Amendment
Bill No. CS/CS for SB 788

Amendment No. 386451

CHAMBER ACTION
Senate		House
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1	Representative Galvano offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Section 285.711, Florida Statutes, is created
7	to read:
8	285.711  Gaming compact between the Seminole Tribe and the
9	State of Florida.--The Governor is authorized and directed to
10	negotiate and execute a gaming compact with the Seminole Tribe
11	of Florida on behalf of the State of Florida subject to
12	ratification by the Legislature in the form substantially as
13	follows:
14
15	Gaming Compact Between the Seminole Tribe of Florida and the
16	State of Florida
17
18	This compact is made and entered into by and between the
19	Seminole Tribe of Florida, a federally recognized Indian Tribe
20	and the State of Florida, with respect to the operation of
21	covered games on the Tribe's Indian lands as defined by the
22	Indian Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq.
23
24	PART I.
25	TITLE.--This Compact shall be referred to as the "Seminole
26	Tribe of Florida and State of Florida Gaming Compact."
27
28	PART II.
29	RECITALS.--
30	A.  The Seminole Tribe of Florida is a federally recognized
31	tribal government possessing sovereign powers and rights of
32	self-government.
33	B.  The State of Florida is a state of the United States of
34	America possessing the sovereign powers and rights of a state.
35	C.  The State of Florida and the Seminole Tribe of Florida
36	maintain a government-to-government relationship.
37	D.  The United States Supreme Court has long recognized the
38	right of an Indian Tribe to regulate activity on lands within
39	its jurisdiction, but the Congress, through the Indian Gaming
40	Regulatory Act, has given states a role in the conduct of tribal
41	gaming in accordance with negotiated tribal-state compacts.
42	E.  Pursuant to the Seminole Tribe Amended Gaming
43	Ordinance, adopted by Resolution No. C-195-06, and approved by
44	the National Indian Gaming Commission on July 10, 2006,
45	hereafter referred to as the Seminole Tribal Gaming Code, the
46	Seminole Tribe of Florida desires to offer the play of Covered
47	Games, as defined in Part III. of this Compact, as a means of
48	generating revenues for purposes authorized by the Indian Gaming
49	Regulatory Act, including without limitation the support of
50	tribal governmental programs, such as health care, housing,
51	sewer and water projects, police, fire suppression, general
52	assistance for tribal elders, day care for children, economic
53	development, educational opportunities, per capita payments to
54	tribal members and other typical and valuable governmental
55	services and programs for tribal members.
56	F.  It is in the best interest of the State of Florida to
57	enter into a compact with the Seminole Tribe of Florida. This
58	compact will generally benefit Florida, while at the same time
59	limiting the expansion of gaming within the State. The State of
60	Florida also recognizes that the significant revenue
61	participation pursuant to the Compact in exchange for its
62	exclusivity provisions provide an opportunity to increase and
63	enhance the dollars available to spend on governmental programs
64	that benefit the citizens of Florida.
65
66	PART III.
67	DEFINITIONS.--As used in this Compact and the Appendices
68	thereto:
69	A.  "Annual Oversight Assessment" means the assessment
70	described in Part XI., Section C. of this Compact.
71	B.  "Class III gaming" means the forms of Class III gaming
72	defined in 25 U.S.C. s. 2703(8) and by the regulations of the
73	National Indian Gaming Commission.
74	C.  "Commission" means the Seminole Tribal Gaming
75	Commission, which is the tribal governmental agency that has the
76	authority to carry out the Tribe's regulatory and oversight
77	responsibilities under this Compact.
78	D.  "Compact" means the Seminole Tribe of Florida and State
79	of Florida Gaming Compact.
80	E.  "Covered Game" or "Covered Gaming Activity" means the
81	following Class III gaming activities:
82	1.(a)  Slot machines, meaning any mechanical or electrical
83	contrivance, terminal that may or may not be capable of
84	downloading slot games from a central server system, machine, or
85	other device that, upon insertion of a coin, bill, ticket,
86	token, or similar object or upon payment of any consideration
87	whatsoever, including the use of any electronic payment system,
88	except a credit card or debit card, is available to play or
89	operate, the play or operation of which, whether by reason of
90	skill or application of the element of chance or both, may
91	deliver or entitle the person or persons playing or operating
92	the contrivance, terminal, machine, or other device to receive
93	cash, billets, tickets, tokens, or electronic credits to be
94	exchanged for cash or to receive merchandise or anything of
95	value whatsoever, whether the payoff is made automatically from
96	the machine or manually. The term includes associated equipment
97	necessary to conduct the operation of the contrivance, terminal,
98	machine, or other device. Slot machines may use spinning reels,
99	video displays, or both.
100	(b)  If at any time, State law authorizes alters, amends,
101	or otherwise changes the definition of slot machines said
102	definition will apply.
103	2.  High stakes poker games, as provided in Part V.,
104	Section K.; and
105	3.  This definition specifically does not include banking
106	or banked card games, including baccarat, chemin de fer and
107	blackjack, roulette, craps, roulette-styled games, or craps-
108	styled games.
109	F.  "Covered Game Employee" or "Covered Employee" means any
110	individual employed and licensed by the Tribe whose
111	responsibilities include the rendering of services with respect
112	to the operation, maintenance or management of Covered Games,
113	including, but not limited to, the following: managers and
114	assistant managers; accounting personnel; Commission officers;
115	surveillance and security personnel; cashiers, supervisors, and
116	floor personnel; cage personnel; and any other employee whose
117	employment duties require or authorize access to areas of the
118	Facility related to the conduct of Covered Games or the
119	technical support or storage of Covered Game components. This
120	definition does not include the Tribe's elected officials
121	provided that such individuals are not directly involved in the
122	operation, maintenance, or management of Covered Games or
123	Covered Games components.
124	G.  "Documents" means books, records, electronic, magnetic
125	and computer media documents and other writings and materials,
126	copies thereof, and information contained therein.
127	H.  "Effective Date" means the date on which the Compact
128	becomes effective pursuant to Part XVII., Section A. of this
129	Compact.
130	I.  "Facility" or "Facilities" means any building of the
131	Tribe in which the Covered Games authorized by this Compact are
132	conducted on Indian lands as defined by the Indian Gaming
133	Regulatory Act.
134	J.  "Guaranteed Minimum Payment" means the minimum Payment
135	the Tribe agrees to make to the State as provided by Part XI. of
136	the Compact.
137	K.  "Indian Gaming Regulatory Act" or "IGRA" means the
138	Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
139	1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
140	and 18 U.S.C. ss. 1166-1168.
141	L.  "Net Poker Income" means the total revenue from all
142	hands played, including buy-ins and rebuys.
143	M.  "Net Win" means the total receipts from the play of all
144	Covered Games less all prize payouts.
145	N.  "Non-tribal member" means a person who is not a bona
146	fide member of an Indian tribe as defined in 25 U.S.C. s.
147	2703(5).
148	O.  "Patron" means any person who is on the premises of a
149	Facility, or who is entering the Tribe's Indian lands for the
150	purpose of playing Covered Games authorized by this Compact.
151	P.  "Reservation" means any of the seven Tribal locations
152	currently with gaming facilities, specifically enumerated in
153	Part IV., Section B.
154	Q.  "Revenue Share" means the periodic payment by the Tribe
155	to the State provided for in Part XI., Sections A. and B. of
156	this Compact.
157	R.  "Revenue Sharing Cycle" means the annual (12-month)
158	period of the Tribe's operation of Covered Games in its
159	Facilities and whose first annual Cycle shall commence on the
160	day the Tribe makes Covered Games available for public play in
161	its Facilities.
162	S.  "Rules and regulations" means the rules and regulations
163	promulgated by the Commission for implementation of this
164	Compact.
165	T.  "State" means the State of Florida.
166	U.  "State Compliance Agency" or "SCA" means any state
167	agency that has the authority granted by the Legislature to
168	carry out the State's oversight responsibilities under this
169	Compact. The SCA shall be the Governor or his designee unless
170	and until an SCA has been designated by the Legislature for this
171	purpose.
