HB 7129

1	A bill to be entitled
2	An act relating to gaming on Indian lands; creating s.
3	285.711, F.S.; authorizing and directing the Governor to
4	negotiate and execute a gaming compact between the state
5	and the Seminole Indian Tribe of Florida; providing a
6	title; providing recitals stating rights, powers, and
7	purpose of the parties to the compact; providing
8	definitions; authorizing the operation of certain games in
9	specified locations on Indian lands; authorizing expansion
10	or replacement of gaming facilities; prohibiting
11	additional gaming facilities; providing for rules and
12	regulations; providing minimum requirements for
13	operations; requiring certain procedures and signs
14	relating to compulsive gambling; providing a limitation of
15	liability for failing to identify a compulsive gambler;
16	requiring certain procedures to prevent certain
17	activities; providing for staff training, screening, and
18	certification, patron education, and security measures;
19	prohibiting a person under a certain age from playing the
20	games; requiring certain recordkeeping by the tribe and
21	the Seminole Tribal Gaming Commission; requiring the tribe
22	to stop certain card games; providing for patron disputes
23	and claims; providing for employee tort claims; providing
24	limitations on claims; providing for limited liability and
25	liability coverage of the tribe; providing for enforcement
26	of compact provisions; providing responsibilities of the
27	tribe and the commission; providing that the tribe and the
28	commission shall be responsible for regulating activities;
29	providing requirements for construction, operation, and
30	maintenance of facilities and the conduct of games;
31	providing for members and employees of the commission;
32	providing requirements for licensing members and
33	employees; providing for commission compliance officers;
34	requiring representatives of the commission and the State
35	Compliance Agency to meet to review practices and examine
36	methods to improve the regulatory scheme; providing for
37	state monitoring of the compact; authorizing the state to
38	secure an annual independent financial audit of the
39	conduct of the games; providing requirements and
40	limitations for such audit; authorizing the State
41	Compliance Agency to monitor the conduct of the games,
42	inspect any games in operation, and perform one annual
43	review of the slot machine compliance audit for certain
44	purposes; authorizing that agency to meet with the tribe's
45	Internal Audit Department for Gaming to review internal
46	controls and violations; providing procedures inspections
47	and for suspected or claimed violations; providing for
48	construction and application of the compact; providing
49	licensing and hearing requirements; providing for payment
50	of consideration to the state; providing a payment
51	schedule, payment amounts, and procedures for such
52	payments; providing procedures for auditing certain
53	revenue and review of unaudited revenue; providing that
54	certain prior payments shall be deemed forfeited and
55	released to the state; providing that acceptance and
56	appropriation of such funds does not legitimize, validate,
57	or otherwise ratify any previously proposed compact or the
58	operation of class III games by the tribe prior to the
59	effective date of this compact; providing the tribe with
60	the right to operate such games on an exclusive basis;
61	providing for reduction of tribal payments because of loss
62	of exclusivity or other changes in state law; providing
63	for exceptions to the exclusivity; providing procedures
64	for resolution of disputes among the parties and for
65	interpretation of the compact; requiring notice of a claim
66	of noncompliance; authorizing nonbinding arbitration and
67	providing procedures therefor; providing that for certain
68	purposes the tribe waives rights to immunity from suit and
69	enforcement of judgment; providing for collection of sales
70	tax on sales to non-tribal members; providing for
71	construction, application, and severability; providing for
72	federal approval; providing notice requirements; providing
73	an effective date and term of the compact; providing for
74	amendment of compact and references; providing for
75	application to third parties; providing for application to
76	any compact with any other tribe; providing for events
77	beyond the tribe's control; providing for smoke-free or
78	reduced-smoke environments; providing for minimum pay-out;
79	providing for effect of compact on agreements entered into
80	between the tribe and any other federal, state, or local
81	governmental entity; providing for employment practices;
82	providing an effective date.
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Section 285.711, Florida Statutes, is created
87	to read:
88	285.711  Gaming compact between the Seminole Tribe and the
89	State of Florida.--The Governor is authorized and directed to
90	negotiate and execute a gaming compact with the Seminole Tribe
91	of Florida on behalf of the State of Florida subject to
92	ratification by the Legislature in the form substantially as
93	follows:
94
95	Gaming Compact Between the Seminole Tribe of Florida and the
96	State of Florida
97
98	This compact is made and entered into by and between the
99	Seminole Tribe of Florida, a federally recognized Indian Tribe
100	and the State of Florida, with respect to the operation of
101	covered games on the Tribe's Indian lands as defined by the
102	Indian Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq.
103
104	PART I.
105	TITLE.--This Compact shall be referred to as the "Seminole
106	Tribe of Florida and State of Florida Gaming Compact."
107
108	PART II.
109	RECITALS.--
110	A.  The Seminole Tribe of Florida is a federally recognized
111	tribal government possessing sovereign powers and rights of
112	self-government.
113	B.  The State of Florida is a state of the United States of
114	America possessing the sovereign powers and rights of a state.
115	C.  The State of Florida and the Seminole Tribe of Florida
116	maintain a government-to-government relationship.
117	D.  The United States Supreme Court has long recognized the
118	right of an Indian Tribe to regulate activity on lands within
119	its jurisdiction, but the Congress, through the Indian Gaming
120	Regulatory Act, has given states a role in the conduct of tribal
121	gaming in accordance with negotiated tribal-state compacts.
122	E.  Pursuant to the Seminole Tribe Amended Gaming
123	Ordinance, adopted by Resolution No. C-195-06, and approved by
124	the National Indian Gaming Commission on July 10, 2006,
125	hereafter referred to as the Seminole Tribal Gaming Code, the
126	Seminole Tribe of Florida desires to offer the play of Covered
127	Games, as defined in Part III. of this Compact, as a means of
128	generating revenues for purposes authorized by the Indian Gaming
129	Regulatory Act, including without limitation the support of
130	tribal governmental programs, such as health care, housing,
131	sewer and water projects, police, fire suppression, general
132	assistance for tribal elders, day care for children, economic
133	development, educational opportunities, per capita payments to
134	tribal members and other typical and valuable governmental
135	services and programs for tribal members.
136	F.  It is in the best interest of the State of Florida to
137	enter into a compact with the Seminole Tribe of Florida. This
138	compact will generally benefit Florida, while at the same time
139	limiting the expansion of gaming within the State. The State of
140	Florida also recognizes that the significant revenue
141	participation pursuant to the Compact in exchange for its
142	exclusivity provisions provide an opportunity to increase and
143	enhance the dollars available to spend on governmental programs
144	that benefit the citizens of Florida.
145
146	PART III.
147	DEFINITIONS.--As used in this Compact and the Appendices
148	thereto:
149	A.  "Annual Oversight Assessment" means the assessment
150	described in Part XI., Section C. of this Compact.
151	B.  "Class III gaming" means the forms of Class III gaming
152	defined in 25 U.S.C. s. 2703(8) and by the regulations of the
153	National Indian Gaming Commission.
154	C.  "Commission" means the Seminole Tribal Gaming
155	Commission, which is the tribal governmental agency that has the
156	authority to carry out the Tribe's regulatory and oversight
157	responsibilities under this Compact.
158	D.  "Compact" means the Seminole Tribe of Florida and State
159	of Florida Gaming Compact.
160	E.  "Covered Game" or "Covered Gaming Activity" means the
161	following Class III gaming activities:
162	1.(a)  Slot machines, meaning any mechanical or electrical
163	contrivance, terminal that may or may not be capable of
164	downloading slot games from a central server system, machine, or
165	other device that, upon insertion of a coin, bill, ticket,
166	token, or similar object or upon payment of any consideration
167	whatsoever, including the use of any electronic payment system,
168	except a credit card or debit card, is available to play or
169	operate, the play or operation of which, whether by reason of
170	skill or application of the element of chance or both, may
171	deliver or entitle the person or persons playing or operating
172	the contrivance, terminal, machine, or other device to receive
173	cash, billets, tickets, tokens, or electronic credits to be
174	exchanged for cash or to receive merchandise or anything of
175	value whatsoever, whether the payoff is made automatically from
176	the machine or manually. The term includes associated equipment
177	necessary to conduct the operation of the contrivance, terminal,
178	machine, or other device. Slot machines may use spinning reels,
179	video displays, or both.
