Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. HB 7067
       
       
       
       
       
       
                                Ì294316*Î294316                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .           Floor: RC            
             03/07/2018 02:38 PM       .      03/08/2018 12:10 PM       
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       Senator Hutson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1), subsection (3),
    6  and paragraphs (b) and (c) of subsection (10) of section
    7  285.710, Florida Statutes, are amended to read:
    8         285.710 Compact authorization.—
    9         (1) As used in this section, the term:
   10         (a) “Compact” means the Gaming Compact between the Seminole
   11  Tribe of Florida and the State of Florida, executed on April 7,
   12  2010.
   13         (3)(a) The Gaming Compact between the Seminole Tribe of
   14  Florida and the State of Florida, executed by the Governor and
   15  the Tribe on April 7, 2010, was is ratified and approved by
   16  chapter 2010-29, Laws of Florida. The Governor shall cooperate
   17  with the Tribe in seeking approval of the compact from the
   18  United States Secretary of the Interior.
   19         (b)The Governor, on behalf of this state, is hereby
   20  authorized and directed to execute a new compact with the Tribe
   21  as set forth in paragraph (c), and the Legislature hereby
   22  signifies in advance its approval and ratification of such
   23  compact, provided that it is identical to the compact set forth
   24  in paragraph (c) and becomes effective on or before January 1,
   25  2019. The Governor shall cooperate with the Tribe in seeking
   26  approval of such compact ratified and approved under this
   27  paragraph from the Secretary of the Department of the Interior.
   28  Upon becoming effective, such compact supersedes the Gaming
   29  Compact ratified and approved under paragraph (a), which shall
   30  then become null and void.
   31         (c)The Legislature hereby approves and ratifies the
   32  following Gaming Compact between the State of Florida and the
   33  Seminole Tribe of Florida, provided that such compact becomes
   34  effective on or before January 1, 2019:
   35  
   36        Gaming Compact Between the Seminole Tribe of Florida       
   37                      and the State of Florida                     
   38  
   39         This compact is made and entered into by and between the
   40  Seminole Tribe of Florida and the State of Florida, with respect
   41  to the operation of covered games, as defined herein, on the
   42  Tribe’s Indian lands, as defined by the Indian Gaming Regulatory
   43  Act, 25 U.S.C. ss. 2701 et seq.
   44  
   45                               PART I                              
   46  
   47         TITLE.—This document shall be referred to as the “Gaming
   48  Compact between the Seminole Tribe of Florida and the State of
   49  Florida.”
   50  
   51                               PART II                             
   52  
   53         LEGISLATIVE FINDINGS.—
   54         (1)The Seminole Tribe of Florida is a federally recognized
   55  tribal government that possesses sovereign powers and rights of
   56  self-government.
   57         (2)The State of Florida is a state of the United States of
   58  America that possesses the sovereign powers and rights of a
   59  state.
   60         (3)The State of Florida and the Seminole Tribe of Florida
   61  maintain a government-to-government relationship.
   62         (4)The United States Supreme Court has long recognized the
   63  right of an Indian Tribe to regulate activity on lands within
   64  its jurisdiction, but the United States Congress, through the
   65  Indian Gaming Regulatory Act, has given states a role in the
   66  conduct of tribal gaming in accordance with negotiated tribal
   67  state compacts.
   68         (5)Pursuant to the Seminole Tribe Amended Gaming
   69  Ordinance, adopted by Resolution No. C-195-06, and approved by
   70  the Chairman of the National Indian Gaming Commission on July
   71  10, 2006, hereafter referred to as the “Seminole Tribal Gaming
   72  Code,” the Seminole Tribe of Florida desires to offer the play
   73  of covered games, as defined in Part III, as a means of
   74  generating revenues for purposes authorized by the Indian Gaming
   75  Regulatory Act, including, without limitation, the support of
   76  tribal governmental programs, such as health care, housing,
   77  sewer and water projects, police, fire suppression, general
   78  assistance for tribal elders, day care for children, economic
   79  development, educational opportunities, per capita payments to
   80  tribal members, and other typical and valuable governmental
   81  services and programs for tribal members.
