Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì244100VÎ244100                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  02/19/2016           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Regulated Industries (Negron) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 208
    4  insert:
    5         Section 1. Section 546.11, Florida Statutes, is created to
    6  read:
    7         546.11 Short title.—Sections 546.11-546.20 may be cited as
    8  the “Fantasy Contest Amusement Act.”
    9         Section 2. Section 546.12, Florida Statutes, is created to
   10  read:
   11         546.12 Legislative intent.—It is the intent of the
   12  Legislature to ensure public confidence in the integrity of
   13  fantasy contests and fantasy contest operators. This act is
   14  designed to strictly regulate the operators of fantasy contests
   15  and individuals who participate in such contests and to adopt
   16  consumer protections related to fantasy contests. Furthermore,
   17  the Legislature finds that fantasy contests, as that term is
   18  defined in s. 546.13, involve the skill of contest participants
   19  and do not constitute gambling, gaming, or games of chance.
   20         Section 3. Section 546.13, Florida Statutes, is created to
   21  read:
   22         546.13 Definitions.—As used in ss. 546.11-546.19, the term:
   23         (1) “Confidential information” means information related to
   24  the playing of fantasy contests by contest participants which is
   25  obtained solely as a result of a person’s employment with or
   26  work as an agent of a contest operator.
   27         (2) “Contest operator” means a person or an entity other
   28  than a noncommercial contest operator which offers fantasy
   29  contests that require an entry fee for a cash prize to members
   30  of the public.
   31         (3) “Contest participant” means a person who pays an entry
   32  fee for the ability to participate in a fantasy contest offered
   33  by a contest operator.
   34         (4) “Entry fee” means the cash or cash equivalent amount
   35  that is required to be paid by a fantasy contest player to a
   36  fantasy contest operator to participate in a fantasy contest.
   37         (5) “Fantasy contest” means a fantasy or simulation sports
   38  game or contest offered by a contest operator or a noncommercial
   39  contest operator in which a contest participant manages a
   40  fantasy or simulation sports team composed of athletes from an
   41  amateur or professional sports organization and which meets the
   42  following conditions:
   43         (a) All prizes and awards offered to winning participants
   44  are established and made known to the participants in advance of
   45  the game or contest and their value is not determined by the
   46  number of participants or the amount of any fees paid by those
   47  participants.
   48         (b) All winning outcomes reflect the relative knowledge and
   49  skill of the participants and are determined predominantly by
   50  accumulated statistical results of the performance of the
   51  athletes participating in multiple real-world sporting or other
   52  events. However, a winning outcome may not be based:
   53         1. On the score, point spread, or any performance or
   54  performances of a single real-world team or any combination of
   55  such teams; or
   56         2. Solely on any single performance of an individual
   57  athlete in a single real-world sporting or other event.
   58         (6) “Noncommercial contest operator” means a person who
   59  organizes and conducts a fantasy contest, or who makes available
   60  a fantasy contest software platform, in which participants may
   61  be charged fees for the right to participate; fees are
   62  collected, maintained, and distributed by the same person; and
   63  all fees are returned to the players in the form of prizes.
   64         (7) “Office” means the Office of Amusements created in s.
   65  546.14.
   66         Section 4. Section 546.14, Florida Statutes is created to
   67  read:
   68         546.14 Office of Amusements.—
   69         (1) The Office of Amusements is created within the
   70  Department of Business and Professional Regulation. The office
   71  shall operate under the supervision of a senior manager exempt
   72  under s. 110.205 in the Senior Management Service and appointed
   73  by the secretary.
   74         (2) The duties of the office include, but are not limited
   75  to, administering and enforcing this act and any rules adopted
   76  pursuant thereto and any other duties authorized by the
   77  Secretary of Business and Professional Regulation. The office
   78  may work with department personnel as needed to assist in
   79  fulfilling its duties.
   80         (3) The office may:
   81         (a) Conduct investigations and monitor the operation and
   82  play of fantasy contests.
   83         (b) Review the books, accounts, and records of any current
   84  or former contest operator.