180	(b)  If at any time, State law authorizes alters, amends,
181	or otherwise changes the definition of slot machines said
182	definition will apply.
183	2.  High stakes poker games, as provided in Part V.,
184	Section K.; and
185	3.  This definition specifically does not include banking
186	or banked card games, including baccarat, chemin de fer and
187	blackjack, roulette, craps, roulette-styled games, or craps-
188	styled games.
189	F.  "Covered Game Employee" or "Covered Employee" means any
190	individual employed and licensed by the Tribe whose
191	responsibilities include the rendering of services with respect
192	to the operation, maintenance or management of Covered Games,
193	including, but not limited to, the following: managers and
194	assistant managers; accounting personnel; Commission officers;
195	surveillance and security personnel; cashiers, supervisors, and
196	floor personnel; cage personnel; and any other employee whose
197	employment duties require or authorize access to areas of the
198	Facility related to the conduct of Covered Games or the
199	technical support or storage of Covered Game components. This
200	definition does not include the Tribe's elected officials
201	provided that such individuals are not directly involved in the
202	operation, maintenance, or management of Covered Games or
203	Covered Games components.
204	G.  "Documents" means books, records, electronic, magnetic
205	and computer media documents and other writings and materials,
206	copies thereof, and information contained therein.
207	H.  "Effective Date" means the date on which the Compact
208	becomes effective pursuant to Part XVII., Section A. of this
209	Compact.
210	I.  "Facility" or "Facilities" means any building of the
211	Tribe in which the Covered Games authorized by this Compact are
212	conducted on Indian lands as defined by the Indian Gaming
213	Regulatory Act.
214	J.  "Guaranteed Minimum Payment" means the minimum Payment
215	the Tribe agrees to make to the State as provided by Part XI. of
216	the Compact.
217	K.  "Indian Gaming Regulatory Act" or "IGRA" means the
218	Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
219	1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
220	and 18 U.S.C. ss. 1166-1168.
221	L.  "Net Poker Income" means the total revenue from all
222	hands played, including buy-ins and rebuys.
223	M.  "Net Win" means the total receipts from the play of all
224	Covered Games less all prize payouts.
225	N.  "Non-tribal member" means a person who is not a bona
226	fide member of an Indian tribe as defined in 25 U.S.C. s.
227	2703(5).
228	O.  "Patron" means any person who is on the premises of a
229	Facility, or who is entering the Tribe's Indian lands for the
230	purpose of playing Covered Games authorized by this Compact.
231	P.  "Reservation" means any of the seven Tribal locations
232	currently with gaming facilities, specifically enumerated in
233	Part IV., Section B.
234	Q.  "Revenue Share" means the periodic payment by the Tribe
235	to the State provided for in Part XI., Sections A. and B. of
236	this Compact.
237	R.  "Revenue Sharing Cycle" means the annual (12-month)
238	period of the Tribe's operation of Covered Games in its
239	Facilities and whose first annual Cycle shall commence on the
240	day the Tribe makes Covered Games available for public play in
241	its Facilities.
242	S.  "Rules and regulations" means the rules and regulations
243	promulgated by the Commission for implementation of this
244	Compact.
245	T.  "State" means the State of Florida.
246	U.  "State Compliance Agency" or "SCA" means any state
247	agency that has the authority granted by the Legislature to
248	carry out the State's oversight responsibilities under this
249	Compact. The SCA shall be the Governor or his designee unless
250	and until an SCA has been designated by the Legislature for this
251	purpose.
252	V.  "Tribe" means the Seminole Tribe of Florida or any
253	affiliate thereof conducting activities pursuant to this Compact
254	under the authority of the Seminole Tribe of Florida.
255
256	PART IV.
257	AUTHORIZATION AND LOCATION OF COVERED GAMES.--
258	A.  The Tribe and State agree that the Tribe is authorized
259	to operate Covered Games on its Indian lands, as defined in the
260	Indian Gaming Regulatory Act, in accordance with the provisions
261	of this Compact. However, except for the provisions in Part XI.,
262	Section A. below, nothing in this Compact shall limit the
263	Tribe's right to operate any game that is Class II under the
264	Indian Gaming Regulatory Act.
265	B.  The Tribe is authorized to conduct Covered Games under
266	this Compact at only the following seven existing gaming
267	Facilities on Tribal lands:
268	1.  Seminole Indian Casino on the Brighton Indian
269	Reservation in Okeechobee County.
270	2.  Seminole Indian Casino in the City of Coconut Creek in
271	Broward County.
272	3.  Seminole Indian Casino in the City of Hollywood in
273	Broward County.
274	4.  Seminole Indian Casino in Immokalee in Collier County.
275	5.  Seminole Indian Big Cypress Casino in the City of
276	Clewiston in Hendry County.
277	6.  Seminole Hard Rock Hotel & Casino in the City of
278	Hollywood in Broward County.
279	7.  Seminole Hard Rock Hotel & Casino in the City of Tampa
280	in Hillsborough County.
281	C.  Any of the identified Facilities in Section B. may be
282	expanded or replaced by another Facility on the same reservation
283	with advance notice to the State of sixty (60) calendar days,
284	subject to the understanding that the number of existing
285	Facilities on each reservation and the number of reservations
286	upon which Class III gaming is authorized shall remain the same
287	as provided in Section B.
288
289	PART V.
290	RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
291	OPERATIONS.--
292	A.  At all times during the Term of this Compact, the Tribe
293	shall be responsible for all duties which are assigned to it and
294	the Commission under this Compact. The Tribe shall promulgate
295	any rules and regulations necessary to implement this Compact,
296	which at a minimum shall expressly include or incorporate by
297	reference all provisions of this Part and the procedural
298	requirements of Part VI. of this Compact. Nothing in this
299	Compact shall be construed to affect the Tribe's right to amend
300	its rules and regulations, provided that any such amendment
301	shall be in conformity with this Compact and subject to approval
302	by the SCA. The SCA may propose additional rules and regulations
303	consistent with and related to the implementation of this
304	Compact to the Commission at any time, and the Commission shall
305	give good faith consideration to such suggestions and shall
306	notify the SCA of its response or action with respect thereto.
307	B.  All Facilities shall comply with, and all Covered Games
308	approved under this Compact shall be operated in accordance
309	with, the requirements set forth in this Compact, including, but
310	not limited to, those set forth in Sections C. and D. of this
311	Part and the Tribe's Internal Control Policies and Procedures.
312	In addition, all Facilities and all Covered Games shall be
313	operated in strict compliance with tribal internal control
314	standards that provide a level of control that equals or exceeds
315	those set forth in the National Indian Gaming Commission's
316	Minimum Internal Control Standards (25 C.F.R. Part 542), as the
317	same may be amended or supplemented from time to time.
318	C.  The Tribe and the Commission shall retain all records
319	in compliance with the requirements set forth in the Record
320	Retention Policies and Procedures.
321	D.  The Tribe will continue and maintain its program to
322	combat problem gambling and curtail compulsive gambling,
323	including work with the Florida Council on Compulsive Gambling
324	or other organization dedicated to assisting problem gamblers.
325	The Tribe will continue to maintain the following safeguards
326	against problem gambling.
327	1.  The Tribe will provide a comprehensive training and
328	education program designed in cooperation with the Florida
329	Council on Compulsive Gambling (or other organization dedicated
330	to assisting problem gamblers) to every new gaming employee.