   82         (6)This compact is the only gaming compact between the
   83  Tribe and the state. This compact supersedes the Gaming Compact
   84  between the Tribe and the state executed on or about April 7,
   85  2010, which was subsequently ratified by the Legislature and
   86  went into effect on or about July 6, 2010.
   87         (7)It is in the best interests of the Seminole Tribe of
   88  Florida and the State of Florida for the state to enter into a
   89  compact with the Tribe that recognizes the Tribe’s right to
   90  offer certain Class III gaming and provides substantial
   91  exclusivity of such activities in conjunction with a reasonable
   92  revenue sharing arrangement between the Tribe and the state that
   93  will entitle the state to significant revenue participation.
   94  
   95                              PART III                             
   96  
   97         DEFINITIONS.—As used in this compact, the term:
   98         (1)“Annual oversight assessment” means the amount owed by
   99  the Tribe to the state for reimbursement for the actual and
  100  reasonable costs incurred by the state compliance agency to
  101  perform the monitoring functions set forth under the compact.
  102         (2)“Class II video bingo terminals” means any electronic
  103  aid to a Class II bingo game that includes a video spinning reel
  104  or mechanical spinning reel display.
  105         (3)“Class III gaming” means the forms of Class III gaming
  106  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
  107  National Indian Gaming Commission, as of January 1, 2018.
  108         (4)“Commission” means the Seminole Tribal Gaming
  109  Commission, which is the tribal governmental agency that has the
  110  authority to carry out the Tribe’s regulatory and oversight
  111  responsibilities under this compact.
  112         (5)“Compact” means this Gaming Compact between the
  113  Seminole Tribe of Florida and the State of Florida.
  114         (6)“Covered game” or “covered gaming activity” means the
  115  following Class III gaming activities:
  116         (a)Slot machines, which may use spinning reels, video
  117  displays, or both, and which machines must meet all of the
  118  following requirements:
  119         1.Any mechanical or electrical contrivance, terminal that
  120  may or may not be capable of downloading slot games from a
  121  central server system, machine, or other device.
  122         2.Require, for play or operation, the insertion of a coin,
  123  bill, ticket, token, or similar object, or payment of any
  124  consideration whatsoever, including the use of any electronic
  125  payment system, except a credit card or debit card, unless state
  126  law authorizes the use of an electronic payment system that uses
  127  a credit or debit card payment, in which case the Tribe is
  128  authorized to use such payment system.
  129         3.Are available to play or operate, the play or operation
  130  of which, whether by reason of skill or application of the
  131  element of chance or both, may deliver or entitle the person or
  132  persons playing or operating the contrivance, terminal, machine,
  133  or other device to receive cash, billets, tickets, tokens, or
  134  electronic credits to be exchanged for cash or to receive
  135  merchandise or anything of value whatsoever, whether the payoff
  136  is made automatically from the machine or manually.
  137         4.Include associated equipment necessary to conduct the
  138  operation of the contrivance, terminal, machine, or other
  139  device.
  140         (b)Banking or banked card games, such as baccarat, chemin
  141  de fer, and blackjack or 21.
  142         (c)Raffles and drawings.
  143         (d)Live table games.
  144         (e) Any new game, if expressly authorized by the
  145  Legislature pursuant to legislation enacted subsequent to the
  146  effective date of this compact and lawfully conducted by any
  147  person for any purpose pursuant to such authorization.
  148         (7)“Covered game employee” or “covered employee” means an
  149  individual employed and licensed by the Tribe whose
  150  responsibilities include the rendering of services with respect
  151  to the operation, maintenance, or management of covered games,
  152  including, but not limited to, managers and assistant managers;
  153  accounting personnel; commission officers; surveillance and
  154  security personnel; cashiers, supervisors, and floor personnel;
  155  cage personnel; and any other employee whose employment duties
  156  require or authorize access to areas of the facility related to
  157  the conduct of covered games or the technical support or storage
  158  of covered game components. The term does not include the
  159  Tribe’s elected officials, provided that such individuals are
  160  not directly involved in the operation, maintenance, or
  161  management of covered games or covered games components.