   85         (c) Suspend or revoke any license, after hearing, for any
   86  violation of state law or rule.
   87         (d) Take testimony, issue summons and subpoenas for any
   88  witness, and issue subpoenas duces tecum in connection with any
   89  matter within its jurisdiction.
   90         (e) Monitor and ensure the proper collection and
   91  safeguarding of contest fees and the payment of contest prizes
   92  in accordance with consumer protection procedures adopted
   93  pursuant to s. 546.16.
   94         (4) The office may adopt rules to implement this act.
   95         Section 5. Section 546.15, Florida Statutes, is created to
   96  read:
   97         546.15 Licensing.—
   98         (1) A contest operator that offers fantasy contests for
   99  play by persons in this state must be licensed by the office to
  100  conduct fantasy contests within this state. The initial license
  101  application fee is $500,000 and the annual license renewal fee
  102  is $100,000, however, the respective fees may not exceed 10
  103  percent of the amount of entry fees collected by a contest
  104  operator from the operation of fantasy contests in this state,
  105  less the amount of cash or cash equivalents paid to contest
  106  participants. The office shall require the contest operator to
  107  provide written evidence of the proposed amount of entry fees
  108  and cash or cash equivalents to be paid to contest participants
  109  during the annual license period. Prior to renewing a license,
  110  the contest operator shall provide written evidence to the
  111  office of the actual entry fees collected and cash or cash
  112  equivalents paid to contest participants during the previous
  113  period of licensure. The contest operator shall remit to the
  114  office any difference in license fee that results from the
  115  difference between the proposed amount of entry fees and cash or
  116  cash equivalents paid to contest participants and the actual
  117  amounts collected and paid.
  118         (2) The office shall grant or deny a complete application
  119  within 120 days after receipt, and a completed application that
  120  is not acted upon by the office within 120 days after receipt is
  121  deemed approved, and the office shall issue the license.
  122  Applications for a contest operator’s license are exempt from
  123  the 90-day licensure timeframe imposed in s. 120.60(1).
  124         (3) The application must include:
  125         (a) The full name of the applicant.
  126         (b) If the applicant is a corporation, the name of the
  127  state in which the applicant is incorporated and the names and
  128  addresses of the officers, directors, and shareholders of the
  129  corporation who hold 5 percent or more equity.
  130         (c) If the applicant is a business entity other than a
  131  corporation, the names and addresses of the principals,
  132  partners, or shareholders who hold 5 percent or more equity.
  133         (d) The names and addresses of the ultimate equitable
  134  owners of the corporation or other business entity, if different
  135  from those provided under paragraphs (b) and (c), unless the
  136  securities of the corporation or entity are registered pursuant
  137  to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
  138  78a-78kk, and:
  139         1. The corporation or entity files with the United States
  140  Securities and Exchange Commission, the reports required by s.
  141  13 of that act; or
  142         2. The securities of the corporation or entity are
  143  regularly traded on an established securities market in the
  144  United States.
  145         (e) The estimated number of fantasy sports contests to be
  146  conducted by the applicant annually.
  147         (f) A statement of the assets and liabilities of the
  148  applicant.
  149         (g) If required by the office, the names and addresses of
  150  the officers and directors of any debtor of the applicant and of
  151  stockholders who hold more than 10 percent of the stock of the
  152  debtor.
  153         (h) For each individual listed in the application as an
  154  officer or director, a complete set of fingerprints taken by an
  155  authorized law enforcement officer. The office shall submit such
  156  fingerprints to the Federal Bureau of Investigation for national
  157  processing. Foreign nationals shall submit such documents as
  158  necessary to allow the office to conduct criminal history
  159  records checks in the individual’s home country. The applicant
  160  must pay the full cost of processing fingerprints and required
  161  documentation. The office also may charge a $2 handling fee for
  162  each set of fingerprints submitted.