331	2.  The Tribe will make printed materials available to
332	Patrons, which include contact information for the Florida
333	Council on Compulsive Gambling 24-Hour Helpline (or other
334	hotline dedicated to assisting problem gamblers), and will work
335	with the Florida Council on Compulsive Gambling (or other
336	organization dedicated to assisting problem gamblers) to provide
337	contact information for the Florida Council on Compulsive
338	Gambling (or other organization dedicated to assisting problem
339	gamblers), and to provide such information on the Facilities'
340	internet website. The Tribe will continue to display all
341	literature from the Florida Council on Compulsive Gambling (or
342	other organization dedicated to assisting problem gamblers)
343	within the Facilities.
344	3.  The Commission shall establish a list of the Patrons
345	voluntarily excluded from the Tribe's Facilities, pursuant to
346	subsection 5.
347	4.  The Tribe shall employ its best efforts to exclude
348	Patrons on such list from entry into its Facilities; provided
349	that nothing in this Compact shall create for Patrons who are
350	excluded but gain access to the Facilities, or any other person,
351	a cause of action or claim against the State, the Tribe or the
352	Commission or any other person, entity, or agency for failing to
353	enforce such exclusion.
354	5.  Patrons who believe they may be playing Covered Games
355	on a compulsive basis may request that their names be placed on
356	the list of the Patrons voluntarily excluded from the Tribe's
357	Facilities.
358	6.  All Covered Game employees shall receive training on
359	identifying players who have a problem with compulsive gambling
360	and shall be instructed to ask them to leave. Signs bearing a
361	toll-free help-line number and educational and informational
362	materials shall be made available at conspicuous locations and
363	automated teller machines in each Facility, which aim at the
364	prevention of problem gaming and which specify where Patrons may
365	receive counseling or assistance for gambling problems. All
366	Covered Game employees shall also be screened for compulsive
367	gambling habits. Nothing in this Section shall create for
368	Patrons, or any other person, a cause of action or claim against
369	the State, the Tribe or the Commission or any other person,
370	entity, or agency for failing to identify a Patron or person who
371	is a compulsive gambler and/or ask that person to leave.
372	7.  The Tribe shall follow the rules for exclusion of
373	Patrons set forth in Article XI of the Seminole Tribal Gaming
374	Code.
375	8.  The Tribe shall make diligent efforts to prevent
376	underage individuals from loitering in the area of each Facility
377	where the Covered Games take place.
378	9.  The Tribe shall assure that advertising and marketing
379	of the Covered Games at the Facilities contain a responsible
380	gambling message and a toll-free help-line number for problem
381	gamblers, where practical, and that they make no false or
382	misleading claims.
383	E.  Summaries of the rules for playing Covered Games and
384	promotional contests shall be visibly displayed in the
385	Facilities. Complete sets of rules shall be available in the
386	Facilities upon request. Copies of all such rules shall be
387	provided to the SCA within thirty (30) calendar days of their
388	issuance or their amendment.
389	F.  The Tribe shall provide the Commission and SCA with a
390	chart of the supervisory lines of authority with respect to
391	those directly responsible for the conduct of Covered Games, and
392	shall promptly notify those agencies of any material changes
393	thereto.
394	G.  The Tribe engages in and shall continue to maintain
395	proactive approaches to prevent improper alcohol sales, drunk
396	driving, underage drinking, and underage gambling. These
397	approaches involve intensive staff training, screening and
398	certification, Patron education, and the use of security
399	personnel and surveillance equipment in order to enhance
400	Patrons' enjoyment of the Facilities and provide for Patron
401	safety. Staff training includes specialized employee training in
402	nonviolent crisis intervention, driver's license verification
403	and the detection of intoxication. Patron education is carried
404	out through notices transmitted on valet parking stubs, posted
405	signs in the Facilities and in brochures. Roving and fixed
406	security officers, along with surveillance cameras, assist in
407	the detection of intoxicated Patrons, investigate problems, and
408	engage with Patrons to de-escalate volatile situations. To help
409	prevent alcohol-related crashes, the Tribe will continue to
410	operate the "Safe Ride Home Program," a free taxi service.
411	Additionally, to reduce risks of underage gambling and underage
412	drinking, the Tribe will continue to prohibit entry onto the
413	casino floor of anyone under eighteen (18) years of age. The
414	Tribe shall maintain these programs and policies in its Alcohol
415	Beverage Control Act for the duration of the Compact but may
416	replace such programs and policies with either stricter or more
417	extensive programs and policies. The Tribe shall provide the
418	State with written notice of any changes to the programs and
419	policies in the Tribe's Alcohol Beverage Control Act, which
420	notice shall include a copy of such changes and shall be sent on
421	or before the effective date of the change. Nothing in this
422	Section shall create for Patrons, or any other person, a cause
423	of action or claim against the State, the Tribe or the
424	Commission or any other person, entity, or agency for failing to
425	fulfill the requirements of this Section.
426	H.  No person under twenty-one (21) years of age shall be
427	allowed to play Covered Games.
428	I.  The Tribe may establish and operate Facilities that
429	operate Covered Games only on the reservations as defined by the
430	Indian Gaming Regulatory Act and as specified in Part IV. of
431	this Compact.
432	J.  The Commission shall keep a record of, and shall report
433	at least quarterly to the SCA, the number of Covered Games in
434	each Facility, by the name or type of each and its identifying
435	number.
436	K.  The Tribe presently conducts and shall continue to
437	conduct poker in each of its Facilities in compliance with
438	provisions of Florida law, including provisions that limit
439	wagers and pot sizes. However, the Tribe may hold up to two (2)
440	celebrity/charity poker tournaments per year in each of its
441	Facilities that are not subject to the limitations and
442	restrictions imposed by Florida law, provided that a minimum of
443	one hundred percent (100 percent) of the Net Poker Income from
444	each poker tournament is donated to a charitable organization
445	organized pursuant to Section 501(c)(3) of the Internal Revenue
446	Code. The maximum number of days a celebrity/charity tournament
447	will be played is eight (8) calendar days during the month a
448	tournament is hosted. Any payments made to charitable
449	organizations pursuant to this Part shall not be calculated as
450	Net Win for purpose of payments to the State under Part XI.
451	L.  The Tribe and the Commission shall make available a
452	copy of the following documents to any member of the public upon
453	request: the minimum internal control standards of the National
454	Indian Gaming Commission; the Seminole Tribal Gaming Code; this
455	Compact; the rules of each Covered Game operated by the Tribe;
456	and the administrative procedures for addressing Patron tort
457	claims under Part VI.
458	M.  Cessation of Banking or Banked Card Games. The Tribe
459	shall stop all banked card games within ninety (90) days after
460	the effective date of this Compact.
461
462	PART VI.
463	PATRON DISPUTES; WORKERS COMPENSATION: TORT CLAIMS; PRIZE
464	CLAIMS; LIMITED CONSENT TO SUIT.--
465	A.  All patron disputes involving gaming will be resolved
466	in accordance with the procedures established in Article XI of
467	the Seminole Tribal Gaming Code.
468	B.  Tort claims by employees of the Tribe's Facilities will
469	be handled pursuant to the provisions of the Tribe's Workers'
470	Compensation Ordinance, which shall provide workers the same or
471	better protections as set forth in Florida's workers
472	compensation laws.
473	C.  Disputes by employees of the Tribe's Facilities will be
474	handled pursuant to the provisions of the Tribe's policy for
475	gaming employees, the Employee Fair Treatment and Dispute
476	Resolution Policy.
477	D.1.  A Patron who claims to have been injured in a
478	Facility where Covered Games are played is required to provide
479	written notice to the Tribe's Risk Management Department or the
480	Facility, in a reasonable and timely manner.
481	2.  The Tribe shall have ten (10) days to respond to a
482	claim made by a Patron. When the Tribe responds to an incident
483	alleged to have caused a Patron's injury or illness, the Tribe
484	shall provide a claim form to the Patron. It is the Patron's
485	responsibility to complete the form and forward the form to the
486	Tribe's Risk Management Department within a reasonable period of
487	time, and in a reasonable and timely manner.