  162         (8)“Documents” means books, records, electronic, magnetic,
  163  and computer media documents, and other writings and materials,
  164  copies of such documents and writings, and information contained
  165  in such documents and writings.
  166         (9)“Effective date” means the date on which the compact
  167  becomes effective pursuant to subsection (1) of Part XVI.
  168         (10)“Electronic bingo machine” means a card minding
  169  device, which may only be used in connection with a bingo game
  170  as defined in s. 849.0931(1)(a), Florida Statutes, which is
  171  certified in advance by an independent testing laboratory
  172  approved by the Division of Pari-Mutuel Wagering as a bingo aid
  173  device that meets all of the following requirements:
  174         (a)Aids a bingo game player by:
  175         1.Storing in the memory of the device not more than three
  176  bingo faces of tangible bingo cards as defined by s.
  177  849.0931(1)(b), Florida Statutes, purchased by a player.
  178         2.Comparing the numbers drawn and individually entered
  179  into the device by the player to the bingo faces previously
  180  stored in the memory of the device.
  181         3.Identifying preannounced winning bingo patterns marked
  182  or covered on the stored bingo faces.
  183         (b)Is not capable of accepting or dispensing any coins,
  184  currency, or tokens.
  185         (c)Is not capable of monitoring any bingo card face other
  186  than the faces of the tangible bingo card or cards purchased by
  187  the player for that game.
  188         (d)Is not capable of displaying or representing the game
  189  result through any means other than highlighting the winning
  190  numbers marked or covered on the bingo card face or giving an
  191  audio alert that the player’s card has a prize-winning pattern.
  192  No casino game graphics, themes, or titles, including, but not
  193  limited to, depictions of slot machine-style symbols, cards,
  194  craps, roulette, or lottery may be used.
  195         (e)Is not capable of determining the outcome of any game.
  196         (f)Does not award progressive prizes of more than $2,500.
  197         (g)Does not award prizes exceeding $1,000, other than
  198  progressive prizes not exceeding $2,500.
  199         (h)Does not contain more than one player position for
  200  playing bingo.
  201         (i)Does not contain or does not link to more than one
  202  video display.
  203         (j)Awards prizes based solely on the results of the bingo
  204  game, with no additional element of chance.
  205         (11)“Facility” means a building or buildings of the Tribe
  206  in which the covered games authorized by this compact are
  207  conducted.
  208         (12)“Guaranteed minimum compact term payment” means a
  209  minimum total payment for the guarantee payment period of $3
  210  billion, which shall include all revenue share payments during
  211  the guarantee payment period.
  212         (13) “Guarantee payment period” means the seven-year period
  213  beginning July 1, 2018, and ending June 30, 2025.
  214         (14)“Guaranteed revenue sharing cycle payment” means the
  215  payments as provided in Part XI.
  216         (15)“Historic racing machine” means an individual historic
  217  race terminal linked to a central server as part of a network
  218  based video game, where the terminals allow pari-mutuel wagering
  219  by players on the results of previously conducted horse or
  220  greyhound races, but only if the game is certified in advance by
  221  an independent testing laboratory approved by the Division of
  222  Pari-Mutuel Wagering as complying with all of the following
  223  requirements:
  224         (a)Stores all data on previously conducted horse or
  225  greyhound races in a secure format on the central server, which
  226  is located at the pari-mutuel facility.
  227         (b)Uses only horse or greyhound races that were recorded
  228  at licensed pari-mutuel facilities in the United States after
  229  January 1, 2000.
  230         (c)Offers one or more of the following three bet types on
  231  all historic racing machines: win-place-show, quinella, or tri
  232  fecta.
  233         (d)Offers one or more of the following racing types:
  234  thoroughbreds, harness, or greyhounds.
  235         (e)Does not award progressive prizes of more than $2,500.
