Florida Senate - 2017                                     SB 592
       
       
        
       By Senator Young
       
       18-00385E-17                                           2017592__
    1                        A bill to be entitled                      
    2         An act relating to fantasy contests; creating s.
    3         546.11, F.S.; providing a short title; creating s.
    4         546.12, F.S.; providing legislative findings and
    5         intent; creating s. 546.13, F.S.; defining terms;
    6         creating s. 546.14, F.S.; creating the Office of
    7         Amusements within the Department of Business and
    8         Professional Regulation; requiring that the office be
    9         under the supervision of a senior manager who is
   10         exempt from the Career Service System and is appointed
   11         by the secretary of the department; providing duties
   12         of the office; providing for rulemaking; creating s.
   13         546.15, F.S.; providing licensing requirements for
   14         contest operators offering fantasy contests; providing
   15         licensing application and renewal fees; requiring the
   16         office to grant or deny a license within a specified
   17         timeframe; providing that a completed application is
   18         deemed approved 120 days after receipt by the office
   19         under certain circumstances; exempting applications
   20         for a contest operator’s license from certain
   21         licensure timeframe requirements; providing
   22         requirements for the license application; providing
   23         that specified persons or entities are not eligible
   24         for licensure under certain circumstances; defining
   25         the term “convicted”; authorizing the office to
   26         suspend, revoke, or deny a license under certain
   27         circumstances; creating s. 546.16, F.S.; requiring a
   28         contest operator to implement specified consumer
   29         protection procedures under certain circumstances;
   30         requiring a contest operator to annually contract with
   31         a third party to perform an independent audit under
   32         certain circumstances; requiring a contest operator to
   33         submit the audit results to the office; creating s.
   34         546.17, F.S.; requiring contest operators to keep and
   35         maintain certain records for a specified period;
   36         requiring such records to be available for audit and
   37         inspection; providing for rulemaking; creating s.
   38         546.18, F.S.; providing a civil penalty; creating s.
   39         546.19, F.S.; exempting fantasy contests from certain
   40         provisions in ch. 849, F.S.; providing applicability
   41         of specified penalty provisions; providing a directive
   42         to the Division of Law Revision and Information;
   43         providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 546.11, Florida Statutes, is created to
   48  read:
   49         546.11 Short title.—Sections 546.11-546.19 may be cited as
   50  the “Fantasy Contest Amusement Act.”
   51         Section 2. Section 546.12, Florida Statutes, is created to
   52  read:
   53         546.12 Legislative intent.—It is the intent of the
   54  Legislature to ensure public confidence in the integrity of
   55  fantasy contests and fantasy contest operators. This act is
   56  designed to strictly regulate the operators of fantasy contests
   57  and individuals who participate in such contests and to adopt
   58  consumer protections related to fantasy contests. Furthermore,
   59  the Legislature finds that fantasy contests, as that term is
   60  defined in s. 546.13, involve the skill of contest participants
   61  and do not constitute gambling, gaming, or games of chance.
   62         Section 3. Section 546.13, Florida Statutes, is created to
   63  read:
   64         546.13 Definitions.—As used in ss. 546.11-546.19, the term:
   65         (1) “Confidential information” means information related to
   66  the playing of fantasy contests by contest participants which is
   67  obtained solely as a result of a person’s employment with, or
   68  work as an agent of, a contest operator.
   69         (2) “Contest operator” means a person or entity that offers
   70  fantasy contests for a cash prize to members of the public.
   71         (3) “Contest participant” means a person who pays an entry
   72  fee for the ability to participate in a fantasy contest offered
   73  by a contest operator.
   74         (4) “Entry fee” means the cash or cash equivalent amount
   75  that is required to be paid by a person to a contest operator to
   76  participate in a fantasy contest.
   77         (5) “Fantasy contest” means a fantasy or simulation sports
   78  game or contest offered by a contest operator or a noncommercial
   79  contest operator in which a contest participant manages a
   80  fantasy or simulation sports team composed of athletes from a
   81  professional sports organization and which meets the following
   82  conditions:
   83         (a) All prizes and awards offered to winning contest
   84  participants are established and made known to the contest
   85  participants in advance of the game or contest and their value
   86  is not determined by the number of contest participants or the
   87  amount of any fees paid by those contest participants.
   88         (b) All winning outcomes reflect the relative knowledge and
   89  skill of the contest participants and are determined
   90  predominantly by accumulated statistical results of the
   91  performance of the athletes participating in multiple real-world
   92  sporting or other events. However, a winning outcome may not be
   93  based:
   94         1. On the score, point spread, or any performance or
   95  performances of a single real-world team or any combination of
   96  such teams;
   97         2. Solely on any single performance of an individual
   98  athlete in a single real-world sporting or other event;
   99         3. On a live pari-mutuel event, as the term “pari-mutuel”
  100  is defined in s. 550.002; or
  101         4. On the performance of athletes participating in an
  102  amateur sporting event.