172	V.  "Tribe" means the Seminole Tribe of Florida or any
173	affiliate thereof conducting activities pursuant to this Compact
174	under the authority of the Seminole Tribe of Florida.
175
176	PART IV.
177	AUTHORIZATION AND LOCATION OF COVERED GAMES.--
178	A.  The Tribe and State agree that the Tribe is authorized
179	to operate Covered Games on its Indian lands, as defined in the
180	Indian Gaming Regulatory Act, in accordance with the provisions
181	of this Compact. However, except for the provisions in Part XI.,
182	Section A. below, nothing in this Compact shall limit the
183	Tribe's right to operate any game that is Class II under the
184	Indian Gaming Regulatory Act.
185	B.  The Tribe is authorized to conduct Covered Games under
186	this Compact at only the following seven existing gaming
187	Facilities on Tribal lands:
188	1.  Seminole Indian Casino on the Brighton Indian
189	Reservation in Okeechobee County.
190	2.  Seminole Indian Casino in the City of Coconut Creek in
191	Broward County.
192	3.  Seminole Indian Casino in the City of Hollywood in
193	Broward County.
194	4.  Seminole Indian Casino in Immokalee in Collier County.
195	5.  Seminole Indian Big Cypress Casino in the City of
196	Clewiston in Hendry County.
197	6.  Seminole Hard Rock Hotel & Casino in the City of
198	Hollywood in Broward County.
199	7.  Seminole Hard Rock Hotel & Casino in the City of Tampa
200	in Hillsborough County.
201	C.  Any of the identified Facilities in Section B. may be
202	expanded or replaced by another Facility on the same reservation
203	with advance notice to the State of sixty (60) calendar days,
204	subject to the understanding that the number of existing
205	Facilities on each reservation and the number of reservations
206	upon which Class III gaming is authorized shall remain the same
207	as provided in Section B.
208
209	PART V.
210	RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
211	OPERATIONS.--
212	A.  At all times during the Term of this Compact, the Tribe
213	shall be responsible for all duties which are assigned to it and
214	the Commission under this Compact. The Tribe shall promulgate
215	any rules and regulations necessary to implement this Compact,
216	which at a minimum shall expressly include or incorporate by
217	reference all provisions of this Part and the procedural
218	requirements of Part VI. of this Compact. Nothing in this
219	Compact shall be construed to affect the Tribe's right to amend
220	its rules and regulations, provided that any such amendment
221	shall be in conformity with this Compact and subject to approval
222	by the SCA. The SCA may propose additional rules and regulations
223	consistent with and related to the implementation of this
224	Compact to the Commission at any time, and the Commission shall
225	give good faith consideration to such suggestions and shall
226	notify the SCA of its response or action with respect thereto.
227	B.  All Facilities shall comply with, and all Covered Games
228	approved under this Compact shall be operated in accordance
229	with, the requirements set forth in this Compact, including, but
230	not limited to, those set forth in Sections C. and D. of this
231	Part and the Tribe's Internal Control Policies and Procedures.
232	In addition, all Facilities and all Covered Games shall be
233	operated in strict compliance with tribal internal control
234	standards that provide a level of control that equals or exceeds
235	those set forth in the National Indian Gaming Commission's
236	Minimum Internal Control Standards (25 C.F.R. Part 542), as the
237	same may be amended or supplemented from time to time.
238	C.  The Tribe and the Commission shall retain all records
239	in compliance with the requirements set forth in the Record
240	Retention Policies and Procedures.
241	D.  The Tribe will continue and maintain its program to
242	combat problem gambling and curtail compulsive gambling,
243	including work with the Florida Council on Compulsive Gambling
244	or other organization dedicated to assisting problem gamblers.
245	The Tribe will continue to maintain the following safeguards
246	against problem gambling.
247	1.  The Tribe will provide a comprehensive training and
248	education program designed in cooperation with the Florida
249	Council on Compulsive Gambling (or other organization dedicated
250	to assisting problem gamblers) to every new gaming employee.
251	2.  The Tribe will make printed materials available to
252	Patrons, which include contact information for the Florida
253	Council on Compulsive Gambling 24-Hour Helpline (or other
254	hotline dedicated to assisting problem gamblers), and will work
255	with the Florida Council on Compulsive Gambling (or other
256	organization dedicated to assisting problem gamblers) to provide
257	contact information for the Florida Council on Compulsive
258	Gambling (or other organization dedicated to assisting problem
259	gamblers), and to provide such information on the Facilities'
260	internet website. The Tribe will continue to display all
261	literature from the Florida Council on Compulsive Gambling (or
262	other organization dedicated to assisting problem gamblers)
263	within the Facilities.
264	3.  The Commission shall establish a list of the Patrons
265	voluntarily excluded from the Tribe's Facilities, pursuant to
266	subsection 5.
267	4.  The Tribe shall employ its best efforts to exclude
268	Patrons on such list from entry into its Facilities; provided
269	that nothing in this Compact shall create for Patrons who are
270	excluded but gain access to the Facilities, or any other person,
271	a cause of action or claim against the State, the Tribe or the
272	Commission or any other person, entity, or agency for failing to
273	enforce such exclusion.
274	5.  Patrons who believe they may be playing Covered Games
275	on a compulsive basis may request that their names be placed on
276	the list of the Patrons voluntarily excluded from the Tribe's
277	Facilities.
278	6.  All Covered Game employees shall receive training on
279	identifying players who have a problem with compulsive gambling
280	and shall be instructed to ask them to leave. Signs bearing a
281	toll-free help-line number and educational and informational
282	materials shall be made available at conspicuous locations and
283	automated teller machines in each Facility, which aim at the
284	prevention of problem gaming and which specify where Patrons may
285	receive counseling or assistance for gambling problems. All
286	Covered Game employees shall also be screened for compulsive
287	gambling habits. Nothing in this Section shall create for
288	Patrons, or any other person, a cause of action or claim against
289	the State, the Tribe or the Commission or any other person,
290	entity, or agency for failing to identify a Patron or person who
291	is a compulsive gambler and/or ask that person to leave.
292	7.  The Tribe shall follow the rules for exclusion of
293	Patrons set forth in Article XI of the Seminole Tribal Gaming
294	Code.
295	8.  The Tribe shall make diligent efforts to prevent
296	underage individuals from loitering in the area of each Facility
297	where the Covered Games take place.
298	9.  The Tribe shall assure that advertising and marketing
299	of the Covered Games at the Facilities contain a responsible
300	gambling message and a toll-free help-line number for problem
301	gamblers, where practical, and that they make no false or
302	misleading claims.
303	E.  Summaries of the rules for playing Covered Games and
304	promotional contests shall be visibly displayed in the
305	Facilities. Complete sets of rules shall be available in the
306	Facilities upon request. Copies of all such rules shall be
307	provided to the SCA within thirty (30) calendar days of their
308	issuance or their amendment.
309	F.  The Tribe shall provide the Commission and SCA with a
310	chart of the supervisory lines of authority with respect to
311	those directly responsible for the conduct of Covered Games, and
312	shall promptly notify those agencies of any material changes
313	thereto.
314	G.  The Tribe engages in and shall continue to maintain
315	proactive approaches to prevent improper alcohol sales, drunk
316	driving, underage drinking, and underage gambling. These
317	approaches involve intensive staff training, screening and
318	certification, Patron education, and the use of security
319	personnel and surveillance equipment in order to enhance
320	Patrons' enjoyment of the Facilities and provide for Patron
321	safety. Staff training includes specialized employee training in
322	nonviolent crisis intervention, driver's license verification
323	and the detection of intoxication. Patron education is carried
324	out through notices transmitted on valet parking stubs, posted
325	signs in the Facilities and in brochures. Roving and fixed
326	security officers, along with surveillance cameras, assist in
327	the detection of intoxicated Patrons, investigate problems, and
328	engage with Patrons to de-escalate volatile situations. To help
329	prevent alcohol-related crashes, the Tribe will continue to
330	operate the "Safe Ride Home Program," a free taxi service.