  236         (f)Does not award prizes exceeding $1,000, other than
  237  progressive prizes not exceeding $2,500.
  238         (g)After each wager is placed, displays a video of at
  239  least the final eight seconds of the horse or greyhound race
  240  before any prize is awarded or indicated on the historic racing
  241  machine.
  242         (h)The display of the video of the horse or greyhound race
  243  occupies at least 70 percent of the historic racing machine’s
  244  video screen and does not contain and is not linked to more than
  245  one video display.
  246         (i)Does not use casino game graphics, themes, or titles,
  247  including but not limited to, depictions of slot machine-style
  248  symbols, cards, craps, roulette, lottery, or bingo.
  249         (j)Does not use video or mechanical reel displays.
  250         (k)Does not contain more than one player position for
  251  placing wagers.
  252         (l)Does not dispense coins, currency, or tokens.
  253         (m)Awards prizes solely on the results of a previously
  254  conducted horse or greyhound race with no additional element of
  255  chance.
  256         (n)Uses a random number generator to select the race from
  257  the central server to be displayed to the player and the numbers
  258  or other designations of race entrants that will be used in the
  259  various bet types for any “Quick Pick” bets. To prevent an
  260  astute player from recognizing the race based on the entrants
  261  and thus knowing the results before placing a wager, the
  262  entrants of the race may not be identified until after all
  263  wagers for that race have been placed.
  264         (16)“Indian Gaming Regulatory Act” means the Indian Gaming
  265  Regulatory Act, Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467,
  266  codified at 25 U.S.C. ss. 2701 et seq. and 18 U.S.C. ss. 1166 to
  267  1168.
  268         (17)“Indian lands” means the lands defined in 25 U.S.C. s.
  269  2703(4).
  270         (18)“Initial payment period” means the period beginning on
  271  the effective date of the compact and ending on June 30, 2018.
  272         (19) “Live table games” means dice games, such as craps,
  273  sic-bo and any similar variations thereof, and wheel games, such
  274  as roulette, big six, and any similar variations thereof, but
  275  not including any game that is authorized as a slot machine,
  276  banking or banked card game, raffle, or drawing.
  277         (20) “Lottery vending machine” means any of the following
  278  four types of machines:
  279         (a)A machine that dispenses pre-printed paper instant
  280  lottery tickets, but that does not read or reveal the results of
  281  the ticket or allow a player to redeem any ticket. The machine,
  282  or any machine or device linked to the machine, does not include
  283  or make use of video reels or mechanical reels or other video
  284  depictions of slot machine or casino game themes or titles for
  285  game play, but does not preclude the use of casino game themes
  286  or titles on such tickets or signage or advertising displays on
  287  the machines.
  288         (b)A machine that dispenses pre-determined electronic
  289  instant lottery tickets and displays an image of the ticket on a
  290  video screen on the machine, where the player touches the image
  291  of the ticket on the video screen to reveal the outcome of the
  292  ticket, provided the machine does not permit a player to redeem
  293  winnings, does not make use of video reels or mechanical reels,
  294  and does not simulate the play of any casino game, and the
  295  lottery retailer is paid the same amount as would be paid for
  296  the sale of paper instant lottery tickets.
  297         (c)A machine that dispenses a paper lottery ticket with
  298  numbers selected by the player or randomly by the machine, but
  299  does not reveal the winning numbers. Such winning numbers are
  300  selected at a subsequent time and different location through a
  301  drawing conducted by the state lottery. The machine, or any
  302  machine or device linked to the machine, does not include or
  303  make use of video reels or mechanical reels or other video
  304  depictions of slot machine or casino game themes or titles for
  305  game play. The machine is not used to redeem a winning ticket.
  306  This does not preclude the use of casino game themes, titles for
  307  signage, or advertising displays on the machine.
