HB 7221

1	A bill to be entitled
2	An act relating to gaming; amending s. 285.710, F.S.,
3	relating to compact authorization; providing definitions;
4	providing that specified agreements executed by the
5	Seminole Tribe of Florida and the Governor are void and
6	not in effect; ratifying and approving a specified compact
7	executed by the Tribe and the Governor; directing the
8	Governor to cooperate with the Tribe in seeking approval
9	of the compact from the United States Secretary of the
10	Interior; revising powers and duties of the Governor
11	regarding a compact and amendments to a compact between
12	the Tribe and the state; revising a provision that
13	specifies that the compact is invalid if certain
14	provisions are held invalid by a court or the United
15	States Department of the Interior; revising a provision
16	for the effect on the compact of certain changes to the
17	Indian Gaming Regulatory Act; removing a provision
18	directing the Governor to ensure certain funds received
19	are deposited in a specified fund; removing a provision
20	for expiration of certain authority granted to the
21	Governor; removing a provision that expresses legislative
22	intent; revising duties of the Division of Pari-mutuel
23	Wagering of the Department of Business and Professional
24	Regulation to carry out oversight responsibilities as the
25	state compliance agency; revising duties of the Governor
26	to execute an agreement for application of certain state
27	taxes on Indian lands; providing for distribution of
28	certain moneys paid to the state; providing for the
29	calculation and distribution of a local government share
30	of such moneys; revising provisions for moneys remitted by
31	the Tribe to the state before the effective date of the
32	compact; providing for deposit of the moneys into the
33	General Revenue Fund; revising provisions that authorize
34	certain gaming activity; repealing s. 285.711, F.S.,
35	relating to a gaming compact between the Seminole Tribe
36	and the State of Florida; creating s. 285.712, F.S.;
37	providing that the Governor is the designated state
38	officer responsible for negotiating and executing, on
39	behalf of the state, tribal-state gaming compacts with
40	certain Indian tribes; requiring any such compact to be
41	conditioned on ratification by the Legislature; providing
42	procedures for ratification of a compact and submission to
43	the United States Secretary of the Interior for review and
44	approval; amending s. 551.103, F.S.; requiring the
45	division to adopt rules regulating the employment by a
46	slot machine licensee of security personnel; amending s.
47	26 of chapter 2009-170, Laws of Florida, an act relating
48	to gaming; revising the effective date for provisions of
49	that act to remove contingency requirements applicable to
50	provisions relating to the pari-mutuel industry; providing
51	a date for those provisions to take effect; providing an
52	effective date.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Section 285.710, Florida Statutes, is amended
57	to read:
58	285.710  Compact authorization.-
59	(1)  As Terms used in this section, the term:
60	(a)  "Compact" means the Gaming Compact between the
61	Seminole Tribe of Florida and the State of Florida, executed on
62	April 7, 2010.
63	(b)  "Covered games" means the games authorized for the
64	Seminole Tribe of Florida under the compact.
65	(c)  "Documents" means books, records, electronic, magnetic
66	and computer media documents, and other writings and materials,
67	copies thereof, and information contained therein.
68	(d)  "Indian Gaming Regulatory Act" or "IGRA" means the
69	Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
70	1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
71	and 18 U.S.C. ss. 1166-1168.
72	(e)  "State" means the State of Florida.
73	(f)  "State compliance agency" means the Division of Pari-
74	mutuel Wagering of the Department of Business and Professional
75	Regulation which is designated as the state agency having the
76	authority to carry out the state's oversight responsibilities
77	under the compact.
78	(g)  "Tribe" means the Seminole Tribe of Florida or any
79	affiliate thereof conducting activities pursuant to the compact
80	under the authority of the Seminole Tribe of Florida have the
81	same meaning as provided in s. 285.711.
82	(2)(a)  The agreement executed by the Governor and the
83	Tribe on November 14, 2007, published in the Federal Register on
84	January 7, 2008, and subsequently invalidated by the Florida
85	Supreme Court in the case of Florida House of Representatives,
86	et al. v. The Honorable Charles J. Crist, No. SC07-2154, (2008),
87	is not ratified or approved by the Legislature, and is void, and
88	is not in effect.