331	Additionally, to reduce risks of underage gambling and underage
332	drinking, the Tribe will continue to prohibit entry onto the
333	casino floor of anyone under eighteen (18) years of age. The
334	Tribe shall maintain these programs and policies in its Alcohol
335	Beverage Control Act for the duration of the Compact but may
336	replace such programs and policies with either stricter or more
337	extensive programs and policies. The Tribe shall provide the
338	State with written notice of any changes to the programs and
339	policies in the Tribe's Alcohol Beverage Control Act, which
340	notice shall include a copy of such changes and shall be sent on
341	or before the effective date of the change. Nothing in this
342	Section shall create for Patrons, or any other person, a cause
343	of action or claim against the State, the Tribe or the
344	Commission or any other person, entity, or agency for failing to
345	fulfill the requirements of this Section.
346	H.  No person under twenty-one (21) years of age shall be
347	allowed to play Covered Games.
348	I.  The Tribe may establish and operate Facilities that
349	operate Covered Games only on the reservations as defined by the
350	Indian Gaming Regulatory Act and as specified in Part IV. of
351	this Compact.
352	J.  The Commission shall keep a record of, and shall report
353	at least quarterly to the SCA, the number of Covered Games in
354	each Facility, by the name or type of each and its identifying
355	number.
356	K.  The Tribe presently conducts and shall continue to
357	conduct poker in each of its Facilities in compliance with
358	provisions of Florida law, including provisions that limit
359	wagers and pot sizes. However, the Tribe may hold up to two (2)
360	celebrity/charity poker tournaments per year in each of its
361	Facilities that are not subject to the limitations and
362	restrictions imposed by Florida law, provided that a minimum of
363	one hundred percent (100 percent) of the Net Poker Income from
364	each poker tournament is donated to a charitable organization
365	organized pursuant to Section 501(c)(3) of the Internal Revenue
366	Code. The maximum number of days a celebrity/charity tournament
367	will be played is eight (8) calendar days during the month a
368	tournament is hosted. Any payments made to charitable
369	organizations pursuant to this Part shall not be calculated as
370	Net Win for purpose of payments to the State under Part XI.
371	L.  The Tribe and the Commission shall make available a
372	copy of the following documents to any member of the public upon
373	request: the minimum internal control standards of the National
374	Indian Gaming Commission; the Seminole Tribal Gaming Code; this
375	Compact; the rules of each Covered Game operated by the Tribe;
376	and the administrative procedures for addressing Patron tort
377	claims under Part VI.
378	M.  Cessation of Banking or Banked Card Games. The Tribe
379	shall stop all banked card games within ninety (90) days after
380	the effective date of this Compact.
381
382	PART VI.
383	PATRON DISPUTES; WORKERS COMPENSATION: TORT CLAIMS; PRIZE
384	CLAIMS; LIMITED CONSENT TO SUIT.--
385	A.  All patron disputes involving gaming will be resolved
386	in accordance with the procedures established in Article XI of
387	the Seminole Tribal Gaming Code.
388	B.  Tort claims by employees of the Tribe's Facilities will
389	be handled pursuant to the provisions of the Tribe's Workers'
390	Compensation Ordinance, which shall provide workers the same or
391	better protections as set forth in Florida's workers
392	compensation laws.
393	C.  Disputes by employees of the Tribe's Facilities will be
394	handled pursuant to the provisions of the Tribe's policy for
395	gaming employees, the Employee Fair Treatment and Dispute
396	Resolution Policy.
397	D.1.  A Patron who claims to have been injured in a
398	Facility where Covered Games are played is required to provide
399	written notice to the Tribe's Risk Management Department or the
400	Facility, in a reasonable and timely manner.
401	2.  The Tribe shall have ten (10) days to respond to a
402	claim made by a Patron. When the Tribe responds to an incident
403	alleged to have caused a Patron's injury or illness, the Tribe
404	shall provide a claim form to the Patron. It is the Patron's
405	responsibility to complete the form and forward the form to the
406	Tribe's Risk Management Department within a reasonable period of
407	time, and in a reasonable and timely manner.
408	3.  Upon receiving written notification of the claim, the
409	Tribe's Risk Management Department shall forward the
410	notification to the Tribe's insurance carrier. The Tribe will
411	use its best efforts to assure that the insurance carrier
412	contacts the Patron within a reasonable period of time following
413	receipt of the claim.
414	4.  The insurance carrier will handle the claim to
415	conclusion. If the Patron and the insurance carrier are not able
416	to resolve the claim, the Patron may bring a tort claim against
417	the Tribe in any court of competent jurisdiction in the County
418	in which the incident occurred, subject to a four (4) year
419	statute of limitations, which shall begin to run from the date
420	of the incident of the alleged claimed injury. Nothing in this
421	Part shall preclude a patron asserting a tort claim against the
422	Tribe from immediately filing suit in any court of competent
423	jurisdiction without resorting to or exhausting tribal remedies
424	5.  In no event shall the Tribe be deemed to have waived
425	its tribal immunity from suit beyond $500,000 for an individual
426	tort claim and $1,000,000 for the tort claims of all persons or
427	entities claiming injury in tort arising out of a single event
428	or occurrence. These limitations are intended to include
429	liability for compensatory damages as well as any costs, pre-
430	judgment interest and attorneys fees arising out of any claim
431	brought or asserted against the Tribe, its subordinate
432	governmental and economic units as well as any Tribal officials,
433	employees, servants or agents in their official capacities.
434	6.  The Tribe shall obtain and maintain a commercial
435	general liability policy which provides coverage of no less than
436	$1,000,000 per occurrence and $10,000,000 in the aggregate for
437	bodily injury, personal injury, and property damage arising out
438	of, connected with, or relating to the operation of Facilities
439	where Covered Games are offered.
440	7.  Notices explaining the procedures and time limitations
441	with respect to making a tort claim shall be prominently
442	displayed in the Facilities, posted on the Tribe's website, and
443	provided to any Patron for whom the Tribe has notice of the
444	injury or property damage giving rise to the tort claim. Such
445	notices shall explain the method and places for making a tort
446	claim.
447
448	PART VII.
449	ENFORCEMENT OF COMPACT PROVISIONS.--
450	A.  The Tribe and the Commission shall be responsible for
451	regulating activities pursuant to this Compact. As part of its
452	responsibilities, the Tribe has adopted or issued standards
453	designed to ensure that the Facilities are constructed, operated
454	and maintained in a manner that adequately protects the
455	environment and public health and safety. Additionally, the
456	Tribe shall ensure that:
457	1.  Operation of the conduct of Covered Games is in strict
458	compliance with (i) the Seminole Tribal Gaming Code, (ii) all
459	rules, regulations, procedures, specifications, and standards
460	lawfully adopted by the National Indian Gaming Commission and
461	the Commission, and (iii) the provisions of this Compact,
462	including, but not limited to, the standards and the Tribe's
463	rules and regulations set forth in the Appendices;
464	2.  Reasonable measures are taken to:
465	(a)  Assure the physical safety of Facility Patrons,
466	employees, and any other person while in the Facility;
467	(b)  Prevent illegal activity at the Facilities or with
468	regard to the operation of Covered Games, including, but not
469	limited to, the maintenance of employee procedures and a
470	surveillance system;
471	(c)  Ensure prompt notification is given to appropriate law
472	enforcement authorities of persons who may be involved in
473	illegal acts in accordance with applicable law;