  308         (d) A point-of-sale system to sell tickets for draw lottery
  309  games at gasoline pumps at retail fuel stations, provided the
  310  system dispenses a paper lottery receipt after the purchaser
  311  uses a credit card or debit card to purchase the ticket;
  312  processes transactions through a platform that is certified or
  313  otherwise approved by the Florida Lottery; does not directly
  314  dispense money or permit payment of winnings at the point-of
  315  sale terminal; and does not include or make use of video reels
  316  or mechanical reels or other slot machine or casino game themes
  317  or titles.
  318         (21)“Monthly payment” means the monthly revenue share
  319  payment which the Tribe remits to the state on the 15th day of
  320  the month following each month of the revenue sharing cycle.
  321         (22)“Net revenue base” means the net win for the 12 month
  322  period immediately preceding the offering of, for public or
  323  private use, Class III or other casino-style gaming at any of
  324  the licensed pari-mutuel facilities in Broward and Miami-Dade
  325  Counties, except that if the commencement of such new gaming is
  326  made during the initial payment period, “net revenue base” means
  327  net win for the 12-month period immediately preceding this
  328  compact.
  329         (23)“Net win” means the total receipts from the play of
  330  all covered games less all prize payouts and free play or
  331  promotional credits issued by the Tribe.
  332         (24)“Pari-mutuel wagering activities” means those
  333  activities authorized on January 1, 2018, by chapter 550, which
  334  do not include any casino-style game or device that include
  335  video reels or mechanical reels or other slot machine or casino
  336  game themes or titles.
  337         (25)“Patron” means any person who is on the premises of a
  338  facility, or who enters the Tribe’s Indian lands for the purpose
  339  of playing covered games authorized by this compact.
  340         (26)“Regular payment period” means the period beginning on
  341  July 1, 2025, and terminating at the end of the term of this
  342  compact.
  343         (27)“Revenue share payment” means the periodic payment by
  344  the Tribe to the state provided for in Part XI.
  345         (28)“Revenue sharing cycle” means the annual 12-month
  346  period of the Tribe’s operation of covered games in its
  347  facilities beginning on July 1 of each fiscal year, except for
  348  during the initial payment period, when the first revenue
  349  sharing cycle begins on July 1 of the previous year, and the
  350  Tribe receives a credit for any amount paid to the state under
  351  the 2010 Compact for that revenue sharing cycle.
  352         (29)“Rules and regulations” means the rules and
  353  regulations promulgated by the commission for implementation of
  354  this compact.
  355         (30)“State” means the State of Florida.
  356         (31)“State compliance agency” means the state agency
  357  designated by the Florida Legislature that has the authority to
  358  carry out the state’s oversight responsibilities under this
  359  compact.
  360         (32)“Tribe” means the Seminole Tribe of Florida or any
  361  affiliate thereof conducting activities pursuant to this compact
  362  under the authority of the Seminole Tribe of Florida.
  363  
  364                               PART IV                             
  365  
  366         AUTHORIZATION AND LOCATION OF COVERED GAMES.—
  367         (1)The Tribe and state agree that the Tribe is authorized
  368  to operate covered games on its Indian lands, as defined in the
  369  Indian Gaming Regulatory Act, in accordance with the provisions
  370  of this compact. Nothing in the compact is intended to prohibit
  371  the Tribe from operating slot machines that employ video or
  372  mechanical displays of roulette, wheels, or other table game
  373  themes. Except for the provisions in subsection (1) of Part XI,
  374  nothing in this compact shall limit the Tribe’s right to operate
  375  any Class II gaming under the Indian Gaming Regulatory Act.
  376         (2)The Tribe is authorized to conduct covered games under
  377  this compact only at the following seven existing facilities,
  378  which may be expanded or replaced as provided in subsection (3)
  379  on Indian lands:
  380         (a)Seminole Indian Casino-Brighton in Okeechobee, FL.
  381         (b)Seminole Indian Casino-Coconut Creek in Coconut Creek,
  382  FL.
  383         (c)Seminole Indian Casino-Hollywood in Hollywood, FL.
  384         (d)Seminole Indian Casino-Immokalee in Immokalee, FL.
  385         (e)Seminole Indian Casino-Big Cypress in Clewiston, FL.
