Florida Senate - 2017 SB 592 By Senator Young 18-00385E-17 2017592__ 1 A bill to be entitled 2 An act relating to fantasy contests; creating s. 3 546.11, F.S.; providing a short title; creating s. 4 546.12, F.S.; providing legislative findings and 5 intent; creating s. 546.13, F.S.; defining terms; 6 creating s. 546.14, F.S.; creating the Office of 7 Amusements within the Department of Business and 8 Professional Regulation; requiring that the office be 9 under the supervision of a senior manager who is 10 exempt from the Career Service System and is appointed 11 by the secretary of the department; providing duties 12 of the office; providing for rulemaking; creating s. 13 546.15, F.S.; providing licensing requirements for 14 contest operators offering fantasy contests; providing 15 licensing application and renewal fees; requiring the 16 office to grant or deny a license within a specified 17 timeframe; providing that a completed application is 18 deemed approved 120 days after receipt by the office 19 under certain circumstances; exempting applications 20 for a contest operator’s license from certain 21 licensure timeframe requirements; providing 22 requirements for the license application; providing 23 that specified persons or entities are not eligible 24 for licensure under certain circumstances; defining 25 the term “convicted”; authorizing the office to 26 suspend, revoke, or deny a license under certain 27 circumstances; creating s. 546.16, F.S.; requiring a 28 contest operator to implement specified consumer 29 protection procedures under certain circumstances; 30 requiring a contest operator to annually contract with 31 a third party to perform an independent audit under 32 certain circumstances; requiring a contest operator to 33 submit the audit results to the office; creating s. 34 546.17, F.S.; requiring contest operators to keep and 35 maintain certain records for a specified period; 36 requiring such records to be available for audit and 37 inspection; providing for rulemaking; creating s. 38 546.18, F.S.; providing a civil penalty; creating s. 39 546.19, F.S.; exempting fantasy contests from certain 40 provisions in ch. 849, F.S.; providing applicability 41 of specified penalty provisions; providing a directive 42 to the Division of Law Revision and Information; 43 providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Section 546.11, Florida Statutes, is created to 48 read: 49 546.11 Short title.—Sections 546.11-546.19 may be cited as 50 the “Fantasy Contest Amusement Act.” 51 Section 2. Section 546.12, Florida Statutes, is created to 52 read: 53 546.12 Legislative intent.—It is the intent of the 54 Legislature to ensure public confidence in the integrity of 55 fantasy contests and fantasy contest operators. This act is 56 designed to strictly regulate the operators of fantasy contests 57 and individuals who participate in such contests and to adopt 58 consumer protections related to fantasy contests. Furthermore, 59 the Legislature finds that fantasy contests, as that term is 60 defined in s. 546.13, involve the skill of contest participants 61 and do not constitute gambling, gaming, or games of chance. 62 Section 3. Section 546.13, Florida Statutes, is created to 63 read: 64 546.13 Definitions.—As used in ss. 546.11-546.19, the term: 65 (1) “Confidential information” means information related to 66 the playing of fantasy contests by contest participants which is 67 obtained solely as a result of a person’s employment with, or 68 work as an agent of, a contest operator. 69 (2) “Contest operator” means a person or entity that offers 70 fantasy contests for a cash prize to members of the public. 71 (3) “Contest participant” means a person who pays an entry 72 fee for the ability to participate in a fantasy contest offered 73 by a contest operator. 74 (4) “Entry fee” means the cash or cash equivalent amount 75 that is required to be paid by a person to a contest operator to 76 participate in a fantasy contest. 77 (5) “Fantasy contest” means a fantasy or simulation sports 78 game or contest offered by a contest operator or a noncommercial 79 contest operator in which a contest participant manages a 80 fantasy or simulation sports team composed of athletes from a 81 professional sports organization and which meets the following 82 conditions: 83 (a) All prizes and awards offered to winning contest 84 participants are established and made known to the contest 85 participants in advance of the game or contest and their value 86 is not determined by the number of contest participants or the 87 amount of any fees paid by those contest participants. 88 (b) All winning outcomes reflect the relative knowledge and 89 skill of the contest participants and are determined 90 predominantly by accumulated statistical results of the 91 performance of the athletes participating in multiple real-world 92 sporting or other events. However, a winning outcome may not be 93 based: 94 1. On the score, point spread, or any performance or 95 performances of a single real-world team or any combination of 96 such teams; 97 2. Solely on any single performance of an individual 98 athlete in a single real-world sporting or other event; 99 3. On a live pari-mutuel event, as the term “pari-mutuel” 100 is defined in s. 550.002; or 101 4. On the performance of athletes participating in an 102 amateur sporting event. 