474	(d)  Ensure that the construction and maintenance of the
475	Facilities comply with the standards of the Florida Building
476	Code, the provisions of which the Tribe has adopted as the
477	Seminole Tribal Building Code; and
478	(e)  Ensure adequate emergency access plans have been
479	prepared to ensure the health and safety of all Covered Game
480	Patrons.
481	B.  All licenses for members and employees of the
482	Commission shall be issued according to the same standards and
483	terms applicable to Facility employees. The Commission's
484	compliance officers shall be independent of the Tribal gaming
485	operations, and shall be supervised by and accountable only to
486	the Commission. A Commission compliance officer shall be
487	available to the Facility during all hours of operation upon
488	reasonable notice, and shall have immediate access to any and
489	all areas of the Facility for the purpose of ensuring compliance
490	with the provisions of this Compact. The Commission shall
491	investigate any such suspected or reported violation of this
492	Part and shall officially enter into its files timely written
493	reports of investigations and any action taken thereon, and
494	shall forward copies of such investigative reports to the SCA
495	within thirty (30) calendar days of such filing. The scope of
496	such reporting shall be determined by a Memorandum of
497	Understanding between the Commission and the SCA as soon as
498	practicable after the Effective Date of this Compact. Any such
499	violations shall be reported immediately to the Commission, and
500	the Commission shall immediately forward the same to the SCA. In
501	addition, the Commission shall promptly report to the SCA any
502	such violations which it independently discovers.
503	C.  In order to develop and foster a positive and effective
504	relationship in the enforcement of the provisions of this
505	Compact, representatives of the Commission and the SCA shall
506	meet, not less than on an annual basis, to review past practices
507	and examine methods to improve the regulatory scheme created by
508	this Compact. The meetings shall take place at a location
509	mutually agreed to by the Commission and the SCA. The SCA, prior
510	to or during such meetings, shall disclose to the Commission any
511	concerns, suspected activities, or pending matters reasonably
512	believed to possibly constitute violations of this Compact by
513	any person, organization or entity, if such disclosure will not
514	compromise the interest sought to be protected.
515
516	PART VIII.
517	STATE MONITORING OF COMPACT.--
518	A.  The State may secure an annual independent financial
519	audit of the conduct of Covered Games subject to this Compact.
520	The audit shall examine revenues in connection with the conduct
521	of Covered Games and shall include only those matters necessary
522	to verify the determination of Net Win and the basis and amount
523	of, and the right to, and the amount of the Payments the Tribe
524	is obligated to make to the State pursuant to Part XI. of this
525	Compact and as defined by this Compact. A copy of the audit
526	report for the conduct of Covered Games shall be submitted to
527	the Commission within thirty (30) calendar days of completion.
528	Representatives of the SCA may, upon request, meet with the
529	Tribe and its auditors to discuss the audit or any matters in
530	connection therewith; provided, such discussions are limited to
531	Covered Games information. The annual independent financial
532	audit shall be performed by an independent accounting firm, with
533	experience in auditing casino operations, selected by the State,
534	subject to the consent of the Tribe, which shall not be
535	unreasonably withheld. The Tribe shall pay the accounting firm
536	for the costs of the annual independent financial audit.
537	B.  The SCA may, pursuant to the provisions of this
538	Compact, monitor the conduct of Covered Games to ensure that the
539	Covered Games are conducted in compliance with the provisions of
540	this Compact. In order to properly monitor the conduct of
541	Covered Games, agents of the SCA without prior notice shall have
542	reasonable access to all public areas of the Facilities related
543	to the conduct of Covered Games as provided herein.
544	1.  While the Commission will act as the regulator of the
545	Facilities, the SCA may take reasonable steps to assure that
546	operations at the Facilities comply with the terms of this
547	Compact and may advise on such issues as it deems appropriate.
548	2.  In order to fulfill its oversight responsibilities, the
549	State has identified specific oversight testing procedures, set
550	forth below in subsection 3., paragraphs (a), (b), and (c),
551	which the SCA may perform on a routine basis.
552	3.(a)  The SCA may inspect any Covered Games in operation
553	at the Facilities on a random basis to confirm that the Covered
554	Games operate and play properly pursuant to the manufacturer's
555	technical standards and are conducted in compliance with the
556	rules, regulations and standards established by the Commission
557	and this Compact. Such random inspections shall occur during
558	normal operating hours. No advance notice is required when the
559	SCA inspection is limited to public areas of the Facility;
560	however, representatives of the SCA shall provide notice to the
561	Commission of their presence for such inspections. The SCA shall
562	provide at least 1 hour notice to the Commission of such
563	inspection at or prior to the commencement of the random
564	inspections when such inspection will include non-public areas,
565	and a Commission agent may accompany the inspection.
566	(b)  For each Facility, the SCA may perform one annual
567	review of the slot machine compliance audit.
568	(c)  At least on an annual basis, the SCA may meet with the
569	Tribe's Internal Audit Department for Gaming to review internal
570	controls and violations of same by the Facilities.
571	4.  The SCA will seek to work with and obtain the
572	assistance of the Commission in the resolution of any conflicts
573	with the management of the Facilities, and the State and the
574	Tribe shall make their best efforts to resolve disputes through
575	negotiation whenever possible. Therefore, in order to foster a
576	spirit of cooperation and efficiency, the parties hereby agree
577	that when disputes arise between the SCA staff and Commission
578	regulators from the day-to-day regulation of the Facilities,
579	they should generally be resolved first through meeting and
580	conferring in good faith. This voluntary process does not
581	proscribe the right of either party to seek other relief that
582	may be available when circumstances require such relief. In the
583	event of a dispute or disagreement between Tribal and SCA
584	regulators, the dispute or disagreement shall be resolved in
585	accordance with the dispute resolution provisions of Part XIII.
586	of this Compact;
587	5.  Access to each Facility by the SCA shall be during the
588	Facility's operating hours only, provided that to the extent
589	such inspections are limited to areas of the Facility where the
590	public is normally permitted, the SCA agents may inspect the
591	Facility without giving prior notice to the Tribe or the
592	Commission;
593	6.  Any suspected or claimed violations of this Compact or
594	law shall be directed in writing to the Commission; the SCA
595	agents, in conducting the functions assigned them under this
596	Compact, shall not unreasonably interfere with the functioning
597	of any Facility; and
598	7.  Before the SCA agents enter any nonpublic area of a
599	Facility, they shall provide proper prior notice and
600	photographic identification to the Commission. The SCA agents
601	shall be accompanied in nonpublic areas of the Facility by a
602	Commission officer. Notice of at least one (1) hour by the SCA
603	to the Commission is required to assure that a Commission
604	officer is available to accompany the SCA agents at all times.
605	C.  Subject to the provisions herein, agents of the SCA
606	shall have the right to review and request copies of documents
607	of the Facility related to its conduct of Covered Games. The
608	review and copying of such documents shall be during normal
609	business hours unless otherwise allowed by the Tribe at the
610	Tribe's discretion. The Tribe cannot refuse said inspection and
611	copying of such documents, provided that the inspectors cannot
612	require copies of documents in such volume that it unreasonably
613	interferes with the normal functioning of the Facilities or
614	Covered Games. To the extent that the Tribe provides the State
615	with information which the Tribe claims to be confidential and
616	proprietary, or a trade secret, the Tribe shall clearly mark
617	such information with the following designation: "Trade Secret,
618	Confidential and Proprietary." If the State receives a request
619	under Chapter 119, Florida Statutes that would include such
620	designated information, the State shall promptly notify the
621	Tribe of such a request and the Tribe shall promptly notify the
622	State about its intent to seek judicial protection from
623	disclosure. Upon such notice from the Tribe, the State shall not
624	release the requested information until a judicial determination
625	is made. This designation and notification procedure does not
626	excuse the State from complying with the requirements of the
627	State's public records law, but is intended to provide the Tribe
628	the opportunity to seek whatever judicial remedy it deems
629	appropriate. Notwithstanding the foregoing procedure, the SCA
630	may provide copies of tribal documents to federal law
631	enforcement and other State agencies or State consultants that
632	the State deems reasonably necessary in order to conduct or
633	complete any investigation of suspected criminal activity in
634	connection with the Tribe's Covered Games or the operation of
635	the Facilities or in order to assure the Tribe's compliance with
636	this Compact.