  103         (6) “Noncommercial contest operator” means a person who
  104  organizes and conducts a fantasy contest in which contest
  105  participants are charged entry fees for the right to
  106  participate; entry fees are collected, maintained, and
  107  distributed by the same person; and all entry fees are returned
  108  to the contest participants in the form of prizes.
  109         (7) “Office” means the Office of Amusements created in s.
  110  546.14.
  111         Section 4. Section 546.14, Florida Statutes is created to
  112  read:
  113         546.14 Office of Amusements.—
  114         (1) The Office of Amusements is created within the
  115  Department of Business and Professional Regulation. The office
  116  shall operate under the supervision of a senior manager exempt
  117  under s. 110.205 in the Senior Management Service appointed by
  118  the Secretary of Business and Professional Regulation.
  119         (2) The duties of the office include, but are not limited
  120  to, administering and enforcing this act and any rules adopted
  121  pursuant to this act and any other duties authorized by the
  122  secretary. The office may work with department personnel as
  123  needed to assist in fulfilling its duties.
  124         (3) The office may:
  125         (a) Conduct investigations and monitor the operation and
  126  play of fantasy contests.
  127         (b) Review the books, accounts, and records of any current
  128  or former contest operator.
  129         (c) Suspend or revoke any license, after a hearing, for any
  130  violation of state law or rule.
  131         (d) Take testimony, issue summons and subpoenas for any
  132  witness, and issue subpoenas duces tecum in connection with any
  133  matter within its jurisdiction.
  134         (e) Monitor and ensure the proper collection and
  135  safeguarding of entry fees and the payment of contest prizes in
  136  accordance with consumer protection procedures adopted pursuant
  137  to s. 546.16.
  138         (4) The office may adopt rules to implement and administer
  139  this act.
  140         Section 5. Section 546.15, Florida Statutes, is created to
  141  read:
  142         546.15 Licensing.—
  143         (1) A contest operator that offers fantasy contests for
  144  play by persons in this state must be licensed by the office to
  145  conduct fantasy contests within this state. The initial license
  146  application fee is $500,000, and the annual license renewal fee
  147  is $100,000; however, the respective fees may not exceed 10
  148  percent of the amount of entry fees collected by a contest
  149  operator from the operation of fantasy contests in this state,
  150  less the amount of cash or cash equivalents paid to contest
  151  participants. The office shall require the contest operator to
  152  provide written evidence of the proposed amount of entry fees
  153  and cash or cash equivalents to be paid to contest participants
  154  during the annual license period. Before renewing a license, the
  155  contest operator shall provide written evidence to the office of
  156  the actual entry fees collected and cash or cash equivalents
  157  paid to contest participants during the previous period of
  158  licensure. The contest operator shall remit to the office any
  159  difference in license fee which results from the difference
  160  between the proposed amount of entry fees and cash or cash
  161  equivalents paid to contest participants and the actual amounts
  162  collected and paid.
  163         (2) The office shall grant or deny a completed application
  164  within 120 days after receipt. A completed application that is
  165  not acted upon by the office within 120 days after receipt is
  166  deemed approved, and the office shall issue the license.
  167  Applications for a contest operator’s license are exempt from
  168  the 90-day licensure timeframe imposed in s. 120.60(1).
  169         (3) The application must include:
  170         (a) The full name of the applicant.
  171         (b) If the applicant is a corporation, the name of the
  172  state in which the applicant is incorporated and the names and
  173  addresses of the officers, directors, and shareholders who hold
  174  15 percent or more equity.
  175         (c) If the applicant is a business entity other than a
  176  corporation, the names and addresses of each principal, partner,
  177  or shareholder who holds 15 percent or more equity.
  178         (d) The names and addresses of the ultimate equitable
  179  owners of the corporation or other business entity, if different
  180  from those provided under paragraphs (b) or (c), unless the
  181  securities of the corporation or entity are registered pursuant
  182  to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
  183  78a-78kk, and:
  184         1. The corporation or entity files with the United States
  185  Securities and Exchange Commission the reports required by s. 13
  186  of that act; or
  187         2. The securities of the corporation or entity are
  188  regularly traded on an established securities market in the
  189  United States.
  190         (e) The estimated number of fantasy contests to be
  191  conducted by the applicant annually.
  192         (f) A statement of the assets and liabilities of the
  193  applicant.
  194         (g) If required by the office, the names and addresses of
  195  the officers and directors of any debtor of the applicant and of
  196  stockholders who hold more than 10 percent of the stock of the
  197  debtor.
  198         (h) For each individual listed in the application as an
  199  officer or director, a complete set of fingerprints taken by an
  200  authorized law enforcement officer. The office shall submit such
  201  fingerprints to the Federal Bureau of Investigation for national
  202  processing. A foreign national shall submit such documents as
  203  necessary to allow the office to conduct criminal history
  204  records checks in the individual’s home country. The applicant
  205  must pay the full cost of processing fingerprints and required
  206  documentation. The office also may charge a $2 handling fee for
  207  each set of fingerprints submitted.