89	(b)  The agreement executed by the Governor and the Tribe
90	on August 28, 2009, and August 31, 2009, respectively, and
91	transmitted to the President of the Senate and the Speaker of
92	the House of Representatives, is not ratified or approved by the
93	Legislature, is void, and is not in effect.
94	(3)  The Gaming Compact between the Seminole Tribe of
95	Florida and the State of Florida, executed by the Governor and
96	the Tribe on April 7, 2010, is ratified and approved. The
97	Governor shall cooperate with the Tribe in seeking approval of
98	the compact from the United States Secretary of the Interior.
99	(3)  Subject to the limitations in s. 285.711, the Governor
100	is hereby authorized and directed to negotiate and execute a
101	compact on behalf of the state with the Tribe pursuant to the
102	federal Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss.
103	1166-1168, and 25 U.S.C. ss. 2701 et seq., and this act for the
104	purpose of authorizing Class III gaming on Seminole lands within
105	this state. Any such compact shall not be deemed entered into by
106	the state unless and until it is ratified by the Legislature.
107	(4)  The Governor is authorized to bind the state to any
108	amendment to the compact that is consistent with the terms and
109	standards in this section and s. 285.711, provided that any
110	amendment to provisions relating to covered games, the amount of
111	revenue sharing payments, suspension or reduction of payments,
112	or exclusivity shall require ratification by the Legislature.
113	(5)(a)  The Governor shall provide a copy of the compact to
114	the President of the Senate and the Speaker of the House of
115	Representatives as soon as it is executed. The compact shall not
116	be submitted to the Department of the Interior by or on behalf
117	of the state or the Tribe until it has been ratified by the
118	Legislature.
119	(b)  The Governor shall provide a copy of any amendment to
120	the compact to the President of the Senate and the Speaker of
121	the House of Representatives as soon as it is executed and
122	before or simultaneous with its submission to the Department of
123	the Interior, provided that any amendment requiring ratification
124	by the Legislature shall not be submitted to the Department of
125	the Interior for approval until such ratification has occurred.
126	(4)(6)  The Governor shall preserve all documents, if any,
127	which relate to the intent or interpretation of the compact, and
128	maintain such documents for at least the term of the compact.
129	(5)(7)  If any provision of the compact relating to covered
130	games, revenue-sharing payments, suspension or reduction in
131	payments, or exclusivity is held by a court of competent
132	jurisdiction or by the Department of the Interior to be invalid,
133	the compact is void.
134	(6)(8)  If In the event that a subsequent change to the
135	Indian Gaming Regulatory Act, or to an implementing regulation
136	thereof, mandates the retroactive application of such change
137	without the respective consent of the state or Tribe, the
138	compact is void if the change it materially alters any provision
139	the terms and standards in the compact relating to the covered
140	games, revenue-sharing payments, suspension or reduction of
141	payments, or exclusivity.
142	(9)  The Governor shall ensure that all revenue sharing
143	received pursuant to the compact and agreement executed by the
144	Governor and the Tribe on November 14, 2007, is deposited into
145	the Education Enhancement Trust Fund provided that, if necessary
146	to comply with any covenant established pursuant to s.
147	1013.68(4), s. 1013.70(1), or s. 1013.737(3), funds transferred
148	to the Educational Enhancement Trust Fund shall be first
149	available to pay debt service on lottery bonds issued to fund
150	school construction in the event lottery revenues are
151	insufficient for such purpose or to satisfy debt service reserve
152	requirements established in connection with lottery bonds.
153	(10)  Except for the authority granted to the Governor in
154	subsections (4) and (13), the authority granted to the Governor
155	by this section and s. 285.711 expires at 11:59 p.m. on August
156	31, 2009.
157	(11)  It is the intent of the Legislature to review a
158	compact entered into under the provisions of this section within
159	5 years after the compact is approved. It is the intent of the
160	Legislature to consider the authorization of additional Class
161	III games for operation by the Tribe based upon successful
162	implementation of the compact and the history of compliance with
163	the compact.
164	(7)(12)  The Division of Pari-mutuel Wagering of the
165	Department of Business and Professional Regulation is designated
166	as the state compliance agency having the authority to carry out
167	the state's oversight responsibilities under the a compact
168	authorized by this section act.
