an extension, not to exceed 1 year after the original
 2017  planned completion date, upon good cause shown by the licensee.
 2018         (4) Ensure that the facilities-based computer system that
 2019  the licensee will use for operational and accounting functions
 2020  of the facility is specifically structured to facilitate
 2021  regulatory oversight. The facilities-based computer system shall
 2022  be designed to provide the department and the Department of Law
 2023  Enforcement with the ability to monitor, at any time on a real
 2024  time basis, the wagering patterns, payouts, tax collection, and
 2025  such other operations as necessary to determine whether the
 2026  facility is in compliance with statutory provisions and rules
 2027  adopted by the department for the regulation and control of
 2028  gaming. The department and the Department of Law Enforcement
 2029  shall have complete and continuous access to this system. Such
 2030  access shall include the ability of either the department or the
 2031  Department of Law Enforcement to suspend play immediately on
 2032  particular slot machines or gaming devices if monitoring of the
 2033  system indicates possible tampering or manipulation of those
 2034  slot machines or gaming devices or the ability to suspend play
 2035  immediately of the entire operation if the tampering or
 2036  manipulation is of the computer system itself. The computer
 2037  system shall be reviewed and approved by the department to
 2038  ensure necessary access, security, and functionality. However,
 2039  neither the commission nor the Department of Law Enforcement
 2040  shall have the ability to alter any data. The department may
 2041  adopt rules to provide for the approval process.
 2042         (5) Ensure that each game, slot machine, or other gaming
 2043  device is protected from manipulation or tampering that may
 2044  affect the random probabilities of winning plays. The department
 2045  or the Department of Law Enforcement may suspend play upon
 2046  reasonable suspicion of any manipulation or tampering. If play
 2047  has been suspended on any game, slot machine, or other gaming
 2048  device, the department or the Department of Law Enforcement may
 2049  conduct an examination to determine whether the game, machine,
 2050  or other gaming device has been tampered with or manipulated and
 2051  whether the game, machine, or other gaming device should be
 2052  returned to operation.
 2053         (6) Submit a security plan, including the facilities’ floor
 2054  plans, the locations of security cameras, and a listing of all
 2055  security equipment that is capable of observing and
 2056  electronically recording activities being conducted in the
 2057  facilities of the licensee. The security plan must meet the
 2058  minimum security requirements as determined by the department
 2059  and be implemented before the operation of gaming. The
 2060  licensee’s facilities must adhere to the security plan at all
 2061  times. Any changes to the security plan must be submitted by the
 2062  licensee to the department prior to implementation. The
 2063  department shall furnish copies of the security plan and changes
 2064  in the plan to the Department of Law Enforcement.
 2065         (7) Create and file with the commission a written policy
 2066  for:
 2067         (a) Creating opportunities to purchase from vendors in this
 2068  state.
 2069         (b) Creating opportunities for the employment of residents
 2070  of this state.
 2071         (c) Ensuring opportunities for obtaining construction
 2072  services from residents and vendors in this state.
 2073         (d) Ensuring that opportunities for employment are offered
 2074  on an equal, nondiscriminatory basis.
 2075         (e) Training employees on responsible gaming and working
 2076  with a compulsive or addictive gambling prevention program.
 2077         (f) Implementing a drug-testing program for each
 2078  occupational licensee that includes, but is not limited to,
 2079  requiring such person to sign an agreement that he or she
 2080  understands that the resort is a drug-free workplace.
 2081         (g) Using the Internet-based job-listing system of the
 2082  Department of Economic Opportunity in advertising employment
 2083  opportunities.
 2084         (h) Ensuring that the payout percentage of each slot
 2085  machine is at least 85 percent.
 2086         (8) File with the department detailed documentation of the
 2087  applicant’s, its affiliates’, or any holding company’s history
 2088  of using labor in any jurisdiction that would fall outside of
 2089  ages defined in chapter 450.
 2090         (9) Keep and maintain permanent daily records of its
 2091  limited gaming operations and maintain such records for a period
 2092  of not less than 5 years. These records must include all
 2093  financial transactions and contain sufficient detail to
 2094  determine compliance with the requirements of this part. All
 2095  records shall be available for audit and inspection by the
 2096  department, the Department of Law Enforcement, or other law
 2097  enforcement agencies during the resort licensee’s regular
 2098  business hours.
 2099         Section 27. Section 551.315, Florida Statutes, is created
 2100  to read:
 2101         551.315 Surety bond.—A destination resort licensee must, at
 2102  its own cost and expense, before the license is delivered, give
 2103  a bond in the penal sum to be determined by the department
 2104  payable to the Governor of the state and his or her successors
 2105  in office. The bond must be issued by a surety or sureties
 2106  approved by the department and the Chief Financial Officer and
 2107  the bond must be conditioned on the licensee faithfully making
 2108  the required payments to the Chief Financial Officer in his or
 2109  her capacity as treasurer of the commission, keeping the
 2110  licensee’s books and records and make reports as provided, and
 2111  conducting its limited gaming activities in conformity with this
 2112  part. The department shall fix the amount of the bond at the
 2113  total amount of annual license fees and the taxes estimated to
 2114  become due as determined by the department. In lieu of a bond,
 2115  an applicant or licensee may deposit with the department a like
 2116  amount of funds, a savings certificate, a certificate of
 2117  deposit, an investment certificate, or a letter of credit from a
 2118  bank, savings bank, credit union, or savings and loan
 2119  association situated in this state which meets the requirements
 2120  set for that purpose by the Chief Financial Officer. If security
 2121  is provided in the form of a savings certificate, a certificate
 2122  of deposit, or an investment certificate, the certificate must
 2123  state that the amount is unavailable for withdrawal except upon
 2124  order of the department. The department may review the bond or
 2125  other security for adequacy and require adjustments, including
 2126  increasing the amount of the bond and other security. The
 2127  department may adopt rules to administer this section and
 2128  establish guidelines for such bonds or other securities.
 2129         Section 28. Section 551.316, Florida Statutes, is created
 2130  to read:
 2131         551.316 Conduct of limited gaming.—
 2132         (1) Limited gaming may be conducted by a resort licensee,
 2133  subject to the following:
 2134         (a) The site of the limited gaming facility is limited to
 2135  the resort licensee’s site location as approved by the
 2136  commission.
 2137         (b) The department’s agents and employees may enter and
 2138  inspect a limited gaming facility or other facilities relating
 2139  to a resort licensee’s gaming operations at any time for the
 2140  purpose of determining whether the licensee is in compliance
 2141  with this part.
 2142         (c) A resort licensee may lease or purchase gaming devices,
 2143  equipment, or supplies customarily used in conducting gaming
 2144  only from a licensed supplier.
 2145         (d) A resort licensee may not permit any form of wagering
 2146  on games except as permitted by this part.
 2147         (e) A resort licensee may receive wagers only from a person
 2148  present in the limited gaming facility.
 2149         (f) A resort licensee may not permit wagering using money
 2150  or other negotiable currency except for wagering on slot
 2151  machines.
 2152         (g) A resort licensee may not permit a person who has not
 2153  attained 21 years of age to engage in gaming activity or remain
 2154  in an area of a limited gaming facility where gaming is being
 2155  conducted, except for a limited gaming employee of the resort
 2156  licensee who is at least 18 years of age.
 2157         (h) A resort licensee may not sell or distribute tokens,
 2158  chips, or electronic cards used to make wagers outside the
 2159  limited gaming facility. The tokens, chips, or electronic cards
 2160  may be purchased by means of an agreement under which the
 2161  licensee extends credit to a wagerer. The tokens, chips, or
 2162  electronic cards may be used only for the purpose of making
 2163  wagers on games within a limited gaming facility.
 2164         (i) A resort licensee may not conduct business with a
 2165  junket enterprise, except for a junket operator employed full
 2166  time by that licensee.
 2167         (j) All gaming activities must be conducted in accordance
 2168  with department rules.
 2169         (k) Limited gaming may not be conducted by a resort
 2170  licensee until the resort is completed according to the proposal
 2171  approved by the commission.
 2172         (2) A limited gaming facility may operate 24 hours per day,
 2173  every day of the year.
 2174         (3) A resort licensee may set the minimum and maximum
 2175  wagers on all games.
 2176         (4) A resort licensee shall give preference in employment,
 2177  reemployment, promotion, and retention to veterans and to the
 2178  persons included under s. 295.07(1) who possess the minimum
 2179  qualifications necessary to perform the duties of the positions
 2180  involved.
 2181         (5) A resort licensee, its affiliates, directors, and
 2182  employees shall be subject to all applicable federal, state, and
 2183  local laws. Such licensees, affiliates, directors, and employees
 2184  shall subject themselves to jurisdiction of the Federal
 2185  Government and the government of this state and acceptance of a
 2186  license shall be considered an affirmative waiver of extradition
 2187  to the United States from a foreign country.
 2188         (6) The department shall renew a resort license if:
 2189         (a) The licensee has demonstrated an effort to increase
 2190  tourism, generate jobs, provide revenue to the local economy,
 2191  and provide revenue to the state General Revenue Fund.
 2192         (b) The department has not suspended or revoked the license
 2193  of the licensee.
 2194         (c) The licensee continues to satisfy all the requirements
 2195  of the initial application for licensure.
 2196         Section 29. Section 551.318, Florida Statutes, is created
 2197  to read:
 2198         551.318 License fee; tax rate; disposition.—
 2199         (1) LICENSE FEE.—On the anniversary date of the issuance of
 2200  the initial resort license and annually thereafter, the licensee
 2201  must pay to the department a nonrefundable annual license fee of
 2202  $2 million. The license shall be renewed annually, unless the
 2203  department has revoked the license for a violation of this part
 2204  or rule of the department. The license fee shall be deposited
 2205  into the Destination Resort Trust Fund to be used by the
 2206  department and the Department of Law Enforcement for
 2207  investigations, regulation of limited gaming, and enforcement of
 2208  this part.
 2209         (2) GROSS RECEIPTS TAX.—
 2210         (a) Each resort licensee shall pay a gross receipts tax on
 2211  its gross receipts to the state. Upon completion of the resort
 2212  and before limited gaming may be conducted, the resort licensee
 2213  must submit proof, as required by the commission, of the total
 2214  investment made in the construction of the resort. Upon
 2215  submission of this information, the gross receipts tax rate
 2216  shall be 10 percent of the gross receipts.
 2217         (b) The gross receipts tax is in lieu of any other state
 2218  taxes on gross or adjusted gross receipts of a resort licensee.
 2219         (3) TAX PROCEEDS.—
 2220         (a) The gross receipts tax shall be deposited into the
 2221  Destination Resort Trust Fund and shall be used to fund the
 2222  operating costs of the department pursuant to appropriations by
 2223  the Legislature.
 2224         (b) On June 30 of each year, all unappropriated funds in
 2225  excess of $5 million shall be deposited into the General Revenue
 2226  Fund.
 2227         Section 30. Section 551.319, Florida Statutes, is created
 2228  to read:
 2229         551.319 Fingerprint requirements.—Any fingerprints required
 2230  to be taken under this part must be taken in a manner approved
 2231  by, and shall be submitted electronically by the department to,
 2232  the Department of Law Enforcement. The Department of Law
 2233  Enforcement shall submit the results of the state and national
 2234  records check to the department. The department shall consider
 2235  the results of the state and national records check in
 2236  evaluating an application for any license.
 2237         (1) The cost of processing fingerprints and conducting a
 2238  criminal history record check shall be borne by the applicant.
 2239  The Department of Law Enforcement may submit a monthly invoice
 2240  to the department for the cost of processing the fingerprints
 2241  submitted.
 2242         (2) All fingerprints submitted to the Department of Law
 2243  Enforcement pursuant to this part shall be retained by the
 2244  Department of Law Enforcement and entered into the statewide
 2245  automated fingerprint identification system as authorized by s.
 2246  943.05(2)(b) and shall be available for all purposes and uses
 2247  authorized for arrest fingerprint cards entered into the
 2248  statewide automated fingerprint identification system pursuant
 2249  to s. 943.051.
 2250         (3) The Department of Law Enforcement shall search all
 2251  arrest fingerprints received pursuant to s. 943.051, against the
 2252  fingerprints retained in the statewide automated fingerprint
 2253  identification system. Any arrest record that is identified with
 2254  the retained fingerprints of a person subject to the criminal
 2255  history screening under this part shall be reported to the
 2256  department. Each licensee shall pay a fee to the department for
 2257  the cost of retention of the fingerprints and the ongoing
 2258  searches under this subsection. The department shall forward the
 2259  payment to the Department of Law Enforcement. The amount of the
 2260  fee to be imposed for performing these searches and the
 2261  procedures for the retention of licensee fingerprints shall be
 2262  as established by rule of the Department of Law Enforcement. The
 2263  department shall inform the Department of Law Enforcement of any
 2264  change in the license status of licensees whose fingerprints are
 2265  retained under subsection (2).
