HB 0867CS

CHAMBER ACTION




1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to impact of slot machine gaming; creating
7s. 551.1062, F.S.; requiring an annual fee to be
8established by the Division of Pari-mutuel Wagering and
9collected from slot machine gaming facilities to mitigate
10the impact of slot machine gaming on neighboring
11municipalities; defining "neighboring municipality";
12providing for the use of the revenue collected; providing
13procedures for collection and distribution by the division
14to neighboring municipalities; providing for mediation of
15disputes; providing for adoption of rules; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 551.1062, Florida Statutes, is created
21to read:
22     551.1062  Mitigation of impact; fee; mediation.--
23     (1)  An annual fee not to exceed $1,000, established by the
24division, is imposed upon each slot machine approved for use at
25any eligible facility whose boundaries are not more than 1 mile
26from any neighboring municipality. As used in this section, the
27term "neighboring municipality" means a municipality that does
28not have an eligible facility but is within 1 mile of an
29eligible facility and will have public works and traffic impacts
30and public safety, police, and fire and rescue impacts that are
31demonstrated by a significant increase in the number of aid
32calls to the affected municipality that are not currently
33funded. "Neighboring municipality" also means a municipality
34that does not have an eligible facility but is within 2.5 miles
35of any boundary of any two eligible facilities and will have
36public works and traffic impacts and public safety, police, and
37fire and rescue impacts that are demonstrated by a significant
38increase in the number of aid calls to the affected municipality
39that are not currently funded. Revenue from the fees imposed by
40this section must be used by the neighboring municipality to
41fund the adverse public health, safety, and welfare and public
42works and traffic impacts that will be caused by the
43implementation of s. 23, Art. X of the State Constitution and
44that will occur as a direct result of slot machine operations.
45     (2)  The fee required in subsection (1) must be remitted to
46the division by February 1 of each year based on the number of
47slot machines approved for operation by the division as of
48January 1 of that year. The fee shall be deposited into the
49Pari-mutuel Wagering Trust Fund and shall be accounted for
50separately from taxes or fees paid pursuant to the provisions of
51chapter 550 and this chapter and shall not be subject to the
52provisions of s. 550.135(2). These revenues shall be distributed
53on a pro rata basis by the division to any neighboring
54municipality that has provided evidence to the division of
55significant local impacts from slot machine operations during
56the prior year.
57     (3)(a)  The division may contract with public or private
58entities to mediate disputes between the eligible facility or
59facilities and the neighboring municipality or municipalities of
60local impacts from slot machine operations. Eligible facilities
61are only responsible for impacts occurring within their
62neighboring municipality as defined in subsection (1). Mediation
63shall be conducted informally and shall not require the use of
64formal rules of evidence or procedure. The division shall choose
65a mediator from a list provided by an independent conflict
66resolution organization, such as the Conflict Resolution
67Consortium. Mediators may have no financial interest in or prior
68relationship with any of the parties or their affiliated or
69related entities or principals.
70     (b)  At the conclusion of mediation proceedings, which
71shall be within 60 days after the selection of a mediator, the
72mediator shall present to the parties and the division a
73recommendation concerning the distribution of revenue to a
74municipality for local impacts from slot machine operations that
75the mediator believes accurately addresses the rights and
76obligations of the parties. The division shall implement the
77recommendations of the mediator and make disbursements to the
78municipality based on the mediator's recommendation within 30
79days after the recommendation is received by the division. The
80provisions of this subsection do not preclude the right of
81either party to appeal the division's actions to an appropriate
82court of jurisdiction. Each party shall pay its respective costs
83of mediation and shall pay one-half of the costs of the
84mediator, unless the parties otherwise agree.
85     (4)  At the end of each fiscal year, any revenue remaining
86in the trust fund for 3 years from deposits made pursuant to
87subsection (1) shall be returned to the eligible facility if
88disbursements of those funds to a neighboring municipality have
89not been approved by the division.
90     (5)  The division shall adopt rules pursuant to ss.
91120.536(1) and 120.54 to administer the provisions of this
92section.
93     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.