169	(8)(13)(a)  The Governor is authorized and directed to
170	execute an agreement on behalf of the state of Florida with the
171	Indian tribes in this state, acting on a government-to-
172	government basis, to develop and implement a fair and workable
173	arrangement to apply state taxes on persons and transactions on
174	Indian lands. Such agreements shall address the imposition of
175	specific taxes, including sales taxes and exemptions from those
176	taxes.
177	(b)  The agreement shall address the Tribe's collection and
178	remittance of sales taxes imposed by chapter 212 to the
179	Department of Revenue. The sales taxes collected and remitted by
180	the Tribe shall be based on all sales to non-tribal members,
181	except those non-tribal members who hold valid exemption
182	certificates issued by the Department of Revenue, exempting the
183	sales from taxes imposed by chapter 212.
184	(c)  The agreement shall require the Tribe to register with
185	the Department of Revenue and remit to the Department of Revenue
186	the taxes collected.
187	(d)  The agreement shall require the Tribe to retain for at
188	least a period of 5 years records of all sales to non-tribal
189	members which are subject to taxation under chapter 212. The
190	agreement shall permit the Department of Revenue to conduct an
191	audit not more often than annually in order to verify such
192	collections. The agreement shall require the Tribe to provide
193	reasonable access during normal operating hours to records of
194	transactions subject to the taxes collected.
195	(e)  The agreement shall provide a procedure for the
196	resolution of any disputes about the amounts collected pursuant
197	to the agreement. For purposes of the agreement for the
198	collection and remittance of sales taxes, the agreement must
199	provide that the Tribe agrees to waive its immunity, except that
200	the state may seek monetary damages limited to the amount of
201	taxes owed.
202	(f)  An agreement executed by the Governor pursuant to the
203	authority granted in this section shall not take effect unless
204	ratified by the Legislature.
205	(9)  The moneys paid by the Tribe to the state for the
206	benefit of exclusivity under the compact ratified by this
207	section shall be deposited into the General Revenue Fund, except
208	that 3 percent of the amount paid by the Tribe to the state
209	shall be designated as the local government share and shall be
210	distributed as provided in subsection (10).
211	(10)  The calculations necessary to determine the local
212	government share distributions shall be made by the state
213	compliance agency. For purposes of determining the amount of the
214	distributions under this subsection, the portion of the local
215	government share derived from each casino shall be determined by
216	multiplying the local government share by a fraction the
217	numerator of which is the net win for the respective casino and
218	the denominator of which is the sum of the net win for all
219	casinos. The local government share shall be distributed as
220	follows:
221	(a)  Glades County shall receive 100 percent of the local
222	government share derived from the Seminole Indian Casino-
223	Brighton.
224	(b)  Broward County shall receive 7.5 percent, the City of
225	Coconut Creek shall receive 65 percent, the City of Coral
226	Springs shall receive 15 percent, the City of Margate shall
227	receive 10 percent, and the City of Parkland shall receive 2.5
228	percent of the local government share derived from the Seminole
229	Indian Casino-Coconut Creek.
230	(c)  Broward County shall receive 15 percent, the City of
231	Hollywood shall receive 65 percent, the Town of Davie shall
232	receive 10 percent, and the City of Dania Beach shall receive 10
233	percent of the local government share derived from the Seminole
234	Indian Casino-Hollywood.
235	(d)  Collier County shall receive 100 percent of the local
236	government share derived from the Seminole Indian Casino-
237	Immokalee.
238	(e)  Hendry County shall receive 100 percent of the local
239	government share derived from the Seminole Indian Casino-Big
240	Cypress.
241	(f)  Broward County shall receive 15 percent, the City of
242	Hollywood shall receive 65 percent, the Town of Davie shall
243	receive 10 percent, and the City of Dania Beach shall receive 10
244	percent of the local government share derived from the Seminole
245	Hard Rock Hotel & Casino-Hollywood.
246	(g)  Hillsborough County shall receive 100 percent of the
247	local government share derived from the Seminole Hard Rock Hotel
248	& Casino-Tampa.
249	(11)(14)  Any moneys remitted by the Tribe before the
250	effective date of the a compact shall be deposited into the
251	General Revenue Fund and are entered into by the state and the
252	Tribe pursuant to this act shall be deemed forfeited by
253	Tribe and released to the state without further obligation
254	encumbrance. The Legislature further finds that acceptance and
255	appropriation of such funds does not legitimize, validate, or
256	otherwise ratify any previously proposed compact or the
257	operation of class III games by the Tribe for any period prior
258	to the effective date of the a valid compact pursuant to this
259	act.