637	D.  At the completion of any SCA inspection or
638	investigation, the SCA may forward a written report thereof to
639	the Commission, containing all pertinent, nonconfidential,
640	nonproprietary information regarding any violation of applicable
641	laws or this Compact which was discovered during the inspection
642	or investigation unless disclosure thereof would adversely
643	impact an investigation of suspected criminal activity. Nothing
644	herein prevents the SCA from contacting tribal or federal law
645	enforcement authorities for suspected criminal wrongdoing
646	involving the Commission.
647	E.  Except as expressly provided in this Compact, nothing
648	in this Compact shall be deemed to authorize the State to
649	regulate the Tribe's government, including the Commission, or to
650	interfere in any way with the Tribe's selection of its
651	governmental officers, including members of the Commission.
652
653	PART IX.
654	JURISDICTION.--The obligations and rights of the State and
655	the Tribe under this Compact are contractual in nature, and are
656	to be construed and enforced in accordance with the laws of the
657	State of Florida. This Compact shall not alter tribal, federal
658	or state civil adjudicatory or criminal jurisdiction in any way.
659
660	PART X.
661	LICENSING.--The Tribe and the Commission shall comply with
662	the licensing and hearing requirements set forth in 25 C.F.R.
663	Parts 556 and 558, as well as the applicable licensing and
664	hearing requirements set forth in Articles IV-VI of the Seminole
665	Tribal Gaming Code. The Commission shall notify the SCA of any
666	disciplinary hearings or revocation or suspension of licenses.
667
668	PART XI.
669	PAYMENTS TO THE STATE OF FLORIDA.--
670	A.  The parties acknowledge and recognize that this Compact
671	provides the Tribe with partial but substantial exclusivity and
672	other valuable consideration consistent with the goals of the
673	Indian Gaming Regulatory Act, including special opportunities
674	for tribal economic development through gaming within the
675	external boundaries of Florida with respect to the play of
676	Covered Games. In consideration thereof, the Tribe covenants and
677	agrees, subject to the conditions agreed upon in Part XII. of
678	this Compact, to make Payments to the State derived from Net Win
679	as set forth in Section B. The Tribe further agrees to convert
680	all of its Class II video bingo terminals (or their equivalents)
681	to Class III slot machines within twenty-four (24) months after
682	the Effective Date of this Compact, or the Payment to the State
683	shall be calculated as if the conversion has been completed,
684	whether or not the Tribe has fully executed its conversion. The
685	Tribe further agrees that it will not purchase or lease any new
686	Class II video bingo terminals (or their equivalents) after the
687	Effective Date of this Compact.
688	B.  Payment schedule.--Subject to the provisions in Part
689	XI. of the Compact, and subject to the limitations agreed upon
690	in Part XII. of the Compact, the amounts paid by the Tribe to
691	the State shall be calculated as follows:
692	1.  For each Revenue Sharing Cycle, the Tribe agrees to pay
693	not less than a Guaranteed Minimum Payment of One Hundred
694	Million Dollars ($100,000,000) if the Revenue Share calculated
695	for that Revenue Sharing Cycle under subsection 3., below, is
696	less than the Guaranteed Minimum Payment.
697	2.  All Guaranteed Minimum Payments shall be deducted from
698	and credited toward the Revenue Share in each Revenue Sharing
699	Cycle set forth below in subsection 3.
700	3.  For each Revenue Sharing Cycles, to the extent that the
701	Revenue Share exceeds the Guaranteed Minimum Payment for each
702	Revenue Sharing Cycle, the Tribe agrees, as further provided in
703	subsection 4., to pay a Revenue Share for that Revenue Sharing
704	Cycle equal to eighteen percent (18 percent) of the Net Win
705	received by the Tribe from the operation and play of Covered
706	Games from each Revenue Sharing Cycle.
707	4.(a)  On or before the fifteenth day of the month
708	following the first month of the Revenue Sharing Cycle, the
709	Tribe will remit to the State the greater amount of eight and
710	one-third percent (8.3 percent) of the estimated annual Revenue
711	Share or eight and one-third percent (8.3 percent) of the
712	Guaranteed Minimum Payment ("the monthly payment").
713	(b)  The Tribe will make available to the State at the time
714	of the monthly payment the basis for the calculation of the
715	Payment.
716	(c)  Each month the Tribe will internally "true up" the
717	calculation of the estimated Revenue Share based on the Tribe's
718	un-audited financial statements related to Covered Games.
719	5.(a)  On or before the forty-fifth day after the third
720	month, sixth month, ninth month, and twelfth month of Revenue
721	Sharing Cycles three through twenty-five (provided that the
722	twelve (12) month period does not coincide with the Tribe's
723	fiscal year end date as indicated in paragraph (c), the Tribe
724	will provide the State with an audit report by its independent
725	auditors as to the accuracy of the annual Revenue Share
726	calculation.
727	(b)  For each quarter of these Revenue Sharing Cycles the
728	Tribe agrees to engage its independent auditors to conduct a
729	review of the un-audited net revenue from Covered Games. On or
730	before the one hundred and twentieth day after the end of the
731	Tribe's fiscal year, the Tribe agrees to require its independent
732	auditors to provide an audit report to verify Net Win for
733	Covered Games and the related Payment of the annual Revenue
734	Share to the SCA for State review.
735	(c)  If the twelfth month of the Revenue Sharing Cycle does
736	not coincide with the Tribe's fiscal year, the Tribe agrees to
737	require its independent auditors to deduct Net Win from Covered
738	Games for any of the months that are outside of the Revenue
739	Sharing Cycle and to include Net Win from Covered Games for
740	those months which fall outside of the Tribe's audit period but
741	fall within the Revenue Sharing Cycle, prior to issuing the
742	audit report.
743	(d)  No later than thirty (30) calendar days after the day
744	the audit report is issued, the Tribe will remit to the State
745	any underpayment of the annual Revenue Share, and the State will
746	either reimburse to the Tribe any overpayment of the annual
747	Revenue Share or authorize the overpayment to be deducted from
748	the next monthly payment.
749	C.  Payments pursuant to Sections A. and B. above shall be
750	made to the State via electronic funds transfer in a manner
751	directed by the SCA. Payments will be due in accordance with the
752	Payment Schedule set forth in Section B. The appropriation of
753	any Payments received by the State pursuant to this Compact lies
754	within the exclusive prerogative of the Legislature.
755	D.  The Annual Oversight Assessment to reimburse the State
756	for the actual costs of the operation of the SCA to perform its
757	monitoring functions as defined in this Compact shall be
758	determined and paid in quarterly installments within thirty (30)
759	calendar days of receipt by the Tribe of an invoice from the
760	SCA. The Tribe reserves the right to audit the invoices on an
761	annual basis, a copy of which will be provided to the SCA, and
762	any discrepancies found therein shall be reconciled within
763	forty-five (45) calendar days of receipt of the audit by the
764	SCA. Out-of-pocket expenses to be incurred by the Governor or
765	his designee performing functions of the SCA unless and until
766	the SCA is designated by the Legislature shall be advanced by
767	the Tribe upon submission of properly documented requests.
768	E.  As provided for 25 U.S.C. s. 2710(b)(2)(B)(v), the
769	Tribe agrees to pay to the State an additional amount equal to 5
770	percent of the annual amount set forth in Section B. of this
771	Part, which funds shall be used for the purposes of offsetting
772	the impacts of the Tribe's facilities on the operations of local
773	governments.