  163         (4) A person or entity is not eligible for licensure as a
  164  contest operator or licensure renewal if he or she or an officer
  165  or director of the entity is determined by the office, after
  166  investigation, not to be of good moral character or if found to
  167  have been convicted of a felony in this state, any offense in
  168  another jurisdiction which would be considered a felony if
  169  committed in this state, or a felony under the laws of the
  170  United States. For purposes of this subsection, the term
  171  “convicted” means having been found guilty, with or without
  172  adjudication of guilt, as a result of a jury verdict, nonjury
  173  trial, or entry of a plea of guilty or nolo contendere.
  174         (5) The contest operator shall provide evidence of a surety
  175  bond in the amount of $1 million, payable to the state,
  176  furnished by a corporate surety authorized to do business. The
  177  surety bond shall be kept in full force and effect by the
  178  contest operator during the term of the license and any renewal
  179  thereof. The office shall adopt by rule the form required for
  180  such surety bond.
  181         (6)The office may not issue a license pursuant to this
  182  section unless the Gaming Compact between the Seminole Tribe of
  183  Florida and the State of Florida, authorized pursuant to s.
  184  285.710(3)(b), indicates that fantasy contests operated by such
  185  fantasy contest operator do not violate any of the compact’s
  186  provisions.
  187         (7) The office may suspend, revoke, or deny the license of
  188  a contest operator who fails to comply with this act or rules
  189  adopted pursuant thereto.
  190         Section 6. Section 546.16, Florida Statutes, is created to
  191  read:
  192         546.16 Consumer protection.—
  193         (1) A contest operator who charges an entry fee to contest
  194  participants shall implement procedures for fantasy sports
  195  contests which:
  196         (a) Prevent employees of the fantasy contest operator, and
  197  relatives living in the same household as such employees, from
  198  competing in a fantasy contest in which a cash prize is awarded.
  199         (b) Prohibit the contest operator from being a contest
  200  participant in a fantasy contest that he or she offers.
  201         (c) Prevent the employees or agents of the contest operator
  202  from sharing with third parties confidential information that
  203  could affect fantasy contest play until the information has been
  204  made publicly available.
  205         (d) Verify that contest participants are 18 years of age or
  206  older.
  207         (e) Restrict an individual who is a player, a game
  208  official, or another participant in a real-world game or
  209  competition from participating in a fantasy contest that is
  210  determined, in whole or in part, on the performance of that
  211  individual, the individual’s real-world team, or the accumulated
  212  statistical results of the sport or competition in which he or
  213  she is a player, game official, or other participant.
  214         (f) Allow individuals to restrict or prevent their own
  215  access to a fantasy contest and take reasonable steps to prevent
  216  those individuals from entering a fantasy sports contest.
  217         (g) Limit the number of entries a single contest
  218  participant may submit to each fantasy contest and take
  219  reasonable steps to prevent participants from submitting more
  220  than the allowable number of entries.
  221         (h) Segregate contest participants’ funds from operational
  222  funds and maintain a reserve in the form of cash, cash
  223  equivalents, an irrevocable letter of credit, a bond, or a
  224  combination thereof in the total amount of deposits in contest
  225  participants’ accounts for the benefit and protection of
  226  authorized contest participants’ funds held in fantasy contest
  227  accounts.
  228         (2) A contest operator that offers fantasy contests in this
  229  state which require contest participants to pay an entry fee
  230  shall annually contract with a third party to perform an
  231  independent audit, consistent with the standards established by
  232  the Public Company Accounting Oversight Board, to ensure
  233  compliance with this act. The contest operator shall submit the
  234  results of the independent audit to the office.
  235         Section 7. Section 546.17, Florida Statutes is created to
  236  read:
  237         546.17 Records and reports.—
  238         (1) Each contest operator shall keep and maintain daily
  239  records of its operations relevant to compliance with ss. 546.15
  240  and 546.16 and shall maintain such records for a period of at
  241  least 3 years. The records must sufficiently detail all
  242  financial transactions to determine compliance with the
  243  requirements of this section and must be available for audit and
  244  inspection by the office or other law enforcement agencies
  245  during the contest operator’s regular business hours. The office
  246  shall adopt rules to implement this subsection.