488	3.  Upon receiving written notification of the claim, the
489	Tribe's Risk Management Department shall forward the
490	notification to the Tribe's insurance carrier. The Tribe will
491	use its best efforts to assure that the insurance carrier
492	contacts the Patron within a reasonable period of time following
493	receipt of the claim.
494	4.  The insurance carrier will handle the claim to
495	conclusion. If the Patron and the insurance carrier are not able
496	to resolve the claim, the Patron may bring a tort claim against
497	the Tribe in any court of competent jurisdiction in the County
498	in which the incident occurred, subject to a four (4) year
499	statute of limitations, which shall begin to run from the date
500	of the incident of the alleged claimed injury. Nothing in this
501	Part shall preclude a patron asserting a tort claim against the
502	Tribe from immediately filing suit in any court of competent
503	jurisdiction without resorting to or exhausting tribal remedies
504	5.  In no event shall the Tribe be deemed to have waived
505	its tribal immunity from suit beyond $500,000 for an individual
506	tort claim and $1,000,000 for the tort claims of all persons or
507	entities claiming injury in tort arising out of a single event
508	or occurrence. These limitations are intended to include
509	liability for compensatory damages as well as any costs, pre-
510	judgment interest and attorneys fees arising out of any claim
511	brought or asserted against the Tribe, its subordinate
512	governmental and economic units as well as any Tribal officials,
513	employees, servants or agents in their official capacities.
514	6.  The Tribe shall obtain and maintain a commercial
515	general liability policy which provides coverage of no less than
516	$1,000,000 per occurrence and $10,000,000 in the aggregate for
517	bodily injury, personal injury, and property damage arising out
518	of, connected with, or relating to the operation of Facilities
519	where Covered Games are offered.
520	7.  Notices explaining the procedures and time limitations
521	with respect to making a tort claim shall be prominently
522	displayed in the Facilities, posted on the Tribe's website, and
523	provided to any Patron for whom the Tribe has notice of the
524	injury or property damage giving rise to the tort claim. Such
525	notices shall explain the method and places for making a tort
526	claim.
527
528	PART VII.
529	ENFORCEMENT OF COMPACT PROVISIONS.--
530	A.  The Tribe and the Commission shall be responsible for
531	regulating activities pursuant to this Compact. As part of its
532	responsibilities, the Tribe has adopted or issued standards
533	designed to ensure that the Facilities are constructed, operated
534	and maintained in a manner that adequately protects the
535	environment and public health and safety. Additionally, the
536	Tribe shall ensure that:
537	1.  Operation of the conduct of Covered Games is in strict
538	compliance with (i) the Seminole Tribal Gaming Code, (ii) all
539	rules, regulations, procedures, specifications, and standards
540	lawfully adopted by the National Indian Gaming Commission and
541	the Commission, and (iii) the provisions of this Compact,
542	including, but not limited to, the standards and the Tribe's
543	rules and regulations set forth in the Appendices;
544	2.  Reasonable measures are taken to:
545	(a)  Assure the physical safety of Facility Patrons,
546	employees, and any other person while in the Facility;
547	(b)  Prevent illegal activity at the Facilities or with
548	regard to the operation of Covered Games, including, but not
549	limited to, the maintenance of employee procedures and a
550	surveillance system;
551	(c)  Ensure prompt notification is given to appropriate law
552	enforcement authorities of persons who may be involved in
553	illegal acts in accordance with applicable law;
554	(d)  Ensure that the construction and maintenance of the
555	Facilities comply with the standards of the Florida Building
556	Code, the provisions of which the Tribe has adopted as the
557	Seminole Tribal Building Code; and
558	(e)  Ensure adequate emergency access plans have been
559	prepared to ensure the health and safety of all Covered Game
560	Patrons.
561	B.  All licenses for members and employees of the
562	Commission shall be issued according to the same standards and
563	terms applicable to Facility employees. The Commission's
564	compliance officers shall be independent of the Tribal gaming
565	operations, and shall be supervised by and accountable only to
566	the Commission. A Commission compliance officer shall be
567	available to the Facility during all hours of operation upon
568	reasonable notice, and shall have immediate access to any and
569	all areas of the Facility for the purpose of ensuring compliance
570	with the provisions of this Compact. The Commission shall
571	investigate any such suspected or reported violation of this
572	Part and shall officially enter into its files timely written
573	reports of investigations and any action taken thereon, and
574	shall forward copies of such investigative reports to the SCA
575	within thirty (30) calendar days of such filing. The scope of
576	such reporting shall be determined by a Memorandum of
577	Understanding between the Commission and the SCA as soon as
578	practicable after the Effective Date of this Compact. Any such
579	violations shall be reported immediately to the Commission, and
580	the Commission shall immediately forward the same to the SCA. In
581	addition, the Commission shall promptly report to the SCA any
582	such violations which it independently discovers.
583	C.  In order to develop and foster a positive and effective
584	relationship in the enforcement of the provisions of this
585	Compact, representatives of the Commission and the SCA shall
586	meet, not less than on an annual basis, to review past practices
587	and examine methods to improve the regulatory scheme created by
588	this Compact. The meetings shall take place at a location
589	mutually agreed to by the Commission and the SCA. The SCA, prior
590	to or during such meetings, shall disclose to the Commission any
591	concerns, suspected activities, or pending matters reasonably
592	believed to possibly constitute violations of this Compact by
593	any person, organization or entity, if such disclosure will not
594	compromise the interest sought to be protected.
595
596	PART VIII.
597	STATE MONITORING OF COMPACT.--
598	A.  The State may secure an annual independent financial
599	audit of the conduct of Covered Games subject to this Compact.
600	The audit shall examine revenues in connection with the conduct
601	of Covered Games and shall include only those matters necessary
602	to verify the determination of Net Win and the basis and amount
603	of, and the right to, and the amount of the Payments the Tribe
604	is obligated to make to the State pursuant to Part XI. of this
605	Compact and as defined by this Compact. A copy of the audit
606	report for the conduct of Covered Games shall be submitted to
607	the Commission within thirty (30) calendar days of completion.
608	Representatives of the SCA may, upon request, meet with the
609	Tribe and its auditors to discuss the audit or any matters in
610	connection therewith; provided, such discussions are limited to
611	Covered Games information. The annual independent financial
612	audit shall be performed by an independent accounting firm, with
613	experience in auditing casino operations, selected by the State,
614	subject to the consent of the Tribe, which shall not be
615	unreasonably withheld. The Tribe shall pay the accounting firm
616	for the costs of the annual independent financial audit.
617	B.  The SCA may, pursuant to the provisions of this
618	Compact, monitor the conduct of Covered Games to ensure that the
619	Covered Games are conducted in compliance with the provisions of
620	this Compact. In order to properly monitor the conduct of
621	Covered Games, agents of the SCA without prior notice shall have
622	reasonable access to all public areas of the Facilities related
623	to the conduct of Covered Games as provided herein.
624	1.  While the Commission will act as the regulator of the
625	Facilities, the SCA may take reasonable steps to assure that
626	operations at the Facilities comply with the terms of this
627	Compact and may advise on such issues as it deems appropriate.
628	2.  In order to fulfill its oversight responsibilities, the
629	State has identified specific oversight testing procedures, set
630	forth below in subsection 3., paragraphs (a), (b), and (c),
631	which the SCA may perform on a routine basis.