  386         (f)Seminole Hard Rock Hotel & Casino-Hollywood in
  387  Hollywood, FL.
  388         (g)Seminole Hard Rock Hotel & Casino-Tampa in Tampa, FL.
  389         (3)Any of the facilities existing on Indian lands
  390  identified in subsection (2) may be expanded or replaced by
  391  another facility on the same Indian lands with at least 60 days’
  392  advance notice to the state.
  393  
  394                               PART V                              
  395  
  396         RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
  397  OPERATIONS.—
  398         (1)At all times during the term of this compact, the Tribe
  399  shall be responsible for all duties that are assigned to it and
  400  the commission under this compact. The Tribe shall promulgate
  401  any rules necessary to implement this compact, which, at a
  402  minimum, shall expressly include or incorporate by reference all
  403  provisions of Parts V, VI, VII, and VIII. Nothing in this
  404  compact shall be construed to affect the Tribe’s right to amend
  405  its rules, provided that any such amendment is in conformity
  406  with this compact. The state compliance agency may propose
  407  additional rules consistent with and related to the
  408  implementation of this compact to the commission at any time,
  409  and the commission shall give good faith consideration to such
  410  proposed rules and shall notify the state compliance agency of
  411  its response or action with respect to such rules.
  412         (2)All facilities shall comply with, and all covered games
  413  approved under this compact shall be operated in accordance
  414  with, the requirements set forth in this compact, including, but
  415  not limited to, the requirements set forth in subsections (3)
  416  and (4) and the Tribe’s Internal Control Policies and
  417  Procedures. In addition, all facilities and all covered games
  418  shall be operated in strict compliance with tribal internal
  419  control standards that provide a level of control that equals or
  420  exceeds those set forth in the National Indian Gaming
  421  Commission’s Minimum Internal Control Standards, 25 C.F.R. part
  422  542 (2015), even if the 2015 regulations are determined to be
  423  invalid or are subsequently withdrawn by the National Indian
  424  Gaming Commission. The Tribe may amend or supplement its
  425  internal control standards from time to time, provided that such
  426  changes continue to provide a level of control that equals or
  427  exceeds those set forth in 25 C.F.R. part 542 (2015).
  428         (3)The Tribe and the commission shall retain all documents
  429  in compliance with the requirements set forth in the Tribe’s
  430  Record Retention Policies and Procedures.
  431         (4)The Tribe shall continue and maintain its program to
  432  combat problem gambling and curtail compulsive gambling and work
  433  with the Florida Council on Compulsive Gambling or other
  434  organizations dedicated to assisting problem gamblers. The Tribe
  435  shall continue to maintain the following safeguards against
  436  problem gambling:
  437         (a)The Tribe shall provide to every new gaming employee a
  438  comprehensive training and education program designed in
  439  cooperation with the Florida Council on Compulsive Gambling or
  440  other organization dedicated to assisting problem gamblers.
  441         (b)The Tribe shall make printed materials available to
  442  patrons, which include contact information for the Florida
  443  Council on Compulsive Gambling 24-hour helpline or other hotline
  444  dedicated to assisting problem gamblers, and will work with the
  445  Florida Council on Compulsive Gambling or other organization
  446  dedicated to assisting problem gamblers to provide contact
  447  information for the Florida Council on Compulsive Gambling or
  448  other organization dedicated to assisting problem gamblers, and
  449  to provide such information on the facility’s website. The Tribe
  450  shall continue to display within the facilities all literature
  451  from the Florida Council on Compulsive Gambling or other
  452  organization dedicated to assisting problem gamblers.
  453         (c)1.The commission shall establish a list of patrons
  454  voluntarily excluded from the Tribe’s facilities, pursuant to
  455  subparagraph 3.
  456         2.The Tribe shall employ its best efforts to exclude
  457  patrons on such list from entry into its facilities; provided
  458  that nothing in this compact shall create for patrons who are
  459  excluded but gain access to the facilities, or any other person,
  460  a cause of action or claim against the state, the Tribe or the
  461  commission, or any other person, entity, or agency for failing
  462  to enforce such exclusion.