 2266         (4) The department shall request the Department of Law
 2267  Enforcement to forward the fingerprints to the Federal Bureau of
 2268  Investigation for a national criminal history records check
 2269  every 3 years following issuance of a license. If the
 2270  fingerprints of a person who is licensed have not been retained
 2271  by the Department of Law Enforcement, the person must file
 2272  another set of fingerprints. The department shall collect the
 2273  fees for the cost of the national criminal history record check
 2274  under this subsection and shall forward the payment to the
 2275  Department of Law Enforcement. The cost of processing
 2276  fingerprints and conducting a criminal history record check
 2277  under this subsection shall be borne by the licensee or
 2278  applicant. The Department of Law Enforcement may submit an
 2279  invoice to the department for the fingerprints submitted each
 2280  month. Under penalty of perjury, each person who is licensed or
 2281  who is fingerprinted as required by this section must agree to
 2282  inform the department within 48 hours if he or she is convicted
 2283  of or has entered a plea of guilty or nolo contendere to any
 2284  disqualifying offense, regardless of adjudication.
 2285         Section 31. Section 551.321, Florida Statutes, is created
 2286  to read:
 2287         551.321 Supplier licenses.—
 2288         (1) A person must have a supplier license in order to
 2289  furnish on a regular or continuing basis to a resort licensee or
 2290  an applicant for a resort license gaming equipment, devices, or
 2291  supplies or other goods or services regarding the operation of
 2292  limited gaming at the facility.
 2293         (2) An applicant for a supplier license must apply to the
 2294  department on forms adopted by the department by rule. The
 2295  licensing fee for the initial and annual renewal of the license
 2296  shall be a scale of fees determined by rule of the commission
 2297  based on the type of service provided by the supplier but may
 2298  not exceed $25,000.
 2299         (3) An applicant for a supplier license must include in the
 2300  application the fingerprints of the persons identified by
 2301  department rule for the processing of state and national
 2302  criminal history record checks.
 2303         (4)(a) An applicant for a supplier license is not eligible
 2304  for licensure if:
 2305         1. A person for whom fingerprinting is required under
 2306  subsection (3) has been convicted of a felony under the laws of
 2307  this state, any other state, or the United States;
 2308         2. The applicant knowingly submitted false information in
 2309  the application for a supplier license;
 2310         3. The applicant is a member of the commission or an
 2311  employee of the department;
 2312         4. The applicant is not a natural person and an officer,
 2313  director, or managerial employee of that person is a person
 2314  described in subparagraphs 1.-3.;
 2315         5. The applicant is not a natural person and an employee of
 2316  the applicant participates in the management or operation of
 2317  limited gaming authorized under this part; or
 2318         6. The applicant has had a license to own or operate a
 2319  resort facility or pari-mutuel facility in this state, or a
 2320  similar license in any other jurisdiction, revoked.
 2321         (b) The department may revoke a supplier license at any
 2322  time it determines that the licensee no longer satisfies the
 2323  eligibility requirements in this subsection.
 2324         (5) The department may deny an application for a supplier
 2325  license for any person who:
 2326         (a) Is not qualified to perform the duties required of a
 2327  licensee;
 2328         (b) Fails to disclose information or knowingly submits
 2329  false information in the application;
 2330         (c) Has violated this part or rules of the department; or
 2331         (d) Has had a gaming-related license or application
 2332  suspended, restricted, revoked, or denied for misconduct in any
 2333  other jurisdiction.
 2334         (6) A supplier licensee shall:
 2335         (a) Furnish to the department a list of all gaming
 2336  equipment, devices, and supplies it offers for sale or lease in
 2337  connection with limited gaming authorized in this part;
 2338         (b) Keep books and records documenting the furnishing of
 2339  gaming equipment, devices, and supplies to resort licensees
 2340  separate and distinct from any other business that the supplier
 2341  operates;
 2342         (c) File quarterly returns with the department listing all
 2343  sales or leases of gaming equipment, devices, or supplies to
 2344  resort licensees;
 2345         (d) Permanently affix its name to all gaming equipment,
 2346  devices, or supplies sold or leased to licensees; and
 2347         (e) File an annual report listing its inventories of gaming
 2348  equipment, devices, and supplies, including the locations of
 2349  such equipment.
 2350         (7) All gaming devices, equipment, or supplies furnished by
 2351  a licensed supplier must conform to standards adopted by
 2352  department rule.
 2353         (8)(a) The department may suspend, revoke, or restrict the
 2354  supplier license of a licensee who:
 2355         1. Violates this part or the rules of the department; or
 2356         2. Defaults on the payment of any obligation or debt due to
 2357  this state or a county.
 2358         (b) The department must revoke the supplier license of a
 2359  licensee for any cause that, if known to the department, would
 2360  have disqualified the applicant from receiving a license.
 2361         (9) A supplier licensee may repair gaming equipment,
 2362  devices, or supplies in a facility owned or leased by the
 2363  licensee.
 2364         (10) Gaming devices, equipment, or supplies owned by a
 2365  supplier licensee which are used in an unauthorized gaming
 2366  operation shall be forfeited to the county where the equipment
 2367  is found.
 2368         (11) The department may revoke the license or deny the
 2369  application for a supplier license of a person who fails to
 2370  comply with this section.
 2371         (12) A person who knowingly makes a false statement on an
 2372  application for a supplier license commits a misdemeanor of the
 2373  first degree, punishable as provided in s. 775.082 or s.
 2374  775.083.
 2375         Section 32. Section 551.322, Florida Statutes, is created
 2376  to read:
 2377         551.322 Occupational licenses.—
 2378         (1) The Legislature finds that, due to the nature of their
 2379  employment, some gaming employees require heightened state
 2380  scrutiny, including licensing and criminal history record
 2381  checks.
 2382         (2) Any person who desires to be a gaming employee and has
 2383  a bona fide offer of employment from a licensed gaming entity
 2384  shall apply to the department for an occupational license. A
 2385  person may not be employed as a gaming employee unless that
 2386  person holds an appropriate occupational license issued under
 2387  this section. The department may adopt rules to reclassify a
 2388  category of nongaming employees or gaming employees upon a
 2389  finding that the reclassification is in the public interest and
 2390  consistent with the objectives of this part.
 2391         (3) An applicant for an occupational license must apply to
 2392  the department on forms adopted by the department by rule. An
 2393  occupational license is valid for 4 years following issuance.
 2394  The application must be accompanied by the licensing fee set by
 2395  the department. The licensing fee may not exceed $250 for an
 2396  employee of a resort licensee.
 2397         (a) The applicant shall set forth in the application
 2398  whether the applicant:
 2399         1. Has been issued a gaming-related license in any
 2400  jurisdiction.
 2401         2. Has been issued a gaming-related license in any other
 2402  jurisdiction under any other name and, if so, the name and the
 2403  applicant’s age at the time of licensure.
 2404         3. Has had a permit or license issued by another
 2405  jurisdiction suspended, restricted, or revoked and, if so, for
 2406  what period of time.
 2407         (b) An applicant for an occupational license must include
 2408  his or her fingerprints in the application.
 2409         (4) To be eligible for an occupational license, an
 2410  applicant must:
 2411         (a) Be at least 21 years of age to perform any function
 2412  directly relating to limited gaming by patrons;
 2413         (b) Be at least 18 years of age to perform nongaming
 2414  functions;
 2415         (c) Not have been convicted of a felony or a crime
 2416  involving dishonesty or moral turpitude in any jurisdiction; and
 2417         (d) Meet the standards for the occupational license as
 2418  provided in department rules.
 2419         (5) The department must deny an application for an
 2420  occupational license for any person who:
 2421         (a) Is not qualified to perform the duties required of a
 2422  licensee;
 2423         (b) Fails to disclose or knowingly submits false
 2424  information in the application;
 2425         (c) Has violated this part; or
 2426         (d) Has had a gaming-related license or application
 2427  suspended, revoked, or denied in any other jurisdiction.
 2428         (6)(a) The department may suspend, revoke, or restrict the
 2429  occupational license of a licensee:
 2430         1. Who violates this part or the rules of the department;
 2431         2. Who defaults on the payment of any obligation or debt
 2432  due to this state or a county; or
 2433         3. For any just cause.
 2434         (b) The department shall revoke the occupational license of
 2435  a licensee for any cause that, if known to the department, would
 2436  have disqualified the applicant from receiving a license.
 2437         (7) Any training provided for an occupational licensee may
 2438  be conducted in the facility of a resort licensee or at a school
 2439  with which the resort licensee has entered into an agreement for
 2440  that purpose.
 2441         (8) A licensed travel agent whose commission or
 2442  compensation from a licensee is derived solely from the price of
 2443  the transportation or lodging arranged for by the travel agent
 2444  is not required to have an occupational license.
 2445         (9) A person who knowingly makes a false statement on an
 2446  application for an occupational license commits a misdemeanor of
 2447  the first degree, punishable as provided in s. 775.082 or s.
 2448  775.083.
 2449         Section 33. Section 551.323, Florida Statutes, is created
 2450  to read:
 2451         551.323 Temporary supplier license; temporary occupational
 2452  license.—
 2453         (1) Upon the written request of an applicant for a supplier
 2454  license or an occupational license, the executive director shall
 2455  issue a temporary license to the applicant and permit the
 2456  applicant to undertake employment with or provide gaming
 2457  equipment, devices, or supplies or other goods or services to a
 2458  resort licensee or an applicant for a resort license if:
 2459         (a) The applicant has submitted a completed application, an
 2460  application fee, all required disclosure forms, and other
 2461  required written documentation and materials;
 2462         (b) A preliminary review of the application and the
 2463  criminal history record check does not reveal that the applicant
 2464  or a person subject to a criminal history record check has been
 2465  convicted of a crime that would require denial of the
 2466  application;
 2467         (c) A deficiency does not appear to exist in the
 2468  application which may require denial of the application; and
 2469         (d) The applicant has an offer of employment from, or an
 2470  agreement to begin providing gaming devices, equipment, or
 2471  supplies or other goods and services to, a resort licensee or an
 2472  applicant for a resort license, or the applicant for a temporary
 2473  license shows good cause for being granted a temporary license.
 2474         (2) An initial temporary occupational license or supplier’s
 2475  license may not be valid for more than 90 days; however, a
 2476  temporary occupational license may be renewed one time for an
 2477  additional 90 days.
 2478         (3) An applicant who receives a temporary license may
 2479  undertake employment with or supply a resort licensee with
 2480  gaming devices, equipment, or supplies or other goods or
 2481  services until a license is issued or denied or until the
 2482  temporary license expires or is suspended or revoked.
 2483         Section 34. Section 551.325, Florida Statutes, is created
 2484  to read:
 2485         551.325 Quarterly report.—The commission shall file
 2486  quarterly reports with the Governor, the President of the
 2487  Senate, and the Speaker of the House of Representatives covering
 2488  the previous fiscal quarter. Each report must include:
 2489         (1) A statement of receipts and disbursements related to
 2490  limited gaming.
 2491         (2) A summary of disciplinary actions taken by the
 2492  department.
 2493         (3) Any additional information and recommendations that the
 2494  department believes may improve the regulation of limited gaming
 2495  or increase the economic benefits of limited gaming to this
 2496  state.
 2497         Section 35. Section 551.327, Florida Statutes, is created
 2498  to read:
 2499         551.327 Resolution of disputes between licensees and
 2500  wagerers.—
 2501         (1)(a) The licensee must immediately notify the department
 2502  of a dispute whenever a resort licensee has a dispute with a
 2503  wagerer which is not resolved to the satisfaction of the patron
 2504  if the amount disputed is $500 or more and involves:
 2505         1. Alleged winnings, alleged losses, or the award or
 2506  distribution of cash, prizes, benefits, tickets, or any other
 2507  item or items in a game, tournament, contest, drawing,
 2508  promotion, race, or similar activity or event; or
 2509         2. The manner in which a game, tournament, contest,
 2510  drawing, promotion, race, or similar activity or event was
 2511  conducted.
 2512         (b) If the dispute involves an amount less than $500, the
 2513  licensee must immediately notify the wagerer of his or her right
 2514  to file a complaint with the department.
 2515         (2) Upon notice of a dispute or receipt of a complaint, the
 2516  department shall conduct any investigation it deems necessary
 2517  and may order the licensee to make a payment to the wagerer upon
 2518  a finding that the licensee is liable for the disputed amount.
 2519  The decision of the department is effective on the date the
 2520  aggrieved party receives notice of the decision. Notice of the
 2521  decision is deemed sufficient if it is mailed to the last known
 2522  address of the licensee and the wagerer. The notice is deemed to
 2523  have been received by the resort licensee or the wagerer 5 days
 2524  after it is deposited with the United States Postal Service with
 2525  postage prepaid.