  208         (4) A person or entity is not eligible for licensure as a
  209  contest operator or for licensure renewal if the person or an
  210  officer or director of the entity is determined by the office,
  211  after investigation, not to be of good moral character or is
  212  found to have been convicted of a felony in this state, any
  213  offense in another jurisdiction which would be considered a
  214  felony if committed in this state, or a felony under the laws of
  215  the United States. As used in this subsection, the term
  216  “convicted” means having been found guilty, with or without
  217  adjudication of guilt, as a result of a jury verdict, nonjury
  218  trial, or entry of a plea of guilty or nolo contendere.
  219         (5) The office may suspend, revoke, or deny the license of
  220  a contest operator who fails to comply with this act or rules
  221  adopted pursuant hereto.
  222         Section 6. Section 546.16, Florida Statutes, is created to
  223  read:
  224         546.16 Consumer protection.—
  225         (1) A contest operator that charges an entry fee to contest
  226  participants shall implement procedures for fantasy contests
  227  which:
  228         (a) Prevent employees of the contest operator, and
  229  relatives living in the same household as such employees, from
  230  competing in a fantasy contest in which a cash prize is awarded.
  231         (b) Prohibit the contest operator from being a contest
  232  participant in a fantasy contest that he or she offers.
  233         (c) Prevent employees or agents of the contest operator
  234  from sharing with third parties confidential information that
  235  could affect fantasy contest play until the information has been
  236  made publicly available.
  237         (d) Verify that contest participants are 18 years of age or
  238  older.
  239         (e) Restrict an individual who is a player, a game
  240  official, or another participant in a real-world game or
  241  competition from participating in a fantasy contest that is
  242  determined, in whole or in part, on the performance of that
  243  individual, the individual’s real-world team, or the accumulated
  244  statistical results of the sport or competition in which he or
  245  she is a player, game official, or other participant.
  246         (f) Allow individuals to restrict or prevent their own
  247  access to such a fantasy contest and take reasonable steps to
  248  prevent those individuals from entering a fantasy contest.
  249         (g) Limit the number of entries a single contest
  250  participant may submit to each fantasy contest and take
  251  reasonable steps to prevent participants from submitting more
  252  than the allowable number of entries.
  253         (h) Segregate contest participants’ funds from operational
  254  funds or maintain a reserve in the form of cash, cash
  255  equivalents, payment processor reserves, payment processor
  256  receivables, an irrevocable letter of credit, a bond, or a
  257  combination thereof in the total amount of deposits in contest
  258  participants’ accounts for the benefit and protection of
  259  authorized contest participants’ funds held in fantasy contest
  260  accounts.
  261         (2) A contest operator that offers fantasy contests in this
  262  state which require contest participants to pay an entry fee
  263  shall annually contract with a third party to perform an
  264  independent audit, consistent with the standards established by
  265  the American Institute of Certified Public Accountants, to
  266  ensure compliance with this act. The contest operator shall
  267  submit the results of the independent audit to the office.
  268         Section 7. Section 546.17, Florida Statutes, is created to
  269  read:
  270         546.17 Records and reports.—Each contest operator shall
  271  keep and maintain daily records of its operations and shall
  272  maintain such records for at least 3 years. The records must
  273  sufficiently detail all financial transactions to determine
  274  compliance with the requirements of this section and must be
  275  available for audit and inspection by the office or other law
  276  enforcement agencies during the contest operator’s regular
  277  business hours. The office shall adopt rules to implement this
  278  section.
  279         Section 8. Section 546.18, Florida Statutes, is created to
  280  read:
  281         546.18 Penalties.—A contest operator, or an employee or
  282  agent thereof, who violates this act is subject to a civil
  283  penalty, not to exceed $5,000 for each violation and not to
  284  exceed $100,000 in the aggregate, which shall accrue to the
  285  state. An action to recover such penalties may be brought by the
  286  office or the Department of Legal Affairs in the circuit courts
  287  in the name and on behalf of the state.
  288         Section 9. Section 546.19, Florida Statutes, is created to
  289  read:
  290         546.19Exemption.—Fantasy contests conducted by a contest
  291  operator or noncommercial contest operator in accordance with
  292  this act are not subject to s. 849.01, s. 849.08, s. 849.09, s.
  293  849.11, s. 849.14, or s. 849.25.
  294         Section 10. The penalty provisions established in s.
  295  546.18, Florida Statutes, do not apply to a contest operator who
  296  applies for a license within 90 days after the effective date of
  297  this act and receives a license within 240 days after the
  298  effective date of this act.
  299         Section 11. The Division of Law Revision and Information is
  300  directed to replace the phrase “the effective date of this act”
  301  wherever it occurs in this act with the date the act becomes a
  302  law.
  303         Section 12. This act shall take effect upon becoming a law.