632	3.(a)  The SCA may inspect any Covered Games in operation
633	at the Facilities on a random basis to confirm that the Covered
634	Games operate and play properly pursuant to the manufacturer's
635	technical standards and are conducted in compliance with the
636	rules, regulations and standards established by the Commission
637	and this Compact. Such random inspections shall occur during
638	normal operating hours. No advance notice is required when the
639	SCA inspection is limited to public areas of the Facility;
640	however, representatives of the SCA shall provide notice to the
641	Commission of their presence for such inspections. The SCA shall
642	provide at least 1 hour notice to the Commission of such
643	inspection at or prior to the commencement of the random
644	inspections when such inspection will include non-public areas,
645	and a Commission agent may accompany the inspection.
646	(b)  For each Facility, the SCA may perform one annual
647	review of the slot machine compliance audit.
648	(c)  At least on an annual basis, the SCA may meet with the
649	Tribe's Internal Audit Department for Gaming to review internal
650	controls and violations of same by the Facilities.
651	4.  The SCA will seek to work with and obtain the
652	assistance of the Commission in the resolution of any conflicts
653	with the management of the Facilities, and the State and the
654	Tribe shall make their best efforts to resolve disputes through
655	negotiation whenever possible. Therefore, in order to foster a
656	spirit of cooperation and efficiency, the parties hereby agree
657	that when disputes arise between the SCA staff and Commission
658	regulators from the day-to-day regulation of the Facilities,
659	they should generally be resolved first through meeting and
660	conferring in good faith. This voluntary process does not
661	proscribe the right of either party to seek other relief that
662	may be available when circumstances require such relief. In the
663	event of a dispute or disagreement between Tribal and SCA
664	regulators, the dispute or disagreement shall be resolved in
665	accordance with the dispute resolution provisions of Part XIII.
666	of this Compact;
667	5.  Access to each Facility by the SCA shall be during the
668	Facility's operating hours only, provided that to the extent
669	such inspections are limited to areas of the Facility where the
670	public is normally permitted, the SCA agents may inspect the
671	Facility without giving prior notice to the Tribe or the
672	Commission;
673	6.  Any suspected or claimed violations of this Compact or
674	law shall be directed in writing to the Commission; the SCA
675	agents, in conducting the functions assigned them under this
676	Compact, shall not unreasonably interfere with the functioning
677	of any Facility; and
678	7.  Before the SCA agents enter any nonpublic area of a
679	Facility, they shall provide proper prior notice and
680	photographic identification to the Commission. The SCA agents
681	shall be accompanied in nonpublic areas of the Facility by a
682	Commission officer. Notice of at least one (1) hour by the SCA
683	to the Commission is required to assure that a Commission
684	officer is available to accompany the SCA agents at all times.
685	C.  Subject to the provisions herein, agents of the SCA
686	shall have the right to review and request copies of documents
687	of the Facility related to its conduct of Covered Games. The
688	review and copying of such documents shall be during normal
689	business hours unless otherwise allowed by the Tribe at the
690	Tribe's discretion. The Tribe cannot refuse said inspection and
691	copying of such documents, provided that the inspectors cannot
692	require copies of documents in such volume that it unreasonably
693	interferes with the normal functioning of the Facilities or
694	Covered Games. To the extent that the Tribe provides the State
695	with information which the Tribe claims to be confidential and
696	proprietary, or a trade secret, the Tribe shall clearly mark
697	such information with the following designation: "Trade Secret,
698	Confidential and Proprietary." If the State receives a request
699	under Chapter 119, Florida Statutes that would include such
700	designated information, the State shall promptly notify the
701	Tribe of such a request and the Tribe shall promptly notify the
702	State about its intent to seek judicial protection from
703	disclosure. Upon such notice from the Tribe, the State shall not
704	release the requested information until a judicial determination
705	is made. This designation and notification procedure does not
706	excuse the State from complying with the requirements of the
707	State's public records law, but is intended to provide the Tribe
708	the opportunity to seek whatever judicial remedy it deems
709	appropriate. Notwithstanding the foregoing procedure, the SCA
710	may provide copies of tribal documents to federal law
711	enforcement and other State agencies or State consultants that
712	the State deems reasonably necessary in order to conduct or
713	complete any investigation of suspected criminal activity in
714	connection with the Tribe's Covered Games or the operation of
715	the Facilities or in order to assure the Tribe's compliance with
716	this Compact.
717	D.  At the completion of any SCA inspection or
718	investigation, the SCA may forward a written report thereof to
719	the Commission, containing all pertinent, nonconfidential,
720	nonproprietary information regarding any violation of applicable
721	laws or this Compact which was discovered during the inspection
722	or investigation unless disclosure thereof would adversely
723	impact an investigation of suspected criminal activity. Nothing
724	herein prevents the SCA from contacting tribal or federal law
725	enforcement authorities for suspected criminal wrongdoing
726	involving the Commission.
727	E.  Except as expressly provided in this Compact, nothing
728	in this Compact shall be deemed to authorize the State to
729	regulate the Tribe's government, including the Commission, or to
730	interfere in any way with the Tribe's selection of its
731	governmental officers, including members of the Commission.
732
733	PART IX.
734	JURISDICTION.--The obligations and rights of the State and
735	the Tribe under this Compact are contractual in nature, and are
736	to be construed and enforced in accordance with the laws of the
737	State of Florida. This Compact shall not alter tribal, federal
738	or state civil adjudicatory or criminal jurisdiction in any way.
739
740	PART X.
741	LICENSING.--The Tribe and the Commission shall comply with
742	the licensing and hearing requirements set forth in 25 C.F.R.
743	Parts 556 and 558, as well as the applicable licensing and
744	hearing requirements set forth in Articles IV-VI of the Seminole
745	Tribal Gaming Code. The Commission shall notify the SCA of any
746	disciplinary hearings or revocation or suspension of licenses.
747
748	PART XI.
749	PAYMENTS TO THE STATE OF FLORIDA.--
750	A.  The parties acknowledge and recognize that this Compact
751	provides the Tribe with partial but substantial exclusivity and
752	other valuable consideration consistent with the goals of the
753	Indian Gaming Regulatory Act, including special opportunities
754	for tribal economic development through gaming within the
755	external boundaries of Florida with respect to the play of
756	Covered Games. In consideration thereof, the Tribe covenants and
757	agrees, subject to the conditions agreed upon in Part XII. of
758	this Compact, to make Payments to the State derived from Net Win
759	as set forth in Section B. The Tribe further agrees to convert
760	all of its Class II video bingo terminals (or their equivalents)
761	to Class III slot machines within twenty-four (24) months after
762	the Effective Date of this Compact, or the Payment to the State
763	shall be calculated as if the conversion has been completed,
764	whether or not the Tribe has fully executed its conversion. The
765	Tribe further agrees that it will not purchase or lease any new
766	Class II video bingo terminals (or their equivalents) after the
767	Effective Date of this Compact.
768	B.  Payment schedule.--Subject to the provisions in Part
769	XI. of the Compact, and subject to the limitations agreed upon
770	in Part XII. of the Compact, the amounts paid by the Tribe to
771	the State shall be calculated as follows:
772	1.  For each Revenue Sharing Cycle, the Tribe agrees to pay
773	not less than a Guaranteed Minimum Payment of One Hundred
774	Million Dollars ($100,000,000) if the Revenue Share calculated
775	for that Revenue Sharing Cycle under subsection 3., below, is
776	less than the Guaranteed Minimum Payment.