 2526         (3) The failure of a resort licensee to notify the
 2527  department of the dispute or the wagerer of the right to file a
 2528  complaint is grounds for disciplinary action.
 2529         (4) Gaming-related disputes may only be resolved by the
 2530  department and are not under the jurisdiction of state courts.
 2531         (5) This section may not be construed to deny a wagerer an
 2532  opportunity to make a claim in state court for nongaming-related
 2533  issues.
 2534         Section 36. Section 551.328, Florida Statutes, is created
 2535  to read:
 2536         551.328 Enforcement of credit instruments.—
 2537         (1) A credit instrument and the debt that instrument
 2538  represents are valid and may be enforced by legal process.
 2539         (2) A resort licensee may accept an incomplete credit
 2540  instrument that is signed by the patron and states the amount of
 2541  the debt in numbers and may complete the instrument as is
 2542  necessary for the instrument to be presented for payment.
 2543         (3) A resort licensee may accept a credit instrument that
 2544  is payable to an affiliate or may complete a credit instrument
 2545  payable to an affiliate if the credit instrument otherwise
 2546  complies with this section and the records of the affiliate
 2547  pertaining to the credit instrument are made available to the
 2548  department upon request.
 2549         (4) A resort licensee may accept a credit instrument
 2550  before, during, or after the patron incurs the debt. The credit
 2551  instrument and the debt that the instrument represents are
 2552  enforceable without regard to whether the credit instrument was
 2553  accepted before, during, or after the incurring of the debt.
 2554         (5) This section does not prohibit the establishment of an
 2555  account by a deposit of cash, recognized traveler’s check, or
 2556  any other instrument that is equivalent to cash.
 2557         (6) If a credit instrument is lost or destroyed, the debt
 2558  represented by the credit instrument may be enforced if the
 2559  resort licensee or person acting on behalf of the licensee can
 2560  prove the existence of the credit instrument.
 2561         (7) The existence of a mental disorder in a patron who
 2562  provides a credit instrument to a resort licensee:
 2563         (a) Is not a defense in any action by a resort licensee to
 2564  enforce a credit instrument or the debt that the credit
 2565  instrument represents.
 2566         (b) Is not a valid counterclaim in an action to enforce the
 2567  credit instrument or the debt that the credit instrument
 2568  represents.
 2569         (8) The failure of a resort licensee to comply with this
 2570  section or department rules does not invalidate a credit
 2571  instrument or affect its ability to enforce the credit
 2572  instrument or the debt that the credit instrument represents.
 2573         (9) The department may adopt rules prescribing the
 2574  conditions under which a credit instrument may be redeemed or
 2575  presented to a bank, credit union, or other financial
 2576  institution for collection or payment.
 2577         (10) A violation of these regulatory requirements only
 2578  states a basis for disciplinary action for the commission.
 2579         Section 37. Section 551.330, Florida Statutes, is created
 2580  to read:
 2581         551.330 Compulsive or addictive gambling prevention
 2582  program.—
 2583         (1) A resort licensee shall offer training to employees on
 2584  responsible gaming and shall work with a compulsive or addictive
 2585  gambling prevention program to recognize problem gaming
 2586  situations and to implement responsible gaming programs and
 2587  practices.
 2588         (2) The department shall, subject to competitive bidding,
 2589  contract for services relating to the prevention of compulsive
 2590  and addictive gambling. The contract shall provide for an
 2591  advertising program to encourage responsible gaming practices
 2592  and to publicize a gambling telephone help line. Such
 2593  advertisements must be made both publicly and inside the
 2594  resort’s limited gaming facility. The terms of any contract for
 2595  such services shall include accountability standards that must
 2596  be met by any private provider. The failure of a private
 2597  provider to meet any material terms of the contract, including
 2598  the accountability standards, constitutes a breach of contract
 2599  or is grounds for nonrenewal. The department may consult with
 2600  the Department of the Lottery or the Department of Business and
 2601  Professional Regulation in the development of the program and
 2602  the development and analysis of any procurement for contractual
 2603  services for the compulsive or addictive gambling prevention
 2604  program.
 2605         (3) The compulsive or addictive gambling prevention program
 2606  shall be funded from an annual nonrefundable regulatory fee of
 2607  $250,000 paid by each resort licensee to the department.
 2608         Section 38. Section 551.331, Florida Statutes, is created
 2609  to read:
 2610         551.331 Voluntary self-exclusion from a limited gaming
 2611  facility.—
 2612         (1) A person may request that he or she be excluded from
 2613  limited gaming facilities in this state by personally submitting
 2614  a Request for Voluntary Self-exclusion from Limited Gaming
 2615  Facilities Form to the department. The form must require the
 2616  person requesting exclusion to:
 2617         (a) State his or her:
 2618         1. Name, including any aliases or nicknames;
 2619         2. Date of birth;
 2620         3. Current residential address;
 2621         4. Telephone number;
 2622         5. Social security number; and
 2623         6. Physical description, including height, weight, gender,
 2624  hair color, eye color, and any other physical characteristic
 2625  that may assist in the identification of the person.
 2626  
 2627  A self-excluded person must update the information in this
 2628  paragraph on forms supplied by the department within 30 days
 2629  after any change.
 2630         (b) Select one of the following as the duration of the
 2631  self-exclusion:
 2632         1. One year.
 2633         2. Five years.
 2634         3. Lifetime.
 2635         (c) Execute a release in which the person:
 2636         1. Acknowledges that the request for exclusion has been
 2637  made voluntarily.
 2638         2. Certifies that the information provided in the request
 2639  for self-exclusion is true and correct.
 2640         3. Acknowledges that the individual requesting self
 2641  exclusion is a problem gambler.
 2642         4. Acknowledges that a person requesting a lifetime
 2643  exclusion will not be removed from the self-exclusion list and
 2644  that a person requesting a 1-year or 5-year exclusion will
 2645  remain on the self-exclusion list until a request for removal is
 2646  approved by the department.
 2647         5. Acknowledges that, if the individual is discovered on
 2648  the gaming floor of a limited gaming facility, the individual
 2649  may be removed and may be arrested and prosecuted for criminal
 2650  trespass.
 2651         6. Releases, indemnifies, holds harmless, and forever
 2652  discharges the state, department, and all licensee from any
 2653  claims, damages, losses, expenses, or liability arising out of,
 2654  by reason of or relating to the self-excluded person or to any
 2655  other party for any harm, monetary or otherwise, which may arise
 2656  as a result of one or more of the following:
 2657         a. The failure of a resort licensee to withhold gaming
 2658  privileges from or restore gaming privileges to a self-excluded
 2659  person.
 2660         b. Permitting or prohibiting a self-excluded person from
 2661  engaging in gaming activity in a limited gaming facility.
 2662         (2) A person submitting a self-exclusion request must
 2663  present to the department a government-issued form of
 2664  identification containing the person’s signature.
 2665         (3) The department shall take a photograph of a person
 2666  requesting self-exclusion at the time the person submits a
 2667  request for self-exclusion.
 2668         Section 39. Paragraph (a) of subsection (2) of section
 2669  561.20, Florida Statutes, is amended to read:
 2670         561.20 Limitation upon number of licenses issued.—
 2671         (2)(a) No such limitation of the number of licenses as
 2672  herein provided shall henceforth prohibit the issuance of a
 2673  special license to:
 2674         1. Any bona fide hotel, motel, or motor court of not fewer
 2675  than 80 guest rooms in any county having a population of less
 2676  than 50,000 residents, and of not fewer than 100 guest rooms in
 2677  any county having a population of 50,000 residents or greater;
 2678  or any bona fide hotel or motel located in a historic structure,
 2679  as defined in s. 561.01(21), with fewer than 100 guest rooms
 2680  which derives at least 51 percent of its gross revenue from the
 2681  rental of hotel or motel rooms, which is licensed as a public
 2682  lodging establishment by the Division of Hotels and Restaurants;
 2683  provided, however, that a bona fide hotel or motel with no fewer
 2684  than 10 and no more than 25 guest rooms which is a historic
 2685  structure, as defined in s. 561.01(21), in a municipality that
 2686  on the effective date of this act has a population, according to
 2687  the University of Florida’s Bureau of Economic and Business
 2688  Research Estimates of Population for 1998, of no fewer than
 2689  25,000 and no more than 35,000 residents and that is within a
 2690  constitutionally chartered county may be issued a special
 2691  license. This special license shall allow the sale and
 2692  consumption of alcoholic beverages only on the licensed premises
 2693  of the hotel or motel. In addition, the hotel or motel must
 2694  derive at least 60 percent of its gross revenue from the rental
 2695  of hotel or motel rooms and the sale of food and nonalcoholic
 2696  beverages; provided that the provisions of this subparagraph
 2697  shall supersede local laws requiring a greater number of hotel
 2698  rooms;
 2699         2. Any condominium accommodation of which no fewer than 100
 2700  condominium units are wholly rentable to transients and which is
 2701  licensed under the provisions of chapter 509, except that the
 2702  license shall be issued only to the person or corporation which
 2703  operates the hotel or motel operation and not to the association
 2704  of condominium owners;
 2705         3. Any condominium accommodation of which no fewer than 50
 2706  condominium units are wholly rentable to transients, which is
 2707  licensed under the provisions of chapter 509, and which is
 2708  located in any county having home rule under s. 10 or s. 11,
 2709  Art. VIII of the State Constitution of 1885, as amended, and
 2710  incorporated by reference in s. 6(e), Art. VIII of the State
 2711  Constitution, except that the license shall be issued only to
 2712  the person or corporation which operates the hotel or motel
 2713  operation and not to the association of condominium owners;
 2714         4. Any restaurant having 2,500 square feet of service area
 2715  and equipped to serve 150 persons full course meals at tables at
 2716  one time, and deriving at least 51 percent of its gross revenue
 2717  from the sale of food and nonalcoholic beverages; however, no
 2718  restaurant granted a special license on or after January 1,
 2719  1958, pursuant to general or special law shall operate as a
 2720  package store, nor shall intoxicating beverages be sold under
 2721  such license after the hours of serving food have elapsed; or
 2722         5. Any caterer, deriving at least 51 percent of its gross
 2723  revenue from the sale of food and nonalcoholic beverages,
 2724  licensed by the Division of Hotels and Restaurants under chapter
 2725  509. Notwithstanding any other provision of law to the contrary,
 2726  a licensee under this subparagraph shall sell or serve alcoholic
 2727  beverages only for consumption on the premises of a catered
 2728  event at which the licensee is also providing prepared food, and
 2729  shall prominently display its license at any catered event at
 2730  which the caterer is selling or serving alcoholic beverages. A
 2731  licensee under this subparagraph shall purchase all alcoholic
 2732  beverages it sells or serves at a catered event from a vendor
 2733  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
 2734  565.02(1) subject to the limitation imposed in subsection (1),
 2735  as appropriate. A licensee under this subparagraph may not store
 2736  any alcoholic beverages to be sold or served at a catered event.
 2737  Any alcoholic beverages purchased by a licensee under this
 2738  subparagraph for a catered event that are not used at that event
 2739  must remain with the customer; provided that if the vendor
 2740  accepts unopened alcoholic beverages, the licensee may return
 2741  such alcoholic beverages to the vendor for a credit or
 2742  reimbursement. Regardless of the county or counties in which the
 2743  licensee operates, a licensee under this subparagraph shall pay
 2744  the annual state license tax set forth in s. 565.02(1)(b). A
 2745  licensee under this subparagraph must maintain for a period of 3
 2746  years all records required by the department by rule to
 2747  demonstrate compliance with the requirements of this
 2748  subparagraph, including licensed vendor receipts for the
 2749  purchase of alcoholic beverages and records identifying each
 2750  customer and the location and date of each catered event.