  463         3.Patrons who believe they may be compulsively playing
  464  covered games may request that their names be placed on the list
  465  of patrons voluntarily excluded from the Tribe’s facilities.
  466         (d)All covered game employees shall receive training on
  467  identifying compulsive gamblers and shall be instructed to ask
  468  such persons to leave. The facility shall make available signs
  469  bearing a toll-free help-line number and educational and
  470  informational materials at conspicuous locations and automated
  471  teller machines in each facility, which materials aim at the
  472  prevention of problem gaming and which specify where patrons may
  473  receive counseling or assistance for gambling problems. All
  474  covered games employees shall also be screened by the Tribe for
  475  compulsive gambling habits. Nothing in this subsection shall
  476  create for patrons, or any other person, a cause of action or
  477  claim against the state, the Tribe or the commission, or any
  478  other person, entity, or agency for failing to identify a patron
  479  or person who is a compulsive gambler or ask that person to
  480  leave.
  481         (e)The Tribe shall follow the rules for exclusion of
  482  patrons set forth in the Seminole Tribal Gaming Code.
  483         (f)The Tribe shall make diligent efforts to prevent
  484  underage individuals from loitering in the area of each facility
  485  where the covered games take place.
  486         (g)The Tribe shall ensure that any advertising and
  487  marketing of covered games at the facilities contains a
  488  responsible gambling message and a toll-free help-line number
  489  for problem gamblers, where practical, and that such advertising
  490  and marketing make no false or misleading claims.
  491         (5)The state may secure an annual independent audit of the
  492  conduct of covered games subject to this compact, as set forth
  493  in Part VIII.
  494         (6)The facility shall visibly display summaries of the
  495  rules for playing covered games and promotional contests and
  496  shall make available complete sets of rules upon request. The
  497  Tribe shall provide copies of all such rules to the state
  498  compliance agency within 30 calendar days after issuance or
  499  amendment.
  500         (7)The Tribe shall provide the commission and state
  501  compliance agency with a chart of the supervisory lines of
  502  authority with respect to those directly responsible for the
  503  conduct of covered games, and shall promptly notify those
  504  agencies of any material changes to the chart.
  505         (8)The Tribe shall continue to maintain proactive
  506  approaches to prevent improper alcohol sales, drunk driving,
  507  underage drinking, and underage gambling. These approaches shall
  508  involve intensive staff training, screening and certification,
  509  patron education, and the use of security personnel and
  510  surveillance equipment in order to enhance patrons’ enjoyment of
  511  the facilities and provide for patron safety.
  512         (a)Staff training includes specialized employee training
  513  in nonviolent crisis intervention, driver license verification,
  514  and detection of intoxication.
  515         (b)Patron education shall be carried out through notices
  516  transmitted on valet parking stubs, posted signs in the
  517  facilities, and in brochures.
  518         (c)Roving and fixed security officers, along with
  519  surveillance cameras, shall assist in the detection of
  520  intoxicated patrons, investigate problems, and engage with
  521  patrons to deescalate volatile situations.
  522         (d)To help prevent alcohol-related crashes, the Tribe will
  523  continue to operate the “Safe Ride Home Program,” a free taxi
  524  service.
  525         (e)The Tribe shall maintain these programs and policies in
  526  its Alcohol Beverage Control Act for the duration of the compact
  527  but may replace such programs and policies with stricter or more
  528  extensive programs and policies. The Tribe shall provide the
  529  state with written notice of any changes to the Tribe’s Alcohol
  530  Beverage Control Act, which notice shall include a copy of such
  531  changes and shall be sent on or before the effective date of the
  532  change. Nothing in this subsection shall create for patrons, or
  533  any other person, a cause of action or claim against the state,
  534  the Tribe or the commission, or any other person, entity, or
  535  agency for failing to fulfill the requirements of this
  536  subsection.