777	2.  All Guaranteed Minimum Payments shall be deducted from
778	and credited toward the Revenue Share in each Revenue Sharing
779	Cycle set forth below in subsection 3.
780	3.  For each Revenue Sharing Cycles, to the extent that the
781	Revenue Share exceeds the Guaranteed Minimum Payment for each
782	Revenue Sharing Cycle, the Tribe agrees, as further provided in
783	subsection 4., to pay a Revenue Share for that Revenue Sharing
784	Cycle equal to eighteen percent (18 percent) of the Net Win
785	received by the Tribe from the operation and play of Covered
786	Games from each Revenue Sharing Cycle.
787	4.(a)  On or before the fifteenth day of the month
788	following the first month of the Revenue Sharing Cycle, the
789	Tribe will remit to the State the greater amount of eight and
790	one-third percent (8.3 percent) of the estimated annual Revenue
791	Share or eight and one-third percent (8.3 percent) of the
792	Guaranteed Minimum Payment ("the monthly payment").
793	(b)  The Tribe will make available to the State at the time
794	of the monthly payment the basis for the calculation of the
795	Payment.
796	(c)  Each month the Tribe will internally "true up" the
797	calculation of the estimated Revenue Share based on the Tribe's
798	un-audited financial statements related to Covered Games.
799	5.(a)  On or before the forty-fifth day after the third
800	month, sixth month, ninth month, and twelfth month of Revenue
801	Sharing Cycles three through twenty-five (provided that the
802	twelve (12) month period does not coincide with the Tribe's
803	fiscal year end date as indicated in paragraph (c), the Tribe
804	will provide the State with an audit report by its independent
805	auditors as to the accuracy of the annual Revenue Share
806	calculation.
807	(b)  For each quarter of these Revenue Sharing Cycles the
808	Tribe agrees to engage its independent auditors to conduct a
809	review of the un-audited net revenue from Covered Games. On or
810	before the one hundred and twentieth day after the end of the
811	Tribe's fiscal year, the Tribe agrees to require its independent
812	auditors to provide an audit report to verify Net Win for
813	Covered Games and the related Payment of the annual Revenue
814	Share to the SCA for State review.
815	(c)  If the twelfth month of the Revenue Sharing Cycle does
816	not coincide with the Tribe's fiscal year, the Tribe agrees to
817	require its independent auditors to deduct Net Win from Covered
818	Games for any of the months that are outside of the Revenue
819	Sharing Cycle and to include Net Win from Covered Games for
820	those months which fall outside of the Tribe's audit period but
821	fall within the Revenue Sharing Cycle, prior to issuing the
822	audit report.
823	(d)  No later than thirty (30) calendar days after the day
824	the audit report is issued, the Tribe will remit to the State
825	any underpayment of the annual Revenue Share, and the State will
826	either reimburse to the Tribe any overpayment of the annual
827	Revenue Share or authorize the overpayment to be deducted from
828	the next monthly payment.
829	C.  Payments pursuant to Sections A. and B. above shall be
830	made to the State via electronic funds transfer in a manner
831	directed by the SCA. Payments will be due in accordance with the
832	Payment Schedule set forth in Section B. The appropriation of
833	any Payments received by the State pursuant to this Compact lies
834	within the exclusive prerogative of the Legislature.
835	D.  The Annual Oversight Assessment to reimburse the State
836	for the actual costs of the operation of the SCA to perform its
837	monitoring functions as defined in this Compact shall be
838	determined and paid in quarterly installments within thirty (30)
839	calendar days of receipt by the Tribe of an invoice from the
840	SCA. The Tribe reserves the right to audit the invoices on an
841	annual basis, a copy of which will be provided to the SCA, and
842	any discrepancies found therein shall be reconciled within
843	forty-five (45) calendar days of receipt of the audit by the
844	SCA. Out-of-pocket expenses to be incurred by the Governor or
845	his designee performing functions of the SCA unless and until
846	the SCA is designated by the Legislature shall be advanced by
847	the Tribe upon submission of properly documented requests.
848	E.  As provided for 25 U.S.C. s. 2710(b)(2)(B)(v), the
849	Tribe agrees to pay to the State an additional amount equal to 5
850	percent of the annual amount set forth in Section B. of this
851	Part, which funds shall be used for the purposes of offsetting
852	the impacts of the Tribe's facilities on the operations of local
853	governments.
854	F.  With respect to all payments made by the Tribe to the
855	State that were in any way related to benefits of exclusivity in
856	gaming, which payments were remitted before the effective date
857	of this Compact, such moneys shall be deemed forfeited by the
858	Tribe and released to the State without further obligation or
859	encumbrance. Acceptance and appropriation of such funds does not
860	legitimize, validate, or otherwise ratify any previously
861	proposed compact or the operation of class III games by the
862	Tribe for any period prior to the effective date of this
863	Compact.
864	G.  Except as expressly provided in this Part and in Part
865	XIV., nothing in this Compact shall be deemed to require the
866	Tribe to make payments of any kind to the State or any of its
867	agencies.
868
869	PART XII.
870	REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
871	OR OTHER CHANGES IN FLORIDA LAW.--The intent of this Part is to
872	provide the Tribe with the right to operate Covered Games on an
873	exclusive basis throughout the State, subject to the exceptions
874	and provisions set forth below.
875	A.  If Class III gaming as defined in this Compact, or
876	other casino-style gambling where the results of such games are
877	determined through the use of a random number generator, that is
878	not presently authorized by or under Florida law is authorized
879	for any location within the State of Florida that is under the
880	jurisdiction of the State, including but not limited to (1)
881	electronically-assisted bingo or pull-tab games or (2) video
882	lottery terminals (VLTs) or any similar games that allow direct
883	operation of the games by customers of the Florida Lottery, any
884	successor entity or any licensee of the Florida Lottery or any
885	successor entity, and such gambling begins to be offered for
886	public or private use, the Payments due the State pursuant to
887	Part XI., Sections A. and B. of this Compact shall cease until
888	such gambling is no longer operated, in which event the Payments
889	due the State pursuant to Part XI., Sections A. and B. of this
890	Compact shall resume.
891	B.  The following are exceptions to the exclusivity
892	provisions of Section A. above.
893	1.  Any Class III gaming authorized by a compact between
894	the State and any other federally recognized tribe pursuant to
895	the Indian Gaming Regulatory Act will not be a breach or other
896	violation of the exclusivity provisions set forth in Section A.
897	above.
898	2.  If a citizen's initiative amending the state
899	constitution is passed by the voters of Florida authorizing,
900	subject to approval by local referendum and implementation by
901	the Legislature, the operation of slot machines or other Class
902	III games in a jurisdiction not then authorized for such games
903	under Florida law, and after which any entity begins to offer
904	slot machine play or operates or conducts other Class III games
905	authorized pursuant to the constitutional amendment, such
906	activity will not be a breach or violation of the exclusivity
907	provisions set forth in Section A., so long as the Tribe's total
908	annual Net Win from Covered Games and revenues from its
909	remaining Class II video bingo terminals (or their equivalent)
910	exceeds $1.37 billion. In the event revenue sharing payments are
911	discontinued pursuant to this subsection, the abatement of the
912	revenue sharing payments shall only extend until the Tribe's
913	total annual Net Win from Covered Games and revenues from Class
914	II video bingo terminals (or their equivalent) again exceeds
915	$1.37 billion.
916	3.  The conduct of illegal or otherwise unauthorized Class
917	III gaming within the State shall not be considered a breach or
918	other violation of the exclusivity provisions set forth in
919	Section A. above.
920	C.  To the extent that the exclusivity provisions of this
921	Part are discontinued and the Tribe's ongoing Payment
922	obligations to the State pursuant to Part XI., Sections A. and
923	B. of this Compact cease, any outstanding Payments that would
924	have been due the State from the Tribe's Facilities prior to the
925	breach/violation shall be made within thirty (30) business days
926	after cessation.
927	D.  The discontinuation of this Part's exclusivity
928	provisions and the cessation of Payments pursuant to Part XI.,
929	Sections A. and B. of this Compact shall not excuse the Tribe
930	from continuing to comply with all other provisions of this
931	Compact, including continuing to pay the State the Annual
932	Oversight Assessment as set forth in Part XI., Section C. of
933	this Compact. Furthermore, the State shall continue to have the
934	right to monitor the Tribe's compliance with the Compact.