 2751  Notwithstanding any provision of law to the contrary, any vendor
 2752  licensed under s. 565.02(1) subject to the limitation imposed in
 2753  subsection (1), may, without any additional licensure under this
 2754  subparagraph, serve or sell alcoholic beverages for consumption
 2755  on the premises of a catered event at which prepared food is
 2756  provided by a caterer licensed under chapter 509. If a licensee
 2757  under this subparagraph also possesses any other license under
 2758  the Beverage Law, the license issued under this subparagraph
 2759  shall not authorize the holder to conduct activities on the
 2760  premises to which the other license or licenses apply that would
 2761  otherwise be prohibited by the terms of that license or the
 2762  Beverage Law. Nothing in this section shall permit the licensee
 2763  to conduct activities that are otherwise prohibited by the
 2764  Beverage Law or local law. The Division of Alcoholic Beverages
 2765  and Tobacco is hereby authorized to adopt rules to administer
 2766  the license created in this subparagraph, to include rules
 2767  governing licensure, recordkeeping, and enforcement. The first
 2768  $300,000 in fees collected by the division each fiscal year
 2769  pursuant to this subparagraph shall be deposited in the
 2770  Department of Children and Family Services’ Operations and
 2771  Maintenance Trust Fund to be used only for alcohol and drug
 2772  abuse education, treatment, and prevention programs. The
 2773  remainder of the fees collected shall be deposited into the
 2774  Hotel and Restaurant Trust Fund created pursuant to s. 509.072.
 2775         6. Any destination resort licensed by the State Gaming
 2776  Commission under chapter 551. Notwithstanding any other
 2777  provision of law to the contrary, a licensee under this
 2778  subparagraph may sell or serve alcoholic beverages only for
 2779  consumption on the premises. A licensee under this subparagraph
 2780  shall purchase all alcoholic beverages from a supplier licensed
 2781  under s. 551.321 or s. 551.323. Regardless of the county or
 2782  counties in which the licensee operates, a licensee under this
 2783  subparagraph shall pay an annual state license tax of $50,000,
 2784  the proceeds of which shall be deposited into the Destination
 2785  Resort Trust Fund of the Department of Gaming Control. This
 2786  subparagraph expressly preempts the regulation of alcoholic
 2787  beverages at destination resorts licensed by the State Gaming
 2788  Commission to the state and supersedes any municipal or county
 2789  ordinance on the subject. Notwithstanding any other law or local
 2790  law or ordinance to the contrary, a licensee under this
 2791  subparagraph may serve alcoholic beverages 24 hours per day,
 2792  every day of the year. This subparagraph does not permit the
 2793  licensee to conduct activities that are otherwise prohibited by
 2794  the Beverage Law. The State Gaming Commission shall adopt rules
 2795  to implement this subparagraph, including, but not limited to,
 2796  rules governing licensure, recordkeeping, and enforcement. A
 2797  licensee under this subparagraph must maintain for a period of 3
 2798  years all records required by the State Gaming Commission by
 2799  rule to demonstrate compliance with the requirements of this
 2800  subparagraph, including licensed supplier receipts for the
 2801  purchase of alcoholic beverages.
 2802  
 2803  However, any license heretofore issued to any such hotel, motel,
 2804  motor court, or restaurant or hereafter issued to any such
 2805  hotel, motel, or motor court, including a condominium
 2806  accommodation, under the general law shall not be moved to a new
 2807  location, such license being valid only on the premises of such
 2808  hotel, motel, motor court, or restaurant. Licenses issued to
 2809  hotels, motels, motor courts, or restaurants under the general
 2810  law and held by such hotels, motels, motor courts, or
 2811  restaurants on May 24, 1947, shall be counted in the quota
 2812  limitation contained in subsection (1). Any license issued for
 2813  any hotel, motel, or motor court under the provisions of this
 2814  law shall be issued only to the owner of the hotel, motel, or
 2815  motor court or, in the event the hotel, motel, or motor court is
 2816  leased, to the lessee of the hotel, motel, or motor court; and
 2817  the license shall remain in the name of the owner or lessee so
 2818  long as the license is in existence. Any special license now in
 2819  existence heretofore issued under the provisions of this law
 2820  cannot be renewed except in the name of the owner of the hotel,
 2821  motel, motor court, or restaurant or, in the event the hotel,
 2822  motel, motor court, or restaurant is leased, in the name of the
 2823  lessee of the hotel, motel, motor court, or restaurant in which
 2824  the license is located and must remain in the name of the owner
 2825  or lessee so long as the license is in existence. Any license
 2826  issued under this section shall be marked “Special,” and nothing
 2827  herein provided shall limit, restrict, or prevent the issuance
 2828  of a special license for any restaurant or motel which shall
 2829  hereafter meet the requirements of the law existing immediately
 2830  prior to the effective date of this act, if construction of such
 2831  restaurant has commenced prior to the effective date of this act
 2832  and is completed within 30 days thereafter, or if an application
 2833  is on file for such special license at the time this act takes
 2834  effect; and any such licenses issued under this proviso may be
 2835  annually renewed as now provided by law. Nothing herein prevents
 2836  an application for transfer of a license to a bona fide
 2837  purchaser of any hotel, motel, motor court, or restaurant by the
 2838  purchaser of such facility or the transfer of such license
 2839  pursuant to law.
 2840         Section 40. Section 849.15, Florida Statutes, is amended to
 2841  read:
 2842         849.15 Manufacture, sale, possession, etc., of coin
 2843  operated devices prohibited.—
 2844         (1) It is unlawful:
 2845         (a) To manufacture, own, store, keep, possess, sell, rent,
 2846  lease, let on shares, lend or give away, transport, or expose
 2847  for sale or lease, or to offer to sell, rent, lease, let on
 2848  shares, lend or give away, or permit the operation of, or for
 2849  any person to permit to be placed, maintained, or used or kept
 2850  in any room, space, or building owned, leased or occupied by the
 2851  person or under the person’s management or control, any slot
 2852  machine or device or any part thereof; or
 2853         (b) To make or to permit to be made with any person any
 2854  agreement with reference to any slot machine or device, pursuant
 2855  to which the user thereof, as a result of any element of chance
 2856  or other outcome unpredictable to him or her, may become
 2857  entitled to receive any money, credit, allowance, or thing of
 2858  value or additional chance or right to use such machine or
 2859  device, or to receive any check, slug, token or memorandum
 2860  entitling the holder to receive any money, credit, allowance or
 2861  thing of value.
 2862         (2) Pursuant to section 2 of that chapter of the Congress
 2863  of the United States entitled “An act to prohibit transportation
 2864  of gaming devices in interstate and foreign commerce,” approved
 2865  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
 2866  designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
 2867  acting by and through the duly elected and qualified members of
 2868  its Legislature, does hereby in this section, and in accordance
 2869  with and in compliance with the provisions of section 2 of such
 2870  chapter of Congress, declare and proclaim that any county of the
 2871  State of Florida within which slot machine gaming is authorized
 2872  pursuant to chapter 551 is exempt from the provisions of section
 2873  2 of that chapter of the Congress of the United States entitled
 2874  “An act to prohibit transportation of gaming devices in
 2875  interstate and foreign commerce,” designated as 15 U.S.C. ss.
 2876  1171-1177, approved January 2, 1951. All shipments of gaming
 2877  devices, including slot machines, into any county of this state
 2878  within which slot machine gaming is authorized pursuant to
 2879  chapter 551 and the registering, recording, and labeling of
 2880  which have been duly performed by the manufacturer or
 2881  distributor thereof in accordance with sections 3 and 4 of that
 2882  chapter of the Congress of the United States entitled “An act to
 2883  prohibit transportation of gaming devices in interstate and
 2884  foreign commerce,” approved January 2, 1951, being ch. 1194, 64
 2885  Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
 2886  shall be deemed legal shipments thereof into this state provided
 2887  the destination of such shipments is an eligible facility as
 2888  defined in s. 551.102, or the facility of a slot machine
 2889  manufacturer or slot machine distributor as provided in s.
 2890  551.109(2)(a), or the facility of a resort licensee or supplier
 2891  licensee under part III of chapter 551.
 2892         (3) This section does not apply to slot machine licensees
 2893  authorized under part II of chapter 551 or resort licensees as
 2894  authorized under part III of chapter 551.
 2895         Section 41. Section 849.231, Florida Statutes, is amended
 2896  to read:
 2897         849.231 Gambling devices; manufacture, sale, purchase or
 2898  possession unlawful.—
 2899         (1) Except in instances when the following described
 2900  implements or apparatus are being held or transported by
 2901  authorized persons for the purpose of destruction, as
 2902  hereinafter provided, and except in instances when the following
 2903  described instruments or apparatus are being held, sold,
 2904  transported, or manufactured by persons who have registered with
 2905  the United States Government pursuant to the provisions of Title
 2906  15 of the United States Code, ss. 1171 et seq., as amended, so
 2907  long as the described implements or apparatus are not displayed
 2908  to the general public, sold for use in Florida, or held or
 2909  manufactured in contravention of the requirements of 15 U.S.C.
 2910  ss. 1171 et seq., it shall be unlawful for any person to
 2911  manufacture, sell, transport, offer for sale, purchase, own, or
 2912  have in his or her possession any roulette wheel or table, faro
 2913  layout, crap table or layout, chemin de fer table or layout,
 2914  chuck-a-luck wheel, bird cage such as used for gambling, bolita
 2915  balls, chips with house markings, or any other device,
 2916  implement, apparatus, or paraphernalia ordinarily or commonly
 2917  used or designed to be used in the operation of gambling houses
 2918  or establishments, excepting ordinary dice and playing cards.
 2919         (2) In addition to any other penalties provided for the
 2920  violation of this section, any occupational license held by a
 2921  person found guilty of violating this section shall be suspended
 2922  for a period not to exceed 5 years.
 2923         (3) This section and s. 849.05 do not apply to a vessel of
 2924  foreign registry or a vessel operated under the authority of a
 2925  country except the United States, while docked in this state or
 2926  transiting in the territorial waters of this state.
 2927         (4) This section does not apply to slot machine licensees
 2928  authorized under part II of chapter 551 or resort licensees as
 2929  authorized under part III of chapter 551.
 2930         Section 42. Section 849.25, Florida Statutes, is amended to
 2931  read:
 2932         849.25 “Bookmaking” defined; penalties; exceptions.—
 2933         (1)(a) The term “bookmaking” means the act of taking or
 2934  receiving, while engaged in the business or profession of
 2935  gambling, any bet or wager upon the result of any trial or
 2936  contest of skill, speed, power, or endurance of human, beast,
 2937  fowl, motor vehicle, or mechanical apparatus or upon the result
 2938  of any chance, casualty, unknown, or contingent event
 2939  whatsoever.
 2940         (b) The following factors shall be considered in making a
 2941  determination that a person has engaged in the offense of
 2942  bookmaking:
 2943         1. Taking advantage of betting odds created to produce a
 2944  profit for the bookmaker or charging a percentage on accepted
 2945  wagers.
 2946         2. Placing all or part of accepted wagers with other
 2947  bookmakers to reduce the chance of financial loss.
 2948         3. Taking or receiving more than five wagers in any single
 2949  day.
 2950         4. Taking or receiving wagers totaling more than $500 in
 2951  any single day, or more than $1,500 in any single week.
 2952         5. Engaging in a common scheme with two or more persons to
 2953  take or receive wagers.
 2954         6. Taking or receiving wagers on both sides on a contest at
 2955  the identical point spread.
 2956         7. Any other factor relevant to establishing that the
 2957  operating procedures of such person are commercial in nature.
 2958         (c) The existence of any two factors listed in paragraph
 2959  (b) may constitute prima facie evidence of a commercial
 2960  bookmaking operation.
 2961         (2) Any person who engages in bookmaking commits shall be
 2962  guilty of a felony of the third degree, punishable as provided
 2963  in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
 2964  provisions of s. 948.01, any person convicted under the
 2965  provisions of this subsection shall not have adjudication of
 2966  guilt suspended, deferred, or withheld.
 2967         (3) Any person who has been convicted of bookmaking and
 2968  thereafter violates the provisions of this section commits shall
 2969  be guilty of a felony of the second degree, punishable as
 2970  provided in s. 775.082, s. 775.083, or s. 775.084.
 2971  Notwithstanding the provisions of s. 948.01, any person
 2972  convicted under the provisions of this subsection shall not have
 2973  adjudication of guilt suspended, deferred, or withheld.
 2974         (4) Notwithstanding the provisions of s. 777.04, any person
 2975  who is guilty of conspiracy to commit bookmaking is shall be
 2976  subject to the penalties imposed by subsections (2) and (3).
 2977         (5) This section does shall not apply to pari-mutuel
 2978  wagering in Florida as authorized under chapter 550.
 2979         (6) This section does shall not apply to any prosecutions
 2980  filed and pending at the time of the passage hereof, but all
 2981  such cases shall be disposed of under existing laws at the time
 2982  of the institution of such prosecutions.
 2983         (7) This section does not apply to slot machine licensees
 2984  authorized under part II of chapter 551 or resort licensees as
 2985  authorized under part III of chapter 551.
 2986         Section 43. Section 849.48, Florida Statutes, is created to
 2987  read:
 2988         849.48 Gambling operator, manufacturer, distributor
 2989  licenses; application; qualifications; fees; renewal;
 2990  duplicates.—
 2991         (1)(a) Each person, firm, association, partnership, or
 2992  corporate entity that seeks to operate a gambling business or to
 2993  allow gambling to occur on its premises must obtain a license
 2994  from the department. Any person, firm, association, partnership,
 2995  or corporate entity owning, leasing, furnishing, manufacturing,
 2996  distributing, or operating gambling devices must obtain a
 2997  license from the Department of Gaming Control.