  247         (2) Each contest operator shall file quarterly with the
  248  office a report that includes the required records and any
  249  additional information deemed necessary by the office. The
  250  report shall be submitted on forms prescribed by the office, and
  251  are deemed public records once filed.
  252         Section 8. Section 546.18, Florida Statutes, is created to
  253  read:
  254         549.18 Consent required.—A contest operator who charges an
  255  entry fee to contest participants shall ensure that any fantasy
  256  contests involving horseracing have received the consent
  257  specified in the Interstate Horseracing Act of 1978, 92 Stat.
  258  1811, 15 U.S.C. ss. 3001 et seq.
  259         Section 9. Section 546.19, Florida Statutes, is created to
  260  read:
  261         546.19 Penalties.—In addition to other applicable
  262  administrative, civil, and criminal sanctions, a contest
  263  operator, or an employee or agent thereof, who violates this act
  264  is subject to a civil penalty not to exceed $5,000 for each
  265  violation, not to exceed $100,000 in the aggregate, which shall
  266  accrue to the state. An action to recover such penalties may be
  267  brought by the office or the Department of Legal Affairs in the
  268  circuit courts in the name and on behalf of the state.
  269         Section 10. Section 546.20, Florida Statutes, is created to
  270  read:
  271         546.20Exemption.—Fantasy contests conducted by a contest
  272  operator or noncommercial contest operator in accordance with
  273  this act are not subject to s. 849.01, s. 849.08, s. 849.09, s.
  274  849.11, s. 849.14, or s. 849.25.
  275         Section 11. The penalty provisions established by s.
  276  546.18, Florida Statutes, do not apply to a contest operator who
  277  applies for a license within 90 days after the effective date of
  278  this act and receives a license within 240 days after the
  279  effective date of this act.
  280  
  281  ================= T I T L E  A M E N D M E N T ================
  282  And the title is amended as follows:
  283         Delete line 2
  284  and insert:
  285         An act relating to gaming; creating s. 546.11, F.S.;
  286         providing a short title; creating s. 546.12, F.S.;
  287         providing legislative findings and intent; creating s.
  288         546.13, F.S.; defining terms; creating s. 545.14,
  289         F.S.; creating the Office of Amusements within the
  290         Department of Business and Professional Regulation;
  291         requiring that the office be under the supervision of
  292         a senior manager who is exempt from the Career Service
  293         System and is appointed by the secretary of the
  294         department; providing duties of the office; providing
  295         for rulemaking; creating s. 546.15, F.S.; providing
  296         licensing requirements for contest operators offering
  297         fantasy contests; requiring the office to grant or
  298         deny a license within a specified timeframe; providing
  299         that a completed application is deemed approved 120
  300         days after receipt by the office under certain
  301         circumstances; providing requirements for the license
  302         application; providing that persons or entities are
  303         not eligible for licensure under certain
  304         circumstances; providing a definition; requiring a
  305         contest operator to provide evidence of a surety bond;
  306         requiring the surety bond to be kept during the term
  307         of the license and any renewal term thereafter;
  308         providing that a license may not be issued if it
  309         violates the Gaming Compact; authorizing the office to
  310         suspend, revoke, or deny a license under certain
  311         circumstances; creating s. 546.16, F.S.; requiring a
  312         contest operator to implement specified consumer
  313         protection procedures; requiring a contest operator to
  314         annually contract with a third party to perform an
  315         independent audit; requiring a contest operator to
  316         submit the audit results to the department; creating
  317         s. 546.17, F.S.; requiring contest operators to keep
  318         and maintain certain records for a specified period;
  319         providing requirements; providing for rulemaking;
  320         requiring a contest operator to file a quarterly
  321         report with the office; creating s. 546.18, F.S.;
  322         requiring a contest operator to obtain certain consent
  323         for certain fantasy contests; creating s. 546.19,
  324         F.S.; providing a civil penalty; creating s. 546.20,
  325         F.S.; exempting fantasy contests from certain
  326         provisions in ch. 849, F.S.; providing applicability
  327         of penalty provisions; amending s. 550.002, F.S.;