260	(12)(15)  For the purpose of satisfying the requirement in
261	25 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
262	under an Indian gaming compact must be permitted in the state
263	for any purpose by any person, organization, or entity, the
264	following class III games or other games specified in this
265	section are hereby authorized to be conducted by the Tribe
266	pursuant to the a compact that is substantially in the form
267	provided in s. 285.711:
268	(a)  Slot machines, as defined in s. 551.102(8).
269	(b)  Games of poker without betting limits if such games
270	are authorized in this state to any person for any purpose.
271	(b)(c)  Banking or banked card games, including baccarat,
272	chemin de fer, and blackjack or 21 at the tribal facilities in
273	Broward County, Collier County, and Hillsborough County.
274	(c)  Raffles and drawings.
275	(13)(16)  Notwithstanding any other provision of state law,
276	it is not a crime for a person to participate in the games
277	specified in subsection (12) (15) at a tribal facility operating
278	under the a compact entered into pursuant to this section act.
279	Section 2.  Section 285.711, Florida Statutes, is repealed.
280	Section 3.  Section 285.712, Florida Statutes, is created
281	to read:
282	285.712  Tribal-state gaming compacts.-
283	(1)  The Governor is the designated state officer
284	responsible for negotiating and executing, on behalf of the
285	state, tribal-state gaming compacts with federally recognized
286	Indian tribes located within the state pursuant to the federal
287	Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168
288	and 25 U.S.C. ss. 2701 et seq., for the purpose of authorizing
289	class III gaming, as defined in that act, on Indian lands within
290	the state.
291	(2)  Any tribal-state compact relating to gaming activities
292	which is entered into by an Indian tribe in this state and the
293	Governor pursuant to subsection (1) must be conditioned upon
294	ratification by the Legislature.
295	(3)  Following completion of negotiations and execution of
296	a compact, the Governor shall submit a copy of the executed
297	tribal-state compact to the President of the Senate and the
298	Speaker of the House of Representatives as soon as it is
299	executed. To be effective, the compact must be ratified by both
300	houses of the Legislature by a majority vote of the members
301	present. The Governor shall file the executed compact with the
302	Secretary of State pursuant to s. 15.01.
303	(4)  Upon receipt of an act ratifying a tribal-state
304	compact, the Secretary of State shall forward a copy of the
305	executed compact and the ratifying act to the United States
306	Secretary of the Interior for his or her review and approval, in
307	accordance with 25 U.S.C. s. 2710(8)(d).
308	Section 4.  Paragraph (j) of subsection (1) of section
309	551.103, Florida Statutes, is redesignated as paragraph (k), and
310	a new paragraph (j) is added to that subsection to read:
311	551.103  Powers and duties of the division and law
312	enforcement.-
313	(1)  The division shall adopt, pursuant to the provisions
314	of ss. 120.536(1) and 120.54, all rules necessary to implement,
315	administer, and regulate slot machine gaming as authorized in
316	this chapter. Such rules must include:
317	(j)  Minimum standards to be followed by a slot machine
318	licensee for employment of or contracts for armed or unarmed
319	security personnel consistent with general law.
320	Section 5.  Section 26 of chapter 2009-170, Laws of
321	Florida, is amended to read:
322	Section 26.  Sections 1 through 3 of this act and this
323	section shall take effect upon becoming law. Sections 4 through
324	25 shall take effect only if the Governor and an authorized
325	representative of the Seminole Tribe of Florida execute an
326	Indian Gaming Compact pursuant to the Indian Gaming Regulatory
327	Act of 1988 and requirements of this act, only if the compact is
328	ratified by the Legislature, and only if the compact is approved
329	or deemed approved, and not voided pursuant to the terms of this
330	act, by the Department of the Interior, and such sections take
331	effect on the date that the approved compact is published in the
332	Federal Register.
333	Section 6.  Sections 4 through 25 of chapter 2009-170, Laws
334	of Florida, shall take effect upon this act becoming a law.
335	Section 7.  This act shall take effect upon becoming a law.

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