 2998         (b) An application for a license must be made on a form
 2999  adopted by rule of the department. The form must require the
 3000  applicant to set forth the name under which the applicant
 3001  transacts or intends to transact business, the address of the
 3002  location of the applicant’s place of business, and any other
 3003  information the department requires. If the applicant has, or
 3004  intends to have, more than one place of business where gambling
 3005  will occur or gambling devices will be located, a separate
 3006  application must be made for each place of business. If the
 3007  applicant is a firm, association, partnership, or corporate
 3008  entity, the application must set forth the names and addresses
 3009  of the persons owning more than 5 percent of, or exercising any
 3010  decisionmaking control over, the business. If the applicant is a
 3011  corporate entity, the application must additionally set forth
 3012  the names and addresses of the principal officers of the
 3013  corporation. The application must also set forth any other
 3014  information prescribed by the department for the purpose of
 3015  identifying the applicant, its owners, or its decisionmaking
 3016  principals. The application must be signed and verified by oath
 3017  or affirmation by the owner. If the owner is a firm,
 3018  association, or partnership, the application must be signed by
 3019  the members or partners thereof, or, if the owner is a corporate
 3020  entity, by a decisionmaking principal authorized by the entity
 3021  to sign the application, together with the written evidence of
 3022  the principal’s authority. The application must be accompanied
 3023  by the annual license fee prescribed by the department.
 3024         (c) Licenses shall be issued annually, upon payment of the
 3025  annual license fee prescribed by the department. The department
 3026  shall fix the fee in an amount sufficient to meet the costs of
 3027  carrying out its licensing, enforcement, and administrative
 3028  responsibilities under this chapter, but the fee may not exceed
 3029  $5,000. The proceeds of the fee shall be deposited into the
 3030  Destination Resort Trust Fund of the Department of Gaming
 3031  Control.
 3032         (d) The holder of a license may renew the license each
 3033  year, on or before January 15, upon payment of the annual
 3034  license fee. A licensee that does not timely renew its license
 3035  must pay a delinquent renewal fee of $500 for each month or
 3036  portion of a month occurring after expiration, and before
 3037  renewal, of the license.
 3038         (e) The department may not grant an exemption from the
 3039  license fees prescribed in this subsection to any applicant.
 3040         (f) The department shall establish a procedural rule that,
 3041  to the greatest extent possible, provides for the Department of
 3042  Law Enforcement to conduct background investigations for the
 3043  initial licensing and licensing renewals.
 3044         (2)(a) A license may be issued only to a person who is at
 3045  least 18 years of age or to a corporation having officers who
 3046  are at least 18 years of age.
 3047         (b) The department may refuse to issue a license to:
 3048         1. Any person, firm, association, partnership, or corporate
 3049  entity whose license has been revoked by the department;
 3050         2. Any corporation having an officer whose license has been
 3051  revoked by the department; or
 3052         3. Any person who is or has been an officer of a
 3053  corporation whose license has been revoked by the department or
 3054  who is or has been an officer of a corporation whose license
 3055  relating to gambling activities has been revoked in another
 3056  jurisdiction.
 3057         (c) The department shall revoke any license issued to a
 3058  firm, association, partnership, or corporate entity that is
 3059  prohibited from licensure under this section.
 3060         (3) Upon approval of an application for a license, the
 3061  Department of Gaming Control shall issue to the applicant a
 3062  license for the place of business or premises specified in the
 3063  application. A license is not assignable and is valid only for
 3064  the person in whose name the license is issued and for the place
 3065  designated in the license. The licensee must be in possession of
 3066  the license at all times while working at the location for which
 3067  the license was issued and must display the license upon demand
 3068  to any person.
 3069         (4) If a license has been destroyed or lost, the licensee
 3070  may apply to the Department of Gaming Control for the issuance
 3071  of a duplicate license. The department shall issue a duplicate
 3072  license upon payment of a $150 fee, which the department shall
 3073  deposit into the Destination Resort Trust Fund of the Department
 3074  of Gaming Control.
 3075         Section 44. Transfers.—
 3076         (1) All of the statutory powers, duties and functions,
 3077  records, personnel, property, and unexpended balances of
 3078  appropriations, allocations, or other funds for the
 3079  administration of chapter 550, Florida Statutes, are transferred
 3080  intact by a type two transfer, as defined in s. 20.06(2),
 3081  Florida Statutes, from the Division of Pari-mutuel Wagering of
 3082  the Department of Business and Professional Regulation to the
 3083  Division of Licensure of the Department of Gaming Control.
 3084         (2) All of the statutory powers, duties and functions,
 3085  records, personnel, property, and unexpended balances of
 3086  appropriations, allocations, or other funds for the
 3087  administration of chapter 551, Florida Statutes, are transferred
 3088  by a type two transfer, as defined in s. 20.06(2), Florida
 3089  Statutes, from the Division of Pari-mutuel Wagering of the
 3090  Department of Business and Professional Regulation to the
 3091  Division of Licensure of Department of Gaming Control.
 3092         (3) All of the statutory powers, duties and functions,
 3093  records, personnel, property, and unexpended balances of
 3094  appropriations, allocations, or other funds for the
 3095  administration of s. 849.086, Florida Statutes, are transferred
 3096  by a type two transfer, as defined in s. 20.06(2), Florida
 3097  Statutes, from the Division of Pari-mutuel Wagering of the
 3098  Department of Business and Professional Regulation to the
 3099  Division of Licensure of Department of Gaming Control.
 3100         (4) The following trust funds are transferred from the
 3101  Division of Pari-mutuel Wagering of the Department of Business
 3102  and Professional Regulation to the Division of Licensure of
 3103  Department of Gaming Control:
 3104         (a) Pari-mutuel Wagering Trust Fund.
 3105         (b) Racing Scholarship Trust Fund.
 3106         Section 45. Paragraph (f) of subsection (1), subsection
 3107  (7), and paragraph (a) of subsection (13) of section 285.710,
 3108  Florida Statutes, are amended to read:
 3109         285.710 Compact authorization.—
 3110         (1) As used in this section, the term:
 3111         (f) “State compliance agency” means the Division of
 3112  Licensure Pari-mutuel Wagering of the Department of Gaming
 3113  Control Business and Professional Regulation which is designated
 3114  as the state agency having the authority to carry out the
 3115  state’s oversight responsibilities under the compact.
 3116         (7) The Division of Licensure Pari-mutuel Wagering of the
 3117  Department of Gaming Control Business and Professional
 3118  Regulation is designated as the state compliance agency having
 3119  the authority to carry out the state’s oversight
 3120  responsibilities under the compact authorized by this section.
 3121         (13) For the purpose of satisfying the requirement in 25
 3122  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
 3123  under an Indian gaming compact must be permitted in the state
 3124  for any purpose by any person, organization, or entity, the
 3125  following class III games or other games specified in this
 3126  section are hereby authorized to be conducted by the Tribe
 3127  pursuant to the compact:
 3128         (a) Slot machines, as defined in s. 551.102 551.102(8).
 3129         Section 46. Subsections (6) and (7) of section 550.002,
 3130  Florida Statutes, are amended to read:
 3131         550.002 Definitions.—As used in this chapter, the term:
 3132         (6) “Department” means the Department of Gaming Control
 3133  Business and Professional Regulation.
 3134         (7) “Division” means the Division of Licensure Pari-mutuel
 3135  Wagering within the Department of Gaming Control Business and
 3136  Professional Regulation.
 3137         Section 47. Section 550.0251, Florida Statutes, is amended
 3138  to read:
 3139         550.0251 The powers and duties of the division of Pari
 3140  mutuel Wagering of the Department of Business and Professional
 3141  Regulation.—The division shall administer this chapter and
 3142  regulate the pari-mutuel industry under this chapter and the
 3143  rules adopted pursuant thereto, and:
 3144         (1) The division shall make an annual report to the
 3145  Governor showing its own actions, receipts derived under the
 3146  provisions of this chapter, the practical effects of the
 3147  application of this chapter, and any suggestions it may approve
 3148  for the more effectual accomplishments of the purposes of this
 3149  chapter.
 3150         (2) The division shall require an oath on application
 3151  documents as required by rule, which oath must state that the
 3152  information contained in the document is true and complete.
 3153         (3) The division shall adopt reasonable rules for the
 3154  control, supervision, and direction of all applicants,
 3155  permittees, and licensees and for the holding, conducting, and
 3156  operating of all racetracks, race meets, and races held in this
 3157  state. Such rules must be uniform in their application and
 3158  effect, and the duty of exercising this control and power is
 3159  made mandatory upon the division.
 3160         (4) The division may take testimony concerning any matter
 3161  within its jurisdiction and issue summons and subpoenas for any
 3162  witness and subpoenas duces tecum in connection with any matter
 3163  within the jurisdiction of the division under its seal and
 3164  signed by the director.
 3165         (5) The division may adopt rules establishing procedures
 3166  for testing occupational licenseholders officiating at or
 3167  participating in any race or game at any pari-mutuel facility
 3168  under the jurisdiction of the division for a controlled
 3169  substance or alcohol and may prescribe procedural matters not in
 3170  conflict with s. 120.80(19) 120.80(4)(a).
 3171         (6) In addition to the power to exclude certain persons
 3172  from any pari-mutuel facility in this state, the division may
 3173  exclude any person from any and all pari-mutuel facilities in
 3174  this state for conduct that would constitute, if the person were
 3175  a licensee, a violation of this chapter or the rules of the
 3176  division. The division may exclude from any pari-mutuel facility
 3177  within this state any person who has been ejected from a pari
 3178  mutuel facility in this state or who has been excluded from any
 3179  pari-mutuel facility in another state by the governmental
 3180  department, agency, commission, or authority exercising
 3181  regulatory jurisdiction over pari-mutuel facilities in such
 3182  other state. The division may authorize any person who has been
 3183  ejected or excluded from pari-mutuel facilities in this state or
 3184  another state to attend the pari-mutuel facilities in this state
 3185  upon a finding that the attendance of such person at pari-mutuel
 3186  facilities would not be adverse to the public interest or to the
 3187  integrity of the sport or industry; however, this subsection
 3188  shall not be construed to abrogate the common-law right of a
 3189  pari-mutuel permitholder to exclude absolutely a patron in this
 3190  state.
 3191         (7) The division may oversee the making of, and
 3192  distribution from, all pari-mutuel pools.
 3193         (8) The department may collect taxes and require compliance
 3194  with reporting requirements for financial information as
 3195  authorized by this chapter. In addition, the secretary of the
 3196  department may require permitholders conducting pari-mutuel
 3197  operations within the state to remit taxes, including fees, by
 3198  electronic funds transfer if the taxes and fees amounted to
 3199  $50,000 or more in the prior reporting year.
 3200         (9) The division may conduct investigations in enforcing
 3201  this chapter, except that all information obtained pursuant to
 3202  an investigation by the division for an alleged violation of
 3203  this chapter or rules of the division is exempt from s.
 3204  119.07(1) and from s. 24(a), Art. I of the State Constitution
 3205  until an administrative complaint is issued or the investigation
 3206  is closed or ceases to be active. This subsection does not
 3207  prohibit the division from providing such information to any law
 3208  enforcement agency or to any other regulatory agency. For the
 3209  purposes of this subsection, an investigation is considered to
 3210  be active while it is being conducted with reasonable dispatch
 3211  and with a reasonable, good faith belief that it could lead to
 3212  an administrative, civil, or criminal action by the division or
 3213  another administrative or law enforcement agency. Except for
 3214  active criminal intelligence or criminal investigative
 3215  information, as defined in s. 119.011, and any other information
 3216  that, if disclosed, would jeopardize the safety of an
 3217  individual, all information, records, and transcriptions become
 3218  public when the investigation is closed or ceases to be active.
 3219         (10) The division may impose an administrative fine for a
 3220  violation under this chapter of not more than $1,000 for each
 3221  count or separate offense, except as otherwise provided in this
 3222  chapter, and may suspend or revoke a permit, a pari-mutuel
 3223  license, or an occupational license for a violation under this
 3224  chapter. All fines imposed and collected under this subsection
 3225  must be deposited with the Chief Financial Officer to the credit
 3226  of the General Revenue Fund.
 3227         (11) The division shall supervise and regulate the welfare
 3228  of racing animals at pari-mutuel facilities.
 3229         (12) The division shall have full authority and power to
 3230  make, adopt, amend, or repeal rules relating to cardroom
 3231  operations, to enforce and to carry out the provisions of s.
 3232  849.086, and to regulate the authorized cardroom activities in
 3233  the state.
 3234         (13) The division shall have the authority to suspend a
 3235  permitholder’s permit or license, if such permitholder is
 3236  operating a cardroom facility and such permitholder’s cardroom
 3237  license has been suspended or revoked pursuant to s. 849.086.