774	F.  With respect to all payments made by the Tribe to the
775	State that were in any way related to benefits of exclusivity in
776	gaming, which payments were remitted before the effective date
777	of this Compact, such moneys shall be deemed forfeited by the
778	Tribe and released to the State without further obligation or
779	encumbrance. Acceptance and appropriation of such funds does not
780	legitimize, validate, or otherwise ratify any previously
781	proposed compact or the operation of class III games by the
782	Tribe for any period prior to the effective date of this
783	Compact.
784	G.  Except as expressly provided in this Part and in Part
785	XIV., nothing in this Compact shall be deemed to require the
786	Tribe to make payments of any kind to the State or any of its
787	agencies.
788
789	PART XII.
790	REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
791	OR OTHER CHANGES IN FLORIDA LAW.--The intent of this Part is to
792	provide the Tribe with the right to operate Covered Games on an
793	exclusive basis throughout the State, subject to the exceptions
794	and provisions set forth below.
795	A.  If Class III gaming as defined in this Compact, or
796	other casino-style gambling where the results of such games are
797	determined through the use of a random number generator, that is
798	not presently authorized by or under Florida law is authorized
799	for any location within the State of Florida that is under the
800	jurisdiction of the State, including but not limited to (1)
801	electronically-assisted bingo or pull-tab games or (2) video
802	lottery terminals (VLTs) or any similar games that allow direct
803	operation of the games by customers of the Florida Lottery, any
804	successor entity or any licensee of the Florida Lottery or any
805	successor entity, and such gambling begins to be offered for
806	public or private use, the Payments due the State pursuant to
807	Part XI., Sections A. and B. of this Compact shall cease until
808	such gambling is no longer operated, in which event the Payments
809	due the State pursuant to Part XI., Sections A. and B. of this
810	Compact shall resume.
811	B.  The following are exceptions to the exclusivity
812	provisions of Section A. above.
813	1.  Any Class III gaming authorized by a compact between
814	the State and any other federally recognized tribe pursuant to
815	the Indian Gaming Regulatory Act will not be a breach or other
816	violation of the exclusivity provisions set forth in Section A.
817	above.
818	2.  If a citizen's initiative amending the state
819	constitution is passed by the voters of Florida authorizing,
820	subject to approval by local referendum and implementation by
821	the Legislature, the operation of slot machines or other Class
822	III games in a jurisdiction not then authorized for such games
823	under Florida law, and after which any entity begins to offer
824	slot machine play or operates or conducts other Class III games
825	authorized pursuant to the constitutional amendment, such
826	activity will not be a breach or violation of the exclusivity
827	provisions set forth in Section A., so long as the Tribe's total
828	annual Net Win from Covered Games and revenues from its
829	remaining Class II video bingo terminals (or their equivalent)
830	exceeds $1.37 billion. In the event revenue sharing payments are
831	discontinued pursuant to this subsection, the abatement of the
832	revenue sharing payments shall only extend until the Tribe's
833	total annual Net Win from Covered Games and revenues from Class
834	II video bingo terminals (or their equivalent) again exceeds
835	$1.37 billion.
836	3.  The conduct of illegal or otherwise unauthorized Class
837	III gaming within the State shall not be considered a breach or
838	other violation of the exclusivity provisions set forth in
839	Section A. above.
840	C.  To the extent that the exclusivity provisions of this
841	Part are discontinued and the Tribe's ongoing Payment
842	obligations to the State pursuant to Part XI., Sections A. and
843	B. of this Compact cease, any outstanding Payments that would
844	have been due the State from the Tribe's Facilities prior to the
845	breach/violation shall be made within thirty (30) business days
846	after cessation.
847	D.  The discontinuation of this Part's exclusivity
848	provisions and the cessation of Payments pursuant to Part XI.,
849	Sections A. and B. of this Compact shall not excuse the Tribe
850	from continuing to comply with all other provisions of this
851	Compact, including continuing to pay the State the Annual
852	Oversight Assessment as set forth in Part XI., Section C. of
853	this Compact. Furthermore, the State shall continue to have the
854	right to monitor the Tribe's compliance with the Compact.
855	E.  In the event that revenue sharing payments to the State
856	made pursuant to Part XI., Sections A. and B. are discontinued
857	under this Part, the annual amount payable to the State for the
858	impacts to local governments under Part XI., Section E. shall be
859	calculated as the amount paid for the last full revenue sharing
860	year. Such payments shall continue to be calculated in such
861	manner until the revenue sharing payments under Part XI.,
862	Sections A. and B. are restored.
863	F.  Nothing in this Compact is intended to affect the
864	ability of the State Legislature to enact laws either further
865	restricting or expanding gambling on non-tribal lands.
866
867	PART XIII.
868	DISPUTE RESOLUTION.--In the event that either party to this
869	Compact believes that the other party has failed to comply with
870	any requirements of this Compact, or in the event of any dispute
871	hereunder, including, but not limited to, a dispute over the
872	proper interpretation of the terms and conditions of this
873	Compact, the goal of the Parties is to resolve all disputes
874	amicably and voluntarily whenever possible. In pursuit of this
875	goal, the following procedures may be invoked:
876	A.  A party asserting noncompliance or seeking an
877	interpretation of this Compact first shall serve written notice
878	on the other party. The notice shall identify the specific
879	Compact provision alleged to have been violated or in dispute
880	and shall specify in detail the asserting party's contention and
881	any factual basis for the claim. Representatives of the Tribe
882	and State shall meet within thirty (30) calendar days of receipt
883	of notice in an effort to resolve the dispute, unless they
884	mutually agree to extend this period.
885	B.  A party asserting noncompliance or seeking an
886	interpretation of this Compact under this Part shall be deemed
887	to have certified that to the best of the party's knowledge,
888	information, and belief formed after reasonable inquiry, the
889	claim of noncompliance or the request for interpretation of this
890	Compact is warranted and made in good faith and not for any
891	improper purpose, such as to harass or to cause unnecessary
892	delay or the needless incurring of the cost of resolving the
893	dispute.
894	C.  If the parties are unable to resolve a dispute through
895	the process specified in Sections A. and B. of this Part, either
896	party can call for mediation under the Commercial Mediation
897	Procedures of the American Arbitration Association (AAA), or any
898	such successor procedures, provided that such mediation does not
899	last more than sixty (60) calendar days, unless an extension to
900	this time limit is mutually agreed to by the parties. The
901	disputes available for resolution through mediation are limited
902	to matters arising under the terms of this Compact.
903	D.  If the parties are unable to resolve a dispute through
904	the process specified in Sections A., B., and C. of this Part,
905	notwithstanding any other provision of law, the State may bring
906	an action against the Tribe in any court of competent
907	jurisdiction regarding any dispute arising under this Compact.
908	The State is entitled to all remedies available under law or in
909	equity.
910	E.  For purposes of actions based on disputes between the
911	State and the Tribe that arise under this Compact and the
912	enforcement of any judgment resulting therefrom, the Tribe
913	expressly waives its right to assert sovereign immunity from
914	suit and from enforcement of any ensuing judgment, and further
915	consents to be sued in federal or state court, including the
916	rights of appeal specified above, as the case may be, provided
917	that (i) the dispute is limited solely to issues arising under
918	this Compact, (ii) there is no claim for monetary damages
919	(except that payment of any money required by the terms of this
920	Compact, as well as injunctive relief or specific performance
921	enforcing a provision of this Compact requiring the payment of
922	money to the State may be sought), and (iii) nothing herein
923	shall be construed to constitute a waiver of the sovereign
924	immunity of the Tribe with respect to any third party that is
925	made a party or intervenes as a party to the action.
926	F.  The State may not be precluded from pursuing any
927	mediation or judicial remedy against the Tribe on the grounds
928	that the State has failed to exhaust its Tribal administrative
929	remedies.