103 (6) “Noncommercial contest operator” means a person who 104 organizes and conducts a fantasy contest in which contest 105 participants are charged entry fees for the right to 106 participate; entry fees are collected, maintained, and 107 distributed by the same person; and all entry fees are returned 108 to the contest participants in the form of prizes. 109 (7) “Office” means the Office of Amusements created in s. 110 546.14. 111 Section 4. Section 546.14, Florida Statutes is created to 112 read: 113 546.14 Office of Amusements.— 114 (1) The Office of Amusements is created within the 115 Department of Business and Professional Regulation. The office 116 shall operate under the supervision of a senior manager exempt 117 under s. 110.205 in the Senior Management Service appointed by 118 the Secretary of Business and Professional Regulation. 119 (2) The duties of the office include, but are not limited 120 to, administering and enforcing this act and any rules adopted 121 pursuant to this act and any other duties authorized by the 122 secretary. The office may work with department personnel as 123 needed to assist in fulfilling its duties. 124 (3) The office may: 125 (a) Conduct investigations and monitor the operation and 126 play of fantasy contests. 127 (b) Review the books, accounts, and records of any current 128 or former contest operator. 129 (c) Suspend or revoke any license, after a hearing, for any 130 violation of state law or rule. 131 (d) Take testimony, issue summons and subpoenas for any 132 witness, and issue subpoenas duces tecum in connection with any 133 matter within its jurisdiction. 134 (e) Monitor and ensure the proper collection and 135 safeguarding of entry fees and the payment of contest prizes in 136 accordance with consumer protection procedures adopted pursuant 137 to s. 546.16. 138 (4) The office may adopt rules to implement and administer 139 this act. 140 Section 5. Section 546.15, Florida Statutes, is created to 141 read: 142 546.15 Licensing.— 143 (1) A contest operator that offers fantasy contests for 144 play by persons in this state must be licensed by the office to 145 conduct fantasy contests within this state. The initial license 146 application fee is $500,000, and the annual license renewal fee 147 is $100,000; however, the respective fees may not exceed 10 148 percent of the amount of entry fees collected by a contest 149 operator from the operation of fantasy contests in this state, 150 less the amount of cash or cash equivalents paid to contest 151 participants. The office shall require the contest operator to 152 provide written evidence of the proposed amount of entry fees 153 and cash or cash equivalents to be paid to contest participants 154 during the annual license period. Before renewing a license, the 155 contest operator shall provide written evidence to the office of 156 the actual entry fees collected and cash or cash equivalents 157 paid to contest participants during the previous period of 158 licensure. The contest operator shall remit to the office any 159 difference in license fee which results from the difference 160 between the proposed amount of entry fees and cash or cash 161 equivalents paid to contest participants and the actual amounts 162 collected and paid. 163 (2) The office shall grant or deny a completed application 164 within 120 days after receipt. A completed application that is 165 not acted upon by the office within 120 days after receipt is 166 deemed approved, and the office shall issue the license. 167 Applications for a contest operator’s license are exempt from 168 the 90-day licensure timeframe imposed in s. 120.60(1). 169 (3) The application must include: 170 (a) The full name of the applicant. 171 (b) If the applicant is a corporation, the name of the 172 state in which the applicant is incorporated and the names and 173 addresses of the officers, directors, and shareholders who hold 174 15 percent or more equity. 175 (c) If the applicant is a business entity other than a 176 corporation, the names and addresses of each principal, partner, 177 or shareholder who holds 15 percent or more equity. 178 (d) The names and addresses of the ultimate equitable 179 owners of the corporation or other business entity, if different 180 from those provided under paragraphs (b) or (c), unless the 181 securities of the corporation or entity are registered pursuant 182 to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss. 183 78a-78kk, and: 184 1. The corporation or entity files with the United States 185 Securities and Exchange Commission the reports required by s. 13 186 of that act; or 187 2. The securities of the corporation or entity are 188 regularly traded on an established securities market in the 189 United States. 190 (e) The estimated number of fantasy contests to be 191 conducted by the applicant annually. 192 (f) A statement of the assets and liabilities of the 193 applicant. 194 (g) If required by the office, the names and addresses of 195 the officers and directors of any debtor of the applicant and of 196 stockholders who hold more than 10 percent of the stock of the 197 debtor. 198 (h) For each individual listed in the application as an 199 officer or director, a complete set of fingerprints taken by an 200 authorized law enforcement officer. The office shall submit such 201 fingerprints to the Federal Bureau of Investigation for national 202 processing. A foreign national shall submit such documents as 203 necessary to allow the office to conduct criminal history 204 records checks in the individual’s home country. The applicant 205 must pay the full cost of processing fingerprints and required 206 documentation. The office also may charge a $2 handling fee for 207 each set of fingerprints submitted. 