 3238         Section 48. Paragraph (f) of subsection (2) of section
 3239  550.09514, Florida Statutes, is amended to read:
 3240         550.09514 Greyhound dogracing taxes; purse requirements.—
 3241         (2)
 3242         (f) Each greyhound permitholder shall, during the
 3243  permitholder’s race meet, supply kennel operators and the
 3244  Division of Licensure Pari-Mutuel Wagering with a weekly report
 3245  showing purses paid on live greyhound races and all greyhound
 3246  intertrack and simulcast broadcasts, including both as a guest
 3247  and a host together with the handle or commission calculations
 3248  on which such purses were paid and the transmission costs of
 3249  sending the simulcast or intertrack broadcasts, so that the
 3250  kennel operators may determine statutory and contractual
 3251  compliance.
 3252         Section 49. Subsection (1) of section 550.135, Florida
 3253  Statutes, is amended to read:
 3254         550.135 Division of moneys derived under this law.—All
 3255  moneys that are deposited with the Chief Financial Officer to
 3256  the credit of the Pari-mutuel Wagering Trust Fund shall be
 3257  distributed as follows:
 3258         (1) The daily license fee revenues collected pursuant to s.
 3259  550.0951(1) shall be used to fund the operating cost of the
 3260  division and to provide a proportionate share of the operation
 3261  of the office of the secretary and the Division of
 3262  Administration of the department of Business and Professional
 3263  Regulation; however, other collections in the Pari-mutuel
 3264  Wagering Trust Fund may also be used to fund the operation of
 3265  the division in accordance with authorized appropriations.
 3266         Section 50. Subsection (4) of section 550.24055, Florida
 3267  Statutes, is amended to read:
 3268         550.24055 Use of controlled substances or alcohol
 3269  prohibited; testing of certain occupational licensees; penalty;
 3270  evidence of test or action taken and admissibility for criminal
 3271  prosecution limited.—
 3272         (4) The provisions of s. 120.80(19) 120.80(4)(a) apply to
 3273  all actions taken by the stewards, judges, or board of judges
 3274  pursuant to this section without regard to the limitation
 3275  contained therein.
 3276         Section 51. Subsection (15) of section 550.2415, Florida
 3277  Statutes, is amended to read:
 3278         550.2415 Racing of animals under certain conditions
 3279  prohibited; penalties; exceptions.—
 3280         (15) The division may implement by rule medication levels
 3281  recommended by the University of Florida College of Veterinary
 3282  Medicine developed pursuant to an agreement between the division
 3283  of Pari-mutuel Wagering and the University of Florida College of
 3284  Veterinary Medicine. The University of Florida College of
 3285  Veterinary Medicine may provide written notification to the
 3286  division that it has completed research or review on a
 3287  particular drug pursuant to the agreement and when the College
 3288  of Veterinary Medicine has completed a final report of its
 3289  findings, conclusions, and recommendations to the division.
 3290         Section 52. Paragraph (j) of subsection (3) of section
 3291  550.2625, Florida Statutes, is amended to read:
 3292         550.2625 Horseracing; minimum purse requirement, Florida
 3293  breeders’ and owners’ awards.—
 3294         (3) Each horseracing permitholder conducting any
 3295  thoroughbred race under this chapter, including any intertrack
 3296  race taken pursuant to ss. 550.615-550.6305 or any interstate
 3297  simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
 3298  to 0.955 percent on all pari-mutuel pools conducted during any
 3299  such race for the payment of breeders’, stallion, or special
 3300  racing awards as authorized in this chapter. This subsection
 3301  also applies to all Breeder’s Cup races conducted outside this
 3302  state taken pursuant to s. 550.3551(3). On any race originating
 3303  live in this state which is broadcast out-of-state to any
 3304  location at which wagers are accepted pursuant to s.
 3305  550.3551(2), the host track is required to pay 3.475 percent of
 3306  the gross revenue derived from such out-of-state broadcasts as
 3307  breeders’, stallion, or special racing awards. The Florida
 3308  Thoroughbred Breeders’ Association is authorized to receive
 3309  these payments from the permitholders and make payments of
 3310  awards earned. The Florida Thoroughbred Breeders’ Association
 3311  has the right to withhold up to 10 percent of the permitholder’s
 3312  payments under this section as a fee for administering the
 3313  payments of awards and for general promotion of the industry.
 3314  The permitholder shall remit these payments to the Florida
 3315  Thoroughbred Breeders’ Association by the 5th day of each
 3316  calendar month for such sums accruing during the preceding
 3317  calendar month and shall report such payments to the division as
 3318  prescribed by the division. With the exception of the 10-percent
 3319  fee, the moneys paid by the permitholders shall be maintained in
 3320  a separate, interest-bearing account, and such payments together
 3321  with any interest earned shall be used exclusively for the
 3322  payment of breeders’, stallion, or special racing awards in
 3323  accordance with the following provisions:
 3324         (j) If the division finds that the Florida Thoroughbred
 3325  Breeders’ Association has not complied with any provision of
 3326  this section, the division may order the association to cease
 3327  and desist from receiving funds and administering funds received
 3328  under this section. If the division enters such an order, the
 3329  permitholder shall make the payments authorized in this section
 3330  to the division for deposit into the Pari-mutuel Wagering Trust
 3331  Fund; and any funds in the Florida Thoroughbred Breeders’
 3332  Association account shall be immediately paid to the division of
 3333  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
 3334  Trust Fund. The division shall authorize payment from these
 3335  funds to any breeder or stallion owner entitled to an award that
 3336  has not been previously paid by the Florida Thoroughbred
 3337  Breeders’ Association in accordance with the applicable rate.
 3338         Section 53. Subsection (1) of section 550.2704, Florida
 3339  Statutes, is amended to read:
 3340         550.2704 Jai Alai Tournament of Champions Meet.—
 3341         (1) Notwithstanding any provision of this chapter, there is
 3342  hereby created a special jai alai meet which shall be designated
 3343  as the “Jai Alai Tournament of Champions Meet” and which shall
 3344  be hosted by the Florida jai alai permitholders selected by the
 3345  National Association of Jai Alai Frontons, Inc., to conduct such
 3346  meet. The meet shall consist of three qualifying performances
 3347  and a final performance, each of which is to be conducted on
 3348  different days. Upon the selection of the Florida permitholders
 3349  for the meet, and upon application by the selected
 3350  permitholders, the division of Pari-mutuel Wagering shall issue
 3351  a license to each of the selected permitholders to operate the
 3352  meet. The meet may be conducted during a season in which the
 3353  permitholders selected to conduct the meet are not otherwise
 3354  authorized to conduct a meet. Notwithstanding anything herein to
 3355  the contrary, any Florida permitholder who is to conduct a
 3356  performance which is a part of the Jai Alai Tournament of
 3357  Champions Meet shall not be required to apply for the license
 3358  for said meet if it is to be run during the regular season for
 3359  which such permitholder has a license.
 3360         Section 54. Subsection (3) of section 550.902, Florida
 3361  Statutes, is amended to read:
 3362         550.902 Purposes.—The purposes of this compact are to:
 3363         (3) Authorize the department of Business and Professional
 3364  Regulation to participate in this compact.
 3365         Section 55. Subsection (1) of section 550.907, Florida
 3366  Statutes, is amended to read:
 3367         550.907 Compact committee.—
 3368         (1) There is created an interstate governmental entity to
 3369  be known as the “compact committee,” which shall be composed of
 3370  one official from the racing commission, or the equivalent
 3371  thereof, in each party state who shall be appointed, serve, and
 3372  be subject to removal in accordance with the laws of the party
 3373  state that she or he represents. The official from Florida shall
 3374  be appointed by the State Gaming Commission Secretary of
 3375  Business and Professional Regulation. Pursuant to the laws of
 3376  her or his party state, each official shall have the assistance
 3377  of her or his state’s racing commission, or the equivalent
 3378  thereof, in considering issues related to licensing of
 3379  participants in pari-mutuel wagering and in fulfilling her or
 3380  his responsibilities as the representative from her or his state
 3381  to the compact committee.
 3382         Section 56. Section 551.101, Florida Statutes, is amended
 3383  to read:
 3384         551.101 Slot machine gaming authorized.—Any licensed pari
 3385  mutuel facility located in Miami-Dade County or Broward County
 3386  existing at the time of adoption of s. 23, Art. X of the State
 3387  Constitution that has conducted live racing or games during
 3388  calendar years 2002 and 2003 may possess slot machines and
 3389  conduct slot machine gaming at the location where the pari
 3390  mutuel permitholder is authorized to conduct pari-mutuel
 3391  wagering activities pursuant to such permitholder’s valid pari
 3392  mutuel permit provided that a majority of voters in a countywide
 3393  referendum have approved slot machines at such facility in the
 3394  respective county. Notwithstanding any other provision of law,
 3395  it is not a crime for a person to participate in slot machine
 3396  gaming at a pari-mutuel facility licensed to possess slot
 3397  machines and conduct slot machine gaming or to participate in
 3398  slot machine gaming described in this part chapter.
 3399         Section 57. Section 551.102, Florida Statutes, is amended
 3400  to read:
 3401         551.102 Definitions.—As used in this part chapter, the
 3402  term:
 3403         (1) “Distributor” means any person who sells, leases, or
 3404  offers or otherwise provides, distributes, or services any slot
 3405  machine or associated equipment for use or play of slot machines
 3406  in this state. A manufacturer may be a distributor within the
 3407  state.
 3408         (2) “Designated slot machine gaming area” means the area or
 3409  areas of a facility of a slot machine licensee in which slot
 3410  machine gaming may be conducted in accordance with the
 3411  provisions of this part chapter.
 3412         (3) “Division” means the Division of Pari-mutuel Wagering
 3413  of the Department of Business and Professional Regulation.
 3414         (3)(4) “Eligible facility” means any licensed pari-mutuel
 3415  facility located in Miami-Dade County or Broward County existing
 3416  at the time of adoption of s. 23, Art. X of the State
 3417  Constitution that has conducted live racing or games during
 3418  calendar years 2002 and 2003 and has been approved by a majority
 3419  of voters in a countywide referendum to have slot machines at
 3420  such facility in the respective county; any licensed pari-mutuel
 3421  facility located within a county as defined in s. 125.011,
 3422  provided such facility has conducted live racing or games for 2
 3423  consecutive calendar years immediately preceding its application
 3424  for a slot machine license, pays the required license fee, and
 3425  meets the other requirements of this part chapter; or any
 3426  licensed pari-mutuel facility in any other county in which a
 3427  majority of voters have approved slot machines at such
 3428  facilities in a countywide referendum held pursuant to a
 3429  statutory or constitutional authorization after the effective
 3430  date of this section in the respective county, provided such
 3431  facility has conducted a full schedule of live racing for 2
 3432  consecutive calendar years immediately preceding its application
 3433  for a slot machine license, pays the required licensed fee, and
 3434  meets the other requirements of this part chapter.
 3435         (4)(5) “Manufacturer” means any person who manufactures,
 3436  builds, rebuilds, fabricates, assembles, produces, programs,
 3437  designs, or otherwise makes modifications to any slot machine or
 3438  associated equipment for use or play of slot machines in this
 3439  state for gaming purposes. A manufacturer may be a distributor
 3440  within the state.
 3441         (5)(6) “Nonredeemable credits” means slot machine operating
 3442  credits that cannot be redeemed for cash or any other thing of
 3443  value by a slot machine, kiosk, or the slot machine licensee and
 3444  that are provided free of charge to patrons. Such credits do not
 3445  constitute “nonredeemable credits” until such time as they are
 3446  metered as credit into a slot machine and recorded in the
 3447  facility-based monitoring system.
 3448         (6)(7) “Progressive system” means a computerized system
 3449  linking slot machines in one or more licensed facilities within
 3450  this state or other jurisdictions and offering one or more
 3451  common progressive payouts based on the amounts wagered.
 3452         (7)(8) “Slot machine” means any mechanical or electrical
 3453  contrivance, terminal that may or may not be capable of
 3454  downloading slot games from a central server system, machine, or
 3455  other device that, upon insertion of a coin, bill, ticket,
 3456  token, or similar object or upon payment of any consideration
 3457  whatsoever, including the use of any electronic payment system
 3458  except a credit card or debit card, is available to play or
 3459  operate, the play or operation of which, whether by reason of
 3460  skill or application of the element of chance or both, may
 3461  deliver or entitle the person or persons playing or operating
 3462  the contrivance, terminal, machine, or other device to receive
 3463  cash, billets, tickets, tokens, or electronic credits to be
 3464  exchanged for cash or to receive merchandise or anything of
 3465  value whatsoever, whether the payoff is made automatically from
 3466  the machine or manually. The term includes associated equipment
 3467  necessary to conduct the operation of the contrivance, terminal,
 3468  machine, or other device. Slot machines may use spinning reels,
 3469  video displays, or both. A slot machine is not a “coin-operated
 3470  amusement machine” as defined in s. 212.02(24) or an amusement
 3471  game or machine as described in s. 849.161, and slot machines
 3472  are not subject to the tax imposed by s. 212.05(1)(h).
