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: 271 546.20 Exemption.—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.;