208 (4) A person or entity is not eligible for licensure as a 209 contest operator or for licensure renewal if the person or an 210 officer or director of the entity is determined by the office, 211 after investigation, not to be of good moral character or is 212 found to have been convicted of a felony in this state, any 213 offense in another jurisdiction which would be considered a 214 felony if committed in this state, or a felony under the laws of 215 the United States. As used in this subsection, the term 216 “convicted” means having been found guilty, with or without 217 adjudication of guilt, as a result of a jury verdict, nonjury 218 trial, or entry of a plea of guilty or nolo contendere. 219 (5) The office may suspend, revoke, or deny the license of 220 a contest operator who fails to comply with this act or rules 221 adopted pursuant hereto. 222 Section 6. Section 546.16, Florida Statutes, is created to 223 read: 224 546.16 Consumer protection.— 225 (1) A contest operator that charges an entry fee to contest 226 participants shall implement procedures for fantasy contests 227 which: 228 (a) Prevent employees of the contest operator, and 229 relatives living in the same household as such employees, from 230 competing in a fantasy contest in which a cash prize is awarded. 231 (b) Prohibit the contest operator from being a contest 232 participant in a fantasy contest that he or she offers. 233 (c) Prevent employees or agents of the contest operator 234 from sharing with third parties confidential information that 235 could affect fantasy contest play until the information has been 236 made publicly available. 237 (d) Verify that contest participants are 18 years of age or 238 older. 239 (e) Restrict an individual who is a player, a game 240 official, or another participant in a real-world game or 241 competition from participating in a fantasy contest that is 242 determined, in whole or in part, on the performance of that 243 individual, the individual’s real-world team, or the accumulated 244 statistical results of the sport or competition in which he or 245 she is a player, game official, or other participant. 246 (f) Allow individuals to restrict or prevent their own 247 access to such a fantasy contest and take reasonable steps to 248 prevent those individuals from entering a fantasy contest. 249 (g) Limit the number of entries a single contest 250 participant may submit to each fantasy contest and take 251 reasonable steps to prevent participants from submitting more 252 than the allowable number of entries. 253 (h) Segregate contest participants’ funds from operational 254 funds or maintain a reserve in the form of cash, cash 255 equivalents, payment processor reserves, payment processor 256 receivables, an irrevocable letter of credit, a bond, or a 257 combination thereof in the total amount of deposits in contest 258 participants’ accounts for the benefit and protection of 259 authorized contest participants’ funds held in fantasy contest 260 accounts. 261 (2) A contest operator that offers fantasy contests in this 262 state which require contest participants to pay an entry fee 263 shall annually contract with a third party to perform an 264 independent audit, consistent with the standards established by 265 the American Institute of Certified Public Accountants, to 266 ensure compliance with this act. The contest operator shall 267 submit the results of the independent audit to the office. 268 Section 7. Section 546.17, Florida Statutes, is created to 269 read: 270 546.17 Records and reports.—Each contest operator shall 271 keep and maintain daily records of its operations and shall 272 maintain such records for at least 3 years. The records must 273 sufficiently detail all financial transactions to determine 274 compliance with the requirements of this section and must be 275 available for audit and inspection by the office or other law 276 enforcement agencies during the contest operator’s regular 277 business hours. The office shall adopt rules to implement this 278 section. 279 Section 8. Section 546.18, Florida Statutes, is created to 280 read: 281 546.18 Penalties.—A contest operator, or an employee or 282 agent thereof, who violates this act is subject to a civil 283 penalty, not to exceed $5,000 for each violation and not to 284 exceed $100,000 in the aggregate, which shall accrue to the 285 state. An action to recover such penalties may be brought by the 286 office or the Department of Legal Affairs in the circuit courts 287 in the name and on behalf of the state. 288 Section 9. Section 546.19, Florida Statutes, is created to 289 read: 290 546.19 Exemption.—Fantasy contests conducted by a contest 291 operator or noncommercial contest operator in accordance with 292 this act are not subject to s. 849.01, s. 849.08, s. 849.09, s. 293 849.11, s. 849.14, or s. 849.25. 294 Section 10. The penalty provisions established in s. 295 546.18, Florida Statutes, do not apply to a contest operator who 296 applies for a license within 90 days after the effective date of 297 this act and receives a license within 240 days after the 298 effective date of this act. 299 Section 11. The Division of Law Revision and Information is 300 directed to replace the phrase “the effective date of this act” 301 wherever it occurs in this act with the date the act becomes a 302 law. 303 Section 12. This act shall take effect upon becoming a law.