930	G.  Notwithstanding anything to the contrary in this Part,
931	any failure of the Tribe to remit the Payments pursuant to the
932	terms of Part XI. will entitle the State to seek mandatory
933	injunctive relief in federal or state court, at the State's
934	election, to compel the Payments after exhausting the dispute
935	resolution process in Sections A. and B. of this Part.
936	H.  The State shall be entitled to seek immediate
937	injunctive relief in the event the Tribe offers or continues to
938	offer Class III games not authorized under this Compact.
939	I.  If the parties are unable to resolve a dispute
940	involving a claim by the Tribe against the State through the
941	process specified in Sections A., B., and C. of this Part,
942	notwithstanding any other provision of law, the Tribe may invoke
943	non-binding arbitration of the dispute under the Commercial
944	Arbitration Rules of the American Arbitration Association. The
945	arbitrators' decision may not be enforced in any court. If the
946	arbitrators find that the State is not in compliance with the
947	Compact, the State shall have the opportunity to challenge the
948	decision of the arbitrators by bringing an independent action
949	against the Tribe in federal district court ("federal court")
950	regarding the dispute underlying the arbitration in a district
951	in which the federal court has venue. If the federal court
952	declines to exercise jurisdiction, or federal precedent exists
953	that rules that the federal court would not have jurisdiction
954	over such a dispute, the State may bring the action in the
955	Courts of the Seventeenth Judicial Circuit in and for Broward
956	County, Florida. The State is entitled to all rights of appeal
957	permitted by law in the court system in which the action is
958	brought. The State shall be entitled to de novo review of the
959	arbitrators' decision under this Section. For the purpose of
960	this Section, the Tribe agrees to waive its immunity as provided
961	in Section E. of this Part.
962	J.  If the arbitrators find that the State is not in
963	compliance with the Compact and the State fails to file suit as
964	provided above within sixty (60) calendar days of the
965	arbitrators' decision or fails to maintain the suit through
966	final judgment, including appeals, without the agreement of the
967	Tribe, the Tribe may suspend Payment under Part XI. until the
968	State comes into compliance with the arbitrators' decision.
969	K.  If the State files suit as provided above and a final
970	judgment is rendered by the court, the failure of the State to
971	comply with the judgment shall constitute grounds for the Tribe
972	to suspend Payment under Part XI. until the State comes into
973	compliance with the court's judgment.
974
975	PART XIV.
976	Collection of Sales Tax on Sales to Non-Tribal Members.--
977	A.  In addition to the Tribe's payments to the State set
978	forth in Part XI., the Tribe shall collect and remit to the
979	Florida Department of Revenue the taxes imposed by Chapter 212,
980	Florida Statutes, on all sales to non-tribal members, except
981	those non-tribal members who hold valid exemption certificates
982	issued by the Florida Department of Revenue, exempting the sales
983	from taxes imposed by Chapter 212, Florida Statutes.
984	B.  The Tribe shall register with the Department of Revenue
985	and shall remit to the Department of Revenue the taxes collected
986	pursuant to Section A. of this Part.
987	C.  The Tribe shall retain for at least a period of five
988	(5) years records of all sales to non-tribal members which are
989	subject to taxation under Chapter 212, Florida Statutes. The
990	Department of Revenue may conduct an audit not more often than
991	annually in order to verify such collections. The Tribe shall
992	provide reasonable access during normal operating hours to
993	records of transactions subject to the taxes collected pursuant
994	to Section A. of this Part.
995	D.  Any disputes about the amounts collected pursuant to
996	Section A. of this Part shall be resolved as provided for in
997	Part XIII. of this Compact. For purposes of this Section, the
998	Tribe agrees to waive its immunity as provided for in Part
999	XIII., Section E. of this compact, except that the state may
1000	seek monetary damages limited to the amount of taxes owed.
1001
1002	PART XV.
1003	CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.--
1004	A.  If any provision of this Compact is held by a court of
1005	competent jurisdiction to be invalid, this Compact will become
1006	null and void. If any provision, part, section, or subsection of
1007	this Compact is determined by a federal district court in
1008	Florida or other court of competent jurisdiction to impose a
1009	mandatory duty on the State of Florida that requires
1010	authorization by the Florida Legislature, the duty conferred by
1011	that particular provision, part, section or subsection shall no
1012	longer be mandatory but will be deemed to be a matter within the
1013	discretion of the Governor or other State officers, subject to
1014	such legislative approval as may be required by Florida law.
1015	B.  It is understood that Part XII. of this Compact, which
1016	provides for a cessation of the Payments to the State under Part
1017	XI., does not create any duty on the State of Florida but only a
1018	remedy for the Tribe if Class III gambling under state
1019	jurisdiction is expanded by an act of the Legislature.
1020	C.  This Compact is intended to meet the requirements of
1021	the Indian Gaming Regulatory Act as it reads on the Effective
1022	Date of this Compact, and where reference is made to the Indian
1023	Gaming Regulatory Act, or to an implementing regulation thereof,
1024	the reference is deemed to have been incorporated into this
1025	document as if set in full. Subsequent changes to the Indian
1026	Gaming Regulatory Act that diminish the rights of the State or
1027	Tribe may not be applied retroactively to alter the terms of
1028	this Compact, except to the extent that federal law validly
1029	mandates that retroactive application without the respective
1030	consent of the State or Tribe.
1031	D.  Neither the presence in another tribal-state compact of
1032	language that is not included in this Compact, nor the absence
1033	in this Compact of language that is present in another tribal-
1034	state compact shall be a factor in construing the terms of this
1035	Compact.
1036	E.  The parties shall cooperate in seeking approval of this
1037	Compact from the Secretary of the Interior and the parties
1038	further agree that, upon execution, the Tribe shall submit the
1039	Compact to the Secretary forthwith.
1040
1041	PART XVI.
1042	NOTICES.--All notices required under this Compact shall be
1043	given by (i) certified mail, return receipt requested, (ii)
1044	commercial overnight courier service, or (iii) personal
1045	delivery, to the following persons:
1046	A.  The Governor.
1047	B.  The General Counsel to the Governor.
1048	C.  The Chair of the Seminole Tribe of Florida.
1049	D.  The General Counsel to the Seminole Tribe of Florida.
1050
1051	PART XVII.
1052	EFFECTIVE DATE & TERM.--
1053	A.  This Compact shall become effective upon its approval
1054	by the Secretary of the Interior as a tribal-state compact
1055	within the meaning of the Indian Gaming Regulatory Act either by
1056	publication of the notice of approval in the Federal Register or
1057	by operation of law under 25 U.S.C. s. 2710(d)(7)(C).
1058	B.  This Compact shall have a term of ten (10) years,
1059	beginning on the first day of the month following the month in
1060	which the Compact becomes effective under Section A. of this
1061	Part. This Compact shall remain in full force and effect until
1062	the sooner of expiration of its terms or until terminated by
1063	mutual agreement of the parties.
1064
1065	PART XVIII.
1066	AMENDMENT OF COMPACT AND REFERENCES.--Amendment of this
1067	Compact may only be made by written agreement of the parties,
1068	subject to approval by the Secretary either by publication of
1069	the notice of approval in the Federal Register or by operation
1070	of law under 25 U.S.C. s. 2710(d)(7)(C). Changes in the
1071	provisions of tribal ordinances, regulations, and procedures
1072	referenced in this Compact may be made by the Tribe with thirty
1073	(30) calendar days advance notice to the State. If the State has
1074	an objection to any change to the tribal ordinance, regulation
1075	or procedure which is the subject of the notice on the ground
1076	that its adoption would be a violation of the Tribe's
1077	obligations under this Compact, the State may invoke the dispute
1078	resolution provisions provided in Part XIII. of this Compact.
1079
1080	PART XIX.
1081	MISCELLANEOUS.--
1082	A.  Except to the extent expressly provided in this
1083	Compact, this Compact is not intended to, and shall not be
1084	construed to, create any right on the part of a third party to
1085	bring an action to enforce any of its terms.