935	E.  In the event that revenue sharing payments to the State
936	made pursuant to Part XI., Sections A. and B. are discontinued
937	under this Part, the annual amount payable to the State for the
938	impacts to local governments under Part XI., Section E. shall be
939	calculated as the amount paid for the last full revenue sharing
940	year. Such payments shall continue to be calculated in such
941	manner until the revenue sharing payments under Part XI.,
942	Sections A. and B. are restored.
943	F.  Nothing in this Compact is intended to affect the
944	ability of the State Legislature to enact laws either further
945	restricting or expanding gambling on non-tribal lands.
946
947	PART XIII.
948	DISPUTE RESOLUTION.--In the event that either party to this
949	Compact believes that the other party has failed to comply with
950	any requirements of this Compact, or in the event of any dispute
951	hereunder, including, but not limited to, a dispute over the
952	proper interpretation of the terms and conditions of this
953	Compact, the goal of the Parties is to resolve all disputes
954	amicably and voluntarily whenever possible. In pursuit of this
955	goal, the following procedures may be invoked:
956	A.  A party asserting noncompliance or seeking an
957	interpretation of this Compact first shall serve written notice
958	on the other party. The notice shall identify the specific
959	Compact provision alleged to have been violated or in dispute
960	and shall specify in detail the asserting party's contention and
961	any factual basis for the claim. Representatives of the Tribe
962	and State shall meet within thirty (30) calendar days of receipt
963	of notice in an effort to resolve the dispute, unless they
964	mutually agree to extend this period.
965	B.  A party asserting noncompliance or seeking an
966	interpretation of this Compact under this Part shall be deemed
967	to have certified that to the best of the party's knowledge,
968	information, and belief formed after reasonable inquiry, the
969	claim of noncompliance or the request for interpretation of this
970	Compact is warranted and made in good faith and not for any
971	improper purpose, such as to harass or to cause unnecessary
972	delay or the needless incurring of the cost of resolving the
973	dispute.
974	C.  If the parties are unable to resolve a dispute through
975	the process specified in Sections A. and B. of this Part, either
976	party can call for mediation under the Commercial Mediation
977	Procedures of the American Arbitration Association (AAA), or any
978	such successor procedures, provided that such mediation does not
979	last more than sixty (60) calendar days, unless an extension to
980	this time limit is mutually agreed to by the parties. The
981	disputes available for resolution through mediation are limited
982	to matters arising under the terms of this Compact.
983	D.  If the parties are unable to resolve a dispute through
984	the process specified in Sections A., B., and C. of this Part,
985	notwithstanding any other provision of law, the State may bring
986	an action against the Tribe in any court of competent
987	jurisdiction regarding any dispute arising under this Compact.
988	The State is entitled to all remedies available under law or in
989	equity.
990	E.  For purposes of actions based on disputes between the
991	State and the Tribe that arise under this Compact and the
992	enforcement of any judgment resulting therefrom, the Tribe
993	expressly waives its right to assert sovereign immunity from
994	suit and from enforcement of any ensuing judgment, and further
995	consents to be sued in federal or state court, including the
996	rights of appeal specified above, as the case may be, provided
997	that (i) the dispute is limited solely to issues arising under
998	this Compact, (ii) there is no claim for monetary damages
999	(except that payment of any money required by the terms of this
1000	Compact, as well as injunctive relief or specific performance
1001	enforcing a provision of this Compact requiring the payment of
1002	money to the State may be sought), and (iii) nothing herein
1003	shall be construed to constitute a waiver of the sovereign
1004	immunity of the Tribe with respect to any third party that is
1005	made a party or intervenes as a party to the action.
1006	F.  The State may not be precluded from pursuing any
1007	mediation or judicial remedy against the Tribe on the grounds
1008	that the State has failed to exhaust its Tribal administrative
1009	remedies.
1010	G.  Notwithstanding anything to the contrary in this Part,
1011	any failure of the Tribe to remit the Payments pursuant to the
1012	terms of Part XI. will entitle the State to seek mandatory
1013	injunctive relief in federal or state court, at the State's
1014	election, to compel the Payments after exhausting the dispute
1015	resolution process in Sections A. and B. of this Part.
1016	H.  The State shall be entitled to seek immediate
1017	injunctive relief in the event the Tribe offers or continues to
1018	offer Class III games not authorized under this Compact.
1019	I.  If the parties are unable to resolve a dispute
1020	involving a claim by the Tribe against the State through the
1021	process specified in Sections A., B., and C. of this Part,
1022	notwithstanding any other provision of law, the Tribe may invoke
1023	non-binding arbitration of the dispute under the Commercial
1024	Arbitration Rules of the American Arbitration Association. The
1025	arbitrators' decision may not be enforced in any court. If the
1026	arbitrators find that the State is not in compliance with the
1027	Compact, the State shall have the opportunity to challenge the
1028	decision of the arbitrators by bringing an independent action
1029	against the Tribe in federal district court ("federal court")
1030	regarding the dispute underlying the arbitration in a district
1031	in which the federal court has venue. If the federal court
1032	declines to exercise jurisdiction, or federal precedent exists
1033	that rules that the federal court would not have jurisdiction
1034	over such a dispute, the State may bring the action in the
1035	Courts of the Seventeenth Judicial Circuit in and for Broward
1036	County, Florida. The State is entitled to all rights of appeal
1037	permitted by law in the court system in which the action is
1038	brought. The State shall be entitled to de novo review of the
1039	arbitrators' decision under this Section. For the purpose of
1040	this Section, the Tribe agrees to waive its immunity as provided
1041	in Section E. of this Part.
1042	J.  If the arbitrators find that the State is not in
1043	compliance with the Compact and the State fails to file suit as
1044	provided above within sixty (60) calendar days of the
1045	arbitrators' decision or fails to maintain the suit through
1046	final judgment, including appeals, without the agreement of the
1047	Tribe, the Tribe may suspend Payment under Part XI. until the
1048	State comes into compliance with the arbitrators' decision.
1049	K.  If the State files suit as provided above and a final
1050	judgment is rendered by the court, the failure of the State to
1051	comply with the judgment shall constitute grounds for the Tribe
1052	to suspend Payment under Part XI. until the State comes into
1053	compliance with the court's judgment.
1054
1055	PART XIV.
1056	Collection of Sales Tax on Sales to Non-Tribal Members.--
1057	A.  In addition to the Tribe's payments to the State set
1058	forth in Part XI., the Tribe shall collect and remit to the
1059	Florida Department of Revenue the taxes imposed by Chapter 212,
1060	Florida Statutes, on all sales to non-tribal members, except
1061	those non-tribal members who hold valid exemption certificates
1062	issued by the Florida Department of Revenue, exempting the sales
1063	from taxes imposed by Chapter 212, Florida Statutes.
1064	B.  The Tribe shall register with the Department of Revenue
1065	and shall remit to the Department of Revenue the taxes collected
1066	pursuant to Section A. of this Part.
1067	C.  The Tribe shall retain for at least a period of five
1068	(5) years records of all sales to non-tribal members which are
1069	subject to taxation under Chapter 212, Florida Statutes. The
1070	Department of Revenue may conduct an audit not more often than
1071	annually in order to verify such collections. The Tribe shall
1072	provide reasonable access during normal operating hours to
1073	records of transactions subject to the taxes collected pursuant
1074	to Section A. of this Part.
1075	D.  Any disputes about the amounts collected pursuant to
1076	Section A. of this Part shall be resolved as provided for in
1077	Part XIII. of this Compact. For purposes of this Section, the
1078	Tribe agrees to waive its immunity as provided for in Part
1079	XIII., Section E. of this compact, except that the state may
1080	seek monetary damages limited to the amount of taxes owed.