 3473         (8)(9) “Slot machine facility” means a facility at which
 3474  slot machines as defined in this part chapter are lawfully
 3475  offered for play.
 3476         (9)(10) “Slot machine license” means a license issued by
 3477  the division authorizing a pari-mutuel permitholder to place and
 3478  operate slot machines as provided by s. 23, Art. X of the State
 3479  Constitution, the provisions of this part chapter, and division
 3480  rules.
 3481         (10)(11) “Slot machine licensee” means a pari-mutuel
 3482  permitholder who holds a license issued by the division pursuant
 3483  to this part chapter that authorizes such person to possess a
 3484  slot machine within facilities specified in s. 23, Art. X of the
 3485  State Constitution and allows slot machine gaming.
 3486         (11)(12) “Slot machine operator” means a person employed or
 3487  contracted by the owner of a licensed facility to conduct slot
 3488  machine gaming at that licensed facility.
 3489         (12)(13) “Slot machine revenues” means the total of all
 3490  cash and property, except nonredeemable credits, received by the
 3491  slot machine licensee from the operation of slot machines less
 3492  the amount of cash, cash equivalents, credits, and prizes paid
 3493  to winners of slot machine gaming.
 3494         Section 58. Subsections (1), (2), and (3) and paragraph (b)
 3495  of subsection (4) of section 551.103, Florida Statutes, are
 3496  amended to read:
 3497         551.103 Powers and duties of the division and law
 3498  enforcement.—
 3499         (1) The division shall adopt, pursuant to the provisions of
 3500  ss. 120.536(1) and 120.54, all rules necessary to implement,
 3501  administer, and regulate slot machine gaming as authorized in
 3502  this part chapter. Such rules must include:
 3503         (a) Procedures for applying for a slot machine license and
 3504  renewal of a slot machine license.
 3505         (b) Technical requirements and the qualifications contained
 3506  in this part chapter that are necessary to receive a slot
 3507  machine license or slot machine occupational license.
 3508         (c) Procedures to scientifically test and technically
 3509  evaluate slot machines for compliance with this part chapter.
 3510  The division may contract with an independent testing laboratory
 3511  to conduct any necessary testing under this section. The
 3512  independent testing laboratory must have a national reputation
 3513  which is demonstrably competent and qualified to scientifically
 3514  test and evaluate slot machines for compliance with this part
 3515  chapter and to otherwise perform the functions assigned to it in
 3516  this part chapter. An independent testing laboratory shall not
 3517  be owned or controlled by a licensee. The use of an independent
 3518  testing laboratory for any purpose related to the conduct of
 3519  slot machine gaming by a licensee under this part chapter shall
 3520  be made from a list of one or more laboratories approved by the
 3521  division.
 3522         (d) Procedures relating to slot machine revenues, including
 3523  verifying and accounting for such revenues, auditing, and
 3524  collecting taxes and fees consistent with this part chapter.
 3525         (e) Procedures for regulating, managing, and auditing the
 3526  operation, financial data, and program information relating to
 3527  slot machine gaming that allow the division and the Department
 3528  of Law Enforcement to audit the operation, financial data, and
 3529  program information of a slot machine licensee, as required by
 3530  the division or the Department of Law Enforcement, and provide
 3531  the division and the Department of Law Enforcement with the
 3532  ability to monitor, at any time on a real-time basis, wagering
 3533  patterns, payouts, tax collection, and compliance with any rules
 3534  adopted by the division for the regulation and control of slot
 3535  machines operated under this part chapter. Such continuous and
 3536  complete access, at any time on a real-time basis, shall include
 3537  the ability of either the division or the Department of Law
 3538  Enforcement to suspend play immediately on particular slot
 3539  machines if monitoring of the facilities-based computer system
 3540  indicates possible tampering or manipulation of those slot
 3541  machines or the ability to suspend play immediately of the
 3542  entire operation if the tampering or manipulation is of the
 3543  computer system itself. The division shall notify the Department
 3544  of Law Enforcement or the Department of Law Enforcement shall
 3545  notify the division, as appropriate, whenever there is a
 3546  suspension of play under this paragraph. The division and the
 3547  Department of Law Enforcement shall exchange such information
 3548  necessary for and cooperate in the investigation of the
 3549  circumstances requiring suspension of play under this paragraph.
 3550         (f) Procedures for requiring each licensee at his or her
 3551  own cost and expense to supply the division with a bond having
 3552  the penal sum of $2 million payable to the Governor and his or
 3553  her successors in office for each year of the licensee’s slot
 3554  machine operations. Any bond shall be issued by a surety or
 3555  sureties approved by the division and the Chief Financial
 3556  Officer, conditioned to faithfully make the payments to the
 3557  Chief Financial Officer in his or her capacity as treasurer of
 3558  the division. The licensee shall be required to keep its books
 3559  and records and make reports as provided in this part chapter
 3560  and to conduct its slot machine operations in conformity with
 3561  this part chapter and all other provisions of law. Such bond
 3562  shall be separate and distinct from the bond required in s.
 3563  550.125.
 3564         (g) Procedures for requiring licensees to maintain
 3565  specified records and submit any data, information, record, or
 3566  report, including financial and income records, required by this
 3567  part chapter or determined by the division to be necessary to
 3568  the proper implementation and enforcement of this part chapter.
 3569         (h) A requirement that the payout percentage of a slot
 3570  machine be no less than 85 percent.
 3571         (i) Minimum standards for security of the facilities,
 3572  including floor plans, security cameras, and other security
 3573  equipment.
 3574         (j) Procedures for requiring slot machine licensees to
 3575  implement and establish drug-testing programs for all slot
 3576  machine occupational licensees.
 3577         (2) The division shall conduct such investigations
 3578  necessary to fulfill its responsibilities under the provisions
 3579  of this part chapter.
 3580         (3) The Department of Law Enforcement and local law
 3581  enforcement agencies shall have concurrent jurisdiction to
 3582  investigate criminal violations of this part chapter and may
 3583  investigate any other criminal violation of law occurring at the
 3584  facilities of a slot machine licensee, and such investigations
 3585  may be conducted in conjunction with the appropriate state
 3586  attorney.
 3587         (4)
 3588         (b) In addition, the division may:
 3589         1. Collect taxes, assessments, fees, and penalties.
 3590         2. Deny, revoke, suspend, or place conditions on the
 3591  license of a person who violates any provision of this part
 3592  chapter or rule adopted pursuant thereto.
 3593         Section 59. Subsection (1), paragraph (a) of subsection
 3594  (4), subsections (6) and (8), and paragraph (d) of subsection
 3595  (10) of section 551.104, Florida Statutes, are amended to read:
 3596         551.104 License to conduct slot machine gaming.—
 3597         (1) Upon application and a finding by the division after
 3598  investigation that the application is complete and the applicant
 3599  is qualified and payment of the initial license fee, the
 3600  division may issue a license to conduct slot machine gaming in
 3601  the designated slot machine gaming area of the eligible
 3602  facility. Once licensed, slot machine gaming may be conducted
 3603  subject to the requirements of this part chapter and rules
 3604  adopted pursuant thereto.
 3605         (4) As a condition of licensure and to maintain continued
 3606  authority for the conduct of slot machine gaming, the slot
 3607  machine licensee shall:
 3608         (a) Continue to be in compliance with this part chapter.
 3609         (6) A slot machine licensee shall keep and maintain
 3610  permanent daily records of its slot machine operation and shall
 3611  maintain such records for a period of not less than 5 years.
 3612  These records must include all financial transactions and
 3613  contain sufficient detail to determine compliance with the
 3614  requirements of this part chapter. All records shall be
 3615  available for audit and inspection by the division, the
 3616  Department of Law Enforcement, or other law enforcement agencies
 3617  during the licensee’s regular business hours.
 3618         (8) A slot machine licensee shall file with the division an
 3619  audit of the receipt and distribution of all slot machine
 3620  revenues provided by an independent certified public accountant
 3621  verifying compliance with all financial and auditing provisions
 3622  of this part chapter and the associated rules adopted under this
 3623  part chapter. The audit must include verification of compliance
 3624  with all statutes and rules regarding all required records of
 3625  slot machine operations. Such audit shall be filed within 60
 3626  days after the completion of the permitholder’s pari-mutuel
 3627  meet.
 3628         (10)
 3629         (d) If any provision of this subsection or its application
 3630  to any person or circumstance is held invalid, the invalidity
 3631  does not affect other provisions or applications of this
 3632  subsection or part chapter which can be given effect without the
 3633  invalid provision or application, and to this end the provisions
 3634  of this subsection are severable.
 3635         Section 60. Paragraph (a) of subsection (1) and subsection
 3636  (4) of section 551.106, Florida Statutes, are amended to read:
 3637         551.106 License fee; tax rate; penalties.—
 3638         (1) LICENSE FEE.—
 3639         (a) Upon submission of the initial application for a slot
 3640  machine license and annually thereafter, on the anniversary date
 3641  of the issuance of the initial license, the licensee must pay to
 3642  the division a nonrefundable license fee of $3 million for the
 3643  succeeding 12 months of licensure. In the 2010-2011 fiscal year,
 3644  the licensee must pay the division a nonrefundable license fee
 3645  of $2.5 million for the succeeding 12 months of licensure. In
 3646  the 2011-2012 fiscal year and for every fiscal year thereafter,
 3647  the licensee must pay the division a nonrefundable license fee
 3648  of $2 million for the succeeding 12 months of licensure. The
 3649  license fee shall be deposited into the Pari-mutuel Wagering
 3650  Trust Fund of the Department of Business and Professional
 3651  Regulation to be used by the division and the Department of Law
 3652  Enforcement for investigations, regulation of slot machine
 3653  gaming, and enforcement of slot machine gaming provisions under
 3654  this part chapter. These payments shall be accounted for
 3655  separately from taxes or fees paid pursuant to the provisions of
 3656  chapter 550.
 3657         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 3658  fails to make tax payments as required under this section is
 3659  subject to an administrative penalty of up to $10,000 for each
 3660  day the tax payment is not remitted. All administrative
 3661  penalties imposed and collected shall be deposited into the
 3662  Pari-mutuel Wagering Trust Fund of the Department of Business
 3663  and Professional Regulation. If any slot machine licensee fails
 3664  to pay penalties imposed by order of the division under this
 3665  subsection, the division may suspend, revoke, or refuse to renew
 3666  the license of the slot machine licensee.
 3667         Section 61. Subsection (1), paragraph (d) of subsection
 3668  (4), paragraph (a) of subsection (6), and subsection (11) of
 3669  section 551.107, Florida Statutes, are amended to read:
 3670         551.107 Slot machine occupational license; findings;
 3671  application; fee.—
 3672         (1) The Legislature finds that individuals and entities
 3673  that are licensed under this section require heightened state
 3674  scrutiny, including the submission by the individual licensees
 3675  or persons associated with the entities described in this part
 3676  chapter of fingerprints for a criminal history record check.
 3677         (4)
 3678         (d) The slot machine occupational license fee for initial
 3679  application and annual renewal shall be determined by rule of
 3680  the division but may not exceed $50 for a general or
 3681  professional occupational license for an employee of the slot
 3682  machine licensee or $1,000 for a business occupational license
 3683  for nonemployees of the licensee providing goods or services to
 3684  the slot machine licensee. License fees for general occupational
 3685  licensees shall be paid by the slot machine licensee. Failure to
 3686  pay the required fee constitutes grounds for disciplinary action
 3687  by the division against the slot machine licensee, but it is not
 3688  a violation of this part chapter or rules of the division by the
 3689  general occupational licensee and does not prohibit the initial
 3690  issuance or the renewal of the general occupational license.
 3691         (6)(a) The division may deny, suspend, revoke, or refuse to
 3692  renew any slot machine occupational license if the applicant for
 3693  such license or the licensee has violated the provisions of this
 3694  part chapter or the rules of the division governing the conduct
 3695  of persons connected with slot machine gaming. In addition, the
 3696  division may deny, suspend, revoke, or refuse to renew any slot
 3697  machine occupational license if the applicant for such license
 3698  or the licensee has been convicted in this state, in any other
 3699  state, or under the laws of the United States of a capital
 3700  felony, a felony, or an offense in any other state that would be
 3701  a felony under the laws of this state involving arson;
 3702  trafficking in, conspiracy to traffic in, smuggling, importing,
 3703  conspiracy to smuggle or import, or delivery, sale, or
 3704  distribution of a controlled substance; racketeering; or a crime
 3705  involving a lack of good moral character, or has had a gaming
 3706  license revoked by this state or any other jurisdiction for any
 3707  gaming-related offense.