1086	B.  If, after the Effective Date of this Compact, the State
1087	enters into a Compact with any other Tribe that contains more
1088	favorable terms with respect to any of the provisions of this
1089	Compact and the U.S. Secretary of the Interior approves such
1090	compact, either by publication of the notice of approval in the
1091	Federal Register or by operation of law under 25 U.S.C. s.
1092	2710(d)(7)(C), upon tribal notice to the State and the
1093	Secretary, this Compact shall be deemed amended to contain the
1094	more favorable terms, unless the State objects to the change and
1095	can demonstrate, in a proceeding commenced under Part XIII.,
1096	that the terms in question are not more favorable.
1097	C.  Upon the occurrence of certain events beyond the
1098	Tribe's control, including acts of God, war, terrorism, fires,
1099	floods, or accidents causing damage to or destruction of one or
1100	more of its Facilities or property necessary to operate the
1101	Facility(ies), (i) the Tribe's obligation to pay the Guaranteed
1102	Minimum Payment described in Part XI. shall be reduced pro rata
1103	to reflect the percentage of the total Net Win lost to the Tribe
1104	from the impacted Facility(ies) and (ii) the Net Win specified
1105	under Part XII., Section B., for purposes of determining whether
1106	the Tribe's Payments described in Part XI. shall cease, shall be
1107	reduced pro rata to reflect the percentage of the total Net Win
1108	lost to the Tribe from the impacted Facility(ies), with the
1109	proviso that if Payments to the State have already stopped under
1110	the provisions of Part XII., Section B., the provisions of this
1111	Section shall not trigger a resumption of payments under that
1112	Part. The foregoing shall not excuse any obligations of the
1113	Tribe to make Payments to the State as and when required
1114	hereunder or in any related document or agreement.
1115	D.  The Tribe and the State recognize that opportunities to
1116	engage in gaming in smoke-free or reduced-smoke environments
1117	provides both health and other benefits to Patrons, and the
1118	Tribe has already instituted a non-smoking section at its
1119	Seminole Hard Rock Hotel & Casino - Hollywood Facility. As part
1120	of its continuing commitment to this issue, the Tribe will:
1121	1.  Install and utilize a ventilation system at all new
1122	construction at its Facilities, which system exhausts tobacco
1123	smoke to the extent reasonably feasible under existing state-of-
1124	the-art technology; and
1125	2.  Designate a smoke-free area for slot machines at all
1126	new construction at its Facilities.
1127	3.  Install non-smoking, vented tables for table games in
1128	its Facilities sufficient to respond to demand for such tables.
1129	E.  The annual average minimum pay-out of all slot machines
1130	in each Facility shall not be less than eighty-five percent (85
1131	percent).
1132	F.  Nothing in this Compact shall alter any of the existing
1133	memoranda of understanding, contracts, or other agreements
1134	entered into between the Tribe and any other federal, state, or
1135	local governmental entity.
1136	G.  The Tribe currently has as set forth in its Employee
1137	Fair Treatment and Dispute Resolution Policy, and agrees to
1138	maintain, standards that are comparable to the standards
1139	provided in federal laws and State laws forbidding employers
1140	from discrimination in connection with the employment of persons
1141	working at the Facilities on the basis of race, color, religion,
1142	national origin, gender, age, disability/handicap, or marital
1143	status. Nothing herein shall preclude the Tribe from giving
1144	preference in employment, promotion, seniority, lay-offs or
1145	retention to members of the Tribe and other federally recognized
1146	tribes. The Tribe will comply with all federal and state labor
1147	laws, where applicable.
1148	Section 2.  This act shall take effect on the same date
1149	that House Bill 7145, or similar legislation, takes effect if
1150	such legislation is adopted during the same legislative session
1151	or an extension thereof and becomes law.
1152
1153
1154	-----------------------------------------------------
1155	T I T L E  A M E N D M E N T
1156	Remove the entire title and insert:
1157	A bill to be entitled
1158	An act relating to gaming on Indian lands; creating s.
1159	285.711, F.S.; authorizing and directing the Governor to
1160	negotiate and execute a gaming compact between the state
1161	and the Seminole Indian Tribe of Florida; providing a
1162	title; providing recitals stating rights, powers, and
1163	purpose of the parties to the compact; providing
1164	definitions; authorizing the operation of certain games in
1165	specified locations on Indian lands; authorizing expansion
1166	or replacement of gaming facilities; prohibiting
1167	additional gaming facilities; providing for rules and
1168	regulations; providing minimum requirements for
1169	operations; requiring certain procedures and signs
1170	relating to compulsive gambling; providing a limitation of
1171	liability for failing to identify a compulsive gambler;
1172	requiring certain procedures to prevent certain
1173	activities; providing for staff training, screening, and
1174	certification, patron education, and security measures;
1175	prohibiting a person under a certain age from playing the
1176	games; requiring certain recordkeeping by the tribe and
1177	the Seminole Tribal Gaming Commission; requiring the tribe
1178	to stop certain card games; providing for patron disputes
1179	and claims; providing for employee tort claims; providing
1180	limitations on claims; providing for limited liability and
1181	liability coverage of the tribe; providing for enforcement
1182	of compact provisions; providing responsibilities of the
1183	tribe and the commission; providing that the tribe and the
1184	commission shall be responsible for regulating activities;
1185	providing requirements for construction, operation, and
1186	maintenance of facilities and the conduct of games;
1187	providing for members and employees of the commission;
1188	providing requirements for licensing members and
1189	employees; providing for commission compliance officers;
1190	requiring representatives of the commission and the State
1191	Compliance Agency to meet to review practices and examine
1192	methods to improve the regulatory scheme; providing for
1193	state monitoring of the compact; authorizing the state to
1194	secure an annual independent financial audit of the
1195	conduct of the games; providing requirements and
1196	limitations for such audit; authorizing the State
1197	Compliance Agency to monitor the conduct of the games,
1198	inspect any games in operation, and perform one annual
1199	review of the slot machine compliance audit for certain
1200	purposes; authorizing that agency to meet with the tribe's
1201	Internal Audit Department for Gaming to review internal
1202	controls and violations; providing procedures inspections
1203	and for suspected or claimed violations; providing for
1204	construction and application of the compact; providing
1205	licensing and hearing requirements; providing for payment
1206	of consideration to the state; providing a payment
1207	schedule, payment amounts, and procedures for such
1208	payments; providing procedures for auditing certain
1209	revenue and review of unaudited revenue; providing that
1210	certain prior payments shall be deemed forfeited and
1211	released to the state; providing that acceptance and
1212	appropriation of such funds does not legitimize, validate,
1213	or otherwise ratify any previously proposed compact or the
1214	operation of class III games by the tribe prior to the
1215	effective date of this compact; providing the tribe with
1216	the right to operate such games on an exclusive basis;
1217	providing for reduction of tribal payments because of loss
1218	of exclusivity or other changes in state law; providing
1219	for exceptions to the exclusivity; providing procedures
1220	for resolution of disputes among the parties and for
1221	interpretation of the compact; requiring notice of a claim
1222	of noncompliance; authorizing nonbinding arbitration and
1223	providing procedures therefor; providing that for certain
1224	purposes the tribe waives rights to immunity from suit and
1225	enforcement of judgment; providing for collection of sales
1226	tax on sales to non-tribal members; providing for
1227	construction, application, and severability; providing for
1228	federal approval; providing notice requirements; providing
1229	an effective date and term of the compact; providing for
1230	amendment of compact and references; providing for
1231	application to third parties; providing for application to
1232	any compact with any other tribe; providing for events
1233	beyond the tribe's control; providing for smoke-free or
1234	reduced-smoke environments; providing for minimum pay-out;
1235	providing for effect of compact on agreements entered into
1236	between the tribe and any other federal, state, or local
1237	governmental entity; providing for employment practices;
1238	providing a contingent effective date.

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