1081
1082	PART XV.
1083	CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.--
1084	A.  If any provision of this Compact is held by a court of
1085	competent jurisdiction to be invalid, this Compact will become
1086	null and void. If any provision, part, section, or subsection of
1087	this Compact is determined by a federal district court in
1088	Florida or other court of competent jurisdiction to impose a
1089	mandatory duty on the State of Florida that requires
1090	authorization by the Florida Legislature, the duty conferred by
1091	that particular provision, part, section or subsection shall no
1092	longer be mandatory but will be deemed to be a matter within the
1093	discretion of the Governor or other State officers, subject to
1094	such legislative approval as may be required by Florida law.
1095	B.  It is understood that Part XII. of this Compact, which
1096	provides for a cessation of the Payments to the State under Part
1097	XI., does not create any duty on the State of Florida but only a
1098	remedy for the Tribe if Class III gambling under state
1099	jurisdiction is expanded by an act of the Legislature.
1100	C.  This Compact is intended to meet the requirements of
1101	the Indian Gaming Regulatory Act as it reads on the Effective
1102	Date of this Compact, and where reference is made to the Indian
1103	Gaming Regulatory Act, or to an implementing regulation thereof,
1104	the reference is deemed to have been incorporated into this
1105	document as if set in full. Subsequent changes to the Indian
1106	Gaming Regulatory Act that diminish the rights of the State or
1107	Tribe may not be applied retroactively to alter the terms of
1108	this Compact, except to the extent that federal law validly
1109	mandates that retroactive application without the respective
1110	consent of the State or Tribe.
1111	D.  Neither the presence in another tribal-state compact of
1112	language that is not included in this Compact, nor the absence
1113	in this Compact of language that is present in another tribal-
1114	state compact shall be a factor in construing the terms of this
1115	Compact.
1116	E.  The parties shall cooperate in seeking approval of this
1117	Compact from the Secretary of the Interior and the parties
1118	further agree that, upon execution, the Tribe shall submit the
1119	Compact to the Secretary forthwith.
1120
1121	PART XVI.
1122	NOTICES.--All notices required under this Compact shall be
1123	given by (i) certified mail, return receipt requested, (ii)
1124	commercial overnight courier service, or (iii) personal
1125	delivery, to the following persons:
1126	A.  The Governor.
1127	B.  The General Counsel to the Governor.
1128	C.  The Chair of the Seminole Tribe of Florida.
1129	D.  The General Counsel to the Seminole Tribe of Florida.
1130
1131	PART XVII.
1132	EFFECTIVE DATE & TERM.--
1133	A.  This Compact shall become effective upon its approval
1134	by the Secretary of the Interior as a tribal-state compact
1135	within the meaning of the Indian Gaming Regulatory Act either by
1136	publication of the notice of approval in the Federal Register or
1137	by operation of law under 25 U.S.C. s. 2710(d)(7)(C).
1138	B.  This Compact shall have a term of ten (10) years,
1139	beginning on the first day of the month following the month in
1140	which the Compact becomes effective under Section A. of this
1141	Part. This Compact shall remain in full force and effect until
1142	the sooner of expiration of its terms or until terminated by
1143	mutual agreement of the parties.
1144
1145	PART XVIII.
1146	AMENDMENT OF COMPACT AND REFERENCES.--Amendment of this
1147	Compact may only be made by written agreement of the parties,
1148	subject to approval by the Secretary either by publication of
1149	the notice of approval in the Federal Register or by operation
1150	of law under 25 U.S.C. s. 2710(d)(7)(C). Changes in the
1151	provisions of tribal ordinances, regulations, and procedures
1152	referenced in this Compact may be made by the Tribe with thirty
1153	(30) calendar days advance notice to the State. If the State has
1154	an objection to any change to the tribal ordinance, regulation
1155	or procedure which is the subject of the notice on the ground
1156	that its adoption would be a violation of the Tribe's
1157	obligations under this Compact, the State may invoke the dispute
1158	resolution provisions provided in Part XIII. of this Compact.
1159
1160	PART XIX.
1161	MISCELLANEOUS.--
1162	A.  Except to the extent expressly provided in this
1163	Compact, this Compact is not intended to, and shall not be
1164	construed to, create any right on the part of a third party to
1165	bring an action to enforce any of its terms.
1166	B.  If, after the Effective Date of this Compact, the State
1167	enters into a Compact with any other Tribe that contains more
1168	favorable terms with respect to any of the provisions of this
1169	Compact and the U.S. Secretary of the Interior approves such
1170	compact, either by publication of the notice of approval in the
1171	Federal Register or by operation of law under 25 U.S.C. s.
1172	2710(d)(7)(C), upon tribal notice to the State and the
1173	Secretary, this Compact shall be deemed amended to contain the
1174	more favorable terms, unless the State objects to the change and
1175	can demonstrate, in a proceeding commenced under Part XIII.,
1176	that the terms in question are not more favorable.
1177	C.  Upon the occurrence of certain events beyond the
1178	Tribe's control, including acts of God, war, terrorism, fires,
1179	floods, or accidents causing damage to or destruction of one or
1180	more of its Facilities or property necessary to operate the
1181	Facility(ies), (i) the Tribe's obligation to pay the Guaranteed
1182	Minimum Payment described in Part XI. shall be reduced pro rata
1183	to reflect the percentage of the total Net Win lost to the Tribe
1184	from the impacted Facility(ies) and (ii) the Net Win specified
1185	under Part XII., Section B., for purposes of determining whether
1186	the Tribe's Payments described in Part XI. shall cease, shall be
1187	reduced pro rata to reflect the percentage of the total Net Win
1188	lost to the Tribe from the impacted Facility(ies), with the
1189	proviso that if Payments to the State have already stopped under
1190	the provisions of Part XII., Section B., the provisions of this
1191	Section shall not trigger a resumption of payments under that
1192	Part. The foregoing shall not excuse any obligations of the
1193	Tribe to make Payments to the State as and when required
1194	hereunder or in any related document or agreement.
1195	D.  The Tribe and the State recognize that opportunities to
1196	engage in gaming in smoke-free or reduced-smoke environments
1197	provides both health and other benefits to Patrons, and the
1198	Tribe has already instituted a non-smoking section at its
1199	Seminole Hard Rock Hotel & Casino - Hollywood Facility. As part
1200	of its continuing commitment to this issue, the Tribe will:
1201	1.  Install and utilize a ventilation system at all new
1202	construction at its Facilities, which system exhausts tobacco
1203	smoke to the extent reasonably feasible under existing state-of-
1204	the-art technology; and
1205	2.  Designate a smoke-free area for slot machines at all
1206	new construction at its Facilities.
1207	3.  Install non-smoking, vented tables for table games in
1208	its Facilities sufficient to respond to demand for such tables.
1209	E.  The annual average minimum pay-out of all slot machines
1210	in each Facility shall not be less than eighty-five percent (85
1211	percent).
1212	F.  Nothing in this Compact shall alter any of the existing
1213	memoranda of understanding, contracts, or other agreements
1214	entered into between the Tribe and any other federal, state, or
1215	local governmental entity.
1216	G.  The Tribe currently has as set forth in its Employee
1217	Fair Treatment and Dispute Resolution Policy, and agrees to
1218	maintain, standards that are comparable to the standards
1219	provided in federal laws and State laws forbidding employers
1220	from discrimination in connection with the employment of persons
1221	working at the Facilities on the basis of race, color, religion,
1222	national origin, gender, age, disability/handicap, or marital
1223	status. Nothing herein shall preclude the Tribe from giving
1224	preference in employment, promotion, seniority, lay-offs or
1225	retention to members of the Tribe and other federally recognized
1226	tribes. The Tribe will comply with all federal and state labor
1227	laws, where applicable.
1228	Section 2.  This act shall take effect upon becoming a law.

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