 3708         (11) The division may impose a civil fine of up to $5,000
 3709  for each violation of this part chapter or the rules of the
 3710  division in addition to or in lieu of any other penalty provided
 3711  for in this section. The division may adopt a penalty schedule
 3712  for violations of this part chapter or any rule adopted pursuant
 3713  to this part chapter for which it would impose a fine in lieu of
 3714  a suspension and adopt rules allowing for the issuance of
 3715  citations, including procedures to address such citations, to
 3716  persons who violate such rules. In addition to any other penalty
 3717  provided by law, the division may exclude from all licensed slot
 3718  machine facilities in this state, for a period not to exceed the
 3719  period of suspension, revocation, or ineligibility, any person
 3720  whose occupational license application has been declared
 3721  ineligible to hold an occupational license or whose occupational
 3722  license has been suspended or revoked by the division.
 3723         Section 62. Subsection (2) of section 551.108, Florida
 3724  Statutes, is amended to read:
 3725         551.108 Prohibited relationships.—
 3726         (2) A manufacturer or distributor of slot machines may not
 3727  enter into any contract with a slot machine licensee that
 3728  provides for any revenue sharing of any kind or nature that is
 3729  directly or indirectly calculated on the basis of a percentage
 3730  of slot machine revenues. Any maneuver, shift, or device whereby
 3731  this subsection is violated is a violation of this part chapter
 3732  and renders any such agreement void.
 3733         Section 63. Subsections (1), (2), and (7) of section
 3734  551.109, Florida Statutes, are amended to read:
 3735         551.109 Prohibited acts; penalties.—
 3736         (1) Except as otherwise provided by law and in addition to
 3737  any other penalty, any person who knowingly makes or causes to
 3738  be made, or aids, assists, or procures another to make, a false
 3739  statement in any report, disclosure, application, or any other
 3740  document required under this part chapter or any rule adopted
 3741  under this part chapter is subject to an administrative fine or
 3742  civil penalty of up to $10,000.
 3743         (2) Except as otherwise provided by law and in addition to
 3744  any other penalty, any person who possesses a slot machine
 3745  without the license required by this part chapter or who
 3746  possesses a slot machine at any location other than at the slot
 3747  machine licensee’s facility is subject to an administrative fine
 3748  or civil penalty of up to $10,000 per machine. The prohibition
 3749  in this subsection does not apply to:
 3750         (a) Slot machine manufacturers or slot machine distributors
 3751  that hold appropriate licenses issued by the division who are
 3752  authorized to maintain a slot machine storage and maintenance
 3753  facility at any location in a county in which slot machine
 3754  gaming is authorized by this part chapter. The division may
 3755  adopt rules regarding security and access to the storage
 3756  facility and inspections by the division.
 3757         (b) Certified educational facilities that are authorized to
 3758  maintain slot machines for the sole purpose of education and
 3759  licensure, if any, of slot machine technicians, inspectors, or
 3760  investigators. The division and the Department of Law
 3761  Enforcement may possess slot machines for training and testing
 3762  purposes. The division may adopt rules regarding the regulation
 3763  of any such slot machines used for educational, training, or
 3764  testing purposes.
 3765         (7) All penalties imposed and collected under this section
 3766  must be deposited into the Pari-mutuel Wagering Trust Fund of
 3767  the Department of Business and Professional Regulation.
 3768         Section 64. Section 551.111, Florida Statutes, is amended
 3769  to read:
 3770         551.111 Legal devices.—Notwithstanding any provision of law
 3771  to the contrary, a slot machine manufactured, sold, distributed,
 3772  possessed, or operated according to the provisions of this part
 3773  chapter is not unlawful.
 3774         Section 65. Section 551.112, Florida Statutes, is amended
 3775  to read:
 3776         551.112 Exclusions of certain persons.—In addition to the
 3777  power to exclude certain persons from any facility of a slot
 3778  machine licensee in this state, the division may exclude any
 3779  person from any facility of a slot machine licensee in this
 3780  state for conduct that would constitute, if the person were a
 3781  licensee, a violation of this part chapter or the rules of the
 3782  division. The division may exclude from any facility of a slot
 3783  machine licensee any person who has been ejected from a facility
 3784  of a slot machine licensee in this state or who has been
 3785  excluded from any facility of a slot machine licensee or gaming
 3786  facility in another state by the governmental department,
 3787  agency, commission, or authority exercising regulatory
 3788  jurisdiction over the gaming in such other state. This section
 3789  does not abrogate the common law right of a slot machine
 3790  licensee to exclude a patron absolutely in this state.
 3791         Section 66. Section 551.117, Florida Statutes, is amended
 3792  to read:
 3793         551.117 Penalties.—The division may revoke or suspend any
 3794  slot machine license issued under this part chapter upon the
 3795  willful violation by the slot machine licensee of any provision
 3796  of this part chapter or of any rule adopted under this part
 3797  chapter. In lieu of suspending or revoking a slot machine
 3798  license, the division may impose a civil penalty against the
 3799  slot machine licensee for a violation of this part chapter or
 3800  any rule adopted by the division. Except as otherwise provided
 3801  in this part chapter, the penalty so imposed may not exceed
 3802  $100,000 for each count or separate offense. All penalties
 3803  imposed and collected must be deposited into the Pari-mutuel
 3804  Wagering Trust Fund of the Department of Business and
 3805  Professional Regulation.
 3806         Section 67. Section 551.119, Florida Statutes, is amended
 3807  to read:
 3808         551.119 Caterer’s license.—A slot machine licensee is
 3809  entitled to a caterer’s license pursuant to s. 565.02 on days on
 3810  which the pari-mutuel facility is open to the public for slot
 3811  machine game play as authorized by this part chapter.
 3812         Section 68. Section 551.122, Florida Statutes, is amended
 3813  to read:
 3814         551.122 Rulemaking.—The division may adopt rules pursuant
 3815  to ss. 120.536(1) and 120.54 to administer the provisions of
 3816  this part chapter.
 3817         Section 69. Section 551.123, Florida Statutes, is amended
 3818  to read:
 3819         551.123 Legislative authority; administration of part
 3820  chapter.—The Legislature finds and declares that it has
 3821  exclusive authority over the conduct of all wagering occurring
 3822  at a slot machine facility in this state. As provided by law,
 3823  only the division of Pari-mutuel Wagering and other authorized
 3824  state agencies shall administer this part chapter and regulate
 3825  the slot machine gaming industry, including operation of slot
 3826  machine facilities, games, slot machines, and facilities-based
 3827  computer systems authorized in this part chapter and the rules
 3828  adopted by the division.
 3829         Section 70. Subsection (5) of section 565.02, Florida
 3830  Statutes, is amended to read:
 3831         565.02 License fees; vendors; clubs; caterers; and others.—
 3832         (5) A caterer at a horse or dog racetrack or jai alai
 3833  fronton may obtain a license upon the payment of an annual state
 3834  license tax of $675. Such caterer’s license shall permit sales
 3835  only within the enclosure in which such races or jai alai games
 3836  are conducted, and such licensee shall be permitted to sell only
 3837  during the period beginning 10 days before and ending 10 days
 3838  after racing or jai alai under the authority of the Division of
 3839  Licensure Pari-mutuel Wagering of the Department of Gaming
 3840  Control Business and Professional Regulation is conducted at
 3841  such racetrack or jai alai fronton. Except as in this subsection
 3842  otherwise provided, caterers licensed hereunder shall be treated
 3843  as vendors licensed to sell by the drink the beverages mentioned
 3844  herein and shall be subject to all the provisions hereof
 3845  relating to such vendors.
 3846         Section 71. Section 817.37, Florida Statutes, is amended to
 3847  read:
 3848         817.37 Touting; defining; providing punishment; ejection
 3849  from racetracks.—
 3850         (1) Any person who knowingly and designedly by false
 3851  representation attempts to, or does persuade, procure or cause
 3852  another person to wager on a horse in a race to be run in this
 3853  state or elsewhere, and upon which money is wagered in this
 3854  state, and who asks or demands compensation as a reward for
 3855  information or purported information given in such case is a
 3856  tout, and is guilty of touting.
 3857         (2) Any person who is a tout, or who attempts or conspires
 3858  to commit touting, shall be guilty of a misdemeanor of the
 3859  second degree, punishable as provided in s. 775.082 or s.
 3860  775.083.
 3861         (3) Any person who in the commission of touting falsely
 3862  uses the name of any official of the Florida Division of
 3863  Licensure of the Department of Gaming Control Pari-mutuel
 3864  Wagering, its inspectors or attaches, or of any official of any
 3865  racetrack association, or the names of any owner, trainer,
 3866  jockey, or other person licensed by the Florida Division of
 3867  Licensure of the Department of Gaming Control Pari-mutuel
 3868  Wagering, as the source of any information or purported
 3869  information shall be guilty of a felony of the third degree,
 3870  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3871         (4) Any person who has been convicted of touting by any
 3872  court, and the record of whose conviction on such charge is on
 3873  file in the office of the Florida Division of Licensure of the
 3874  Department of Gaming Control Pari-mutuel Wagering, any court of
 3875  this state, or of the Federal Bureau of Investigation, or any
 3876  person who has been ejected from any racetrack of this or any
 3877  other state for touting or practices inimical to the public
 3878  interest shall be excluded from all racetracks in this state and
 3879  if such person returns to a racetrack he or she shall be guilty
 3880  of a misdemeanor of the second degree, punishable as provided in
 3881  s. 775.082 or s. 775.083. Any such person who refuses to leave
 3882  such track when ordered to do so by inspectors of the Florida
 3883  Division of Licensure of the Department of Gaming Control Pari
 3884  mutuel Wagering or by any peace officer, or by an accredited
 3885  attaché attache of a racetrack or association shall be guilty of
 3886  a separate offense which shall be a misdemeanor of the second
 3887  degree, punishable as provided in s. 775.083.
 3888         Section 72. Paragraph (g) of subsection (2) and subsections
 3889  (4) and (16) of section 849.086, Florida Statutes, are amended
 3890  to read:
 3891         849.086 Cardrooms authorized.—
 3892         (2) DEFINITIONS.—As used in this section:
 3893         (g) “Division” means the Division of Licensure Pari-mutuel
 3894  Wagering of the Department of Gaming Control Business and
 3895  Professional Regulation.
 3896         (4) AUTHORITY OF DIVISION.—The division of Pari-mutuel
 3897  Wagering of the Department of Business and Professional
 3898  Regulation shall administer this section and regulate the
 3899  operation of cardrooms under this section and the rules adopted
 3900  pursuant thereto, and is hereby authorized to:
 3901         (a) Adopt rules, including, but not limited to: the
 3902  issuance of cardroom and employee licenses for cardroom
 3903  operations; the operation of a cardroom; recordkeeping and
 3904  reporting requirements; and the collection of all fees and taxes
 3905  imposed by this section.
 3906         (b) Conduct investigations and monitor the operation of
 3907  cardrooms and the playing of authorized games therein.
 3908         (c) Review the books, accounts, and records of any current
 3909  or former cardroom operator.
 3910         (d) Suspend or revoke any license or permit, after hearing,
 3911  for any violation of the provisions of this section or the
 3912  administrative rules adopted pursuant thereto.
 3913         (e) Take testimony, issue summons and subpoenas for any
 3914  witness, and issue subpoenas duces tecum in connection with any
 3915  matter within its jurisdiction.
 3916         (f) Monitor and ensure the proper collection of taxes and
 3917  fees imposed by this section. Permitholder internal controls are
 3918  mandated to ensure no compromise of state funds. To that end, a
 3919  roaming division auditor will monitor and verify the cash flow
 3920  and accounting of cardroom revenue for any given operating day.
 3921         (16) LOCAL GOVERNMENT APPROVAL.—The division may of Pari
 3922  mutuel Wagering shall not issue any initial license under this
 3923  section except upon proof in such form as the division may
 3924  prescribe that the local government where the applicant for such
 3925  license desires to conduct cardroom gaming has voted to approve
 3926  such activity by a majority vote of the governing body of the
 3927  municipality or the governing body of the county if the facility
 3928  is not located in a municipality.
 3929         Section 73. Subsection (10) of section 849.094, Florida
 3930  Statutes, is amended to read:
 3931         849.094 Game promotion in connection with sale of consumer
 3932  products or services.—
 3933         (10) This section does not apply to actions or transactions
 3934  regulated by the Department of Gaming Control Business and
 3935  Professional Regulation or to the activities of nonprofit
 3936  organizations or to any other organization engaged in any
 3937  enterprise other than the sale of consumer products or services.
 3938  Subsections (3), (4), (5), (6), and (7) and paragraph (8)(a) and
 3939  any of the rules made pursuant thereto do not apply to
 3940  television or radio broadcasting companies licensed by the
 3941  Federal Communications Commission.
 3942         Section 74. If any provision of this act or its application
 3943  to any person or circumstance is held invalid, the invalidity
 3944  does not affect other provisions or applications of this act
 3945  which can be given effect without the invalid provision or
 3946  application, and to this end the provisions of this act are
 3947  severable.
 3948         Section 75. Except as otherwise expressly provided in this
 3949  act, this act shall take effect July 1, 2012.