  537         (9)A person under 21 years of age may not play covered
  538  games, unless otherwise permitted by state law.
  539         (10)The Tribe may establish and operate facilities that
  540  operate covered games only on its Indian lands as defined by the
  541  Indian Gaming Regulatory Act and as specified in Part IV.
  542         (11)The commission shall keep a record of, and shall
  543  report at least quarterly to the state compliance agency, the
  544  number of covered games in each facility, by the name or type of
  545  each game and its identifying number.
  546         (12)The Tribe and the commission shall make available, to
  547  any member of the public upon request, within 10 business days,
  548  a copy of the National Indian Gaming Commission’s Minimum
  549  Internal Control Standards, 25 C.F.R. part 542 (2015), the
  550  Seminole Tribal Gaming Code, this compact, the rules of each
  551  covered game operated by the Tribe, and the administrative
  552  procedures for addressing patron tort claims under Part VI.
  553  
  554                               PART VI                             
  555  
  556         PATRON DISPUTES, WORKERS’ COMPENSATION, TORT CLAIMS; PRIZE
  557  CLAIMS; LIMITED CONSENT TO SUIT.—
  558         (1)All patron disputes involving gaming shall be resolved
  559  in accordance with the procedures established in the Seminole
  560  Tribal Gaming Code.
  561         (2)Tort claims by employees of the Tribe’s facilities will
  562  be handled pursuant to the provisions of the Tribe’s Workers’
  563  Compensation Ordinance, which shall provide workers the same or
  564  better protections as provided in state workers’ compensation
  565  laws.
  566         (3)Disputes involving employees of the Tribe’s facilities
  567  will be handled pursuant to the provisions of the Tribe’s policy
  568  for gaming employees, as set forth in the Employee Fair
  569  Treatment and Dispute Resolution Policy.
  570         (4)A patron who claims to have been injured after the
  571  effective date of the compact at one of the Tribe’s facilities
  572  in which covered games are played is required to provide written
  573  notice to the Tribe’s Risk Management Department or the
  574  facility, in a reasonable and timely manner, but no longer than
  575  three years after the date of the incident giving rise to the
  576  claimed injury, or the claim shall be forever barred.
  577         (5)The Tribe shall have 30 days to respond to a claim made
  578  by a patron. If the Tribe fails to respond within 30 days, the
  579  patron may file suit against the Tribe. When the Tribe responds
  580  to an incident alleged to have caused a patron’s injury or
  581  illness, the Tribe shall provide a claim form to the patron. The
  582  form must include the address for the Tribe’s Risk Management
  583  Department and provide notice of the Tribe’s administrative
  584  procedures for addressing patron tort claims, including notice
  585  of the relevant deadlines that may bar such claims if the
  586  Tribe’s administrative procedures are not followed. It is the
  587  patron’s responsibility to complete the form and forward the
  588  form to the Tribe’s Risk Management Department within a
  589  reasonable period of time, and in a reasonable and timely
  590  manner. Nothing herein shall interfere with any claim a patron
  591  might have arising under the Federal Tort Claim Act.
  592         (6)Upon receiving written notification of the claim, the
  593  Tribe’s Risk Management Department shall forward the
  594  notification to the Tribe’s insurance carrier. The Tribe shall
  595  use its best efforts to ensure that the insurance carrier
  596  contacts the patron within a reasonable period of time after
  597  receipt of the claim.
  598         (7)The insurance carrier shall handle the claim to
  599  conclusion. If the patron, Tribe, and insurance carrier are not
  600  able to resolve the claim in good faith within one year after
  601  the patron provided written notice to the Tribe’s Risk
  602  Management Department or the facility, the patron may bring a
  603  tort claim against the Tribe in any court of competent
  604  jurisdiction in the county in which the incident alleged to have
  605  caused injury occurred, as provided in this compact, and subject
  606  to a four-year statute of limitations, which shall begin to run
  607  from the date of the incident of the injury alleged in the
  608  claim. A patron’s notice of injury to the Tribe pursuant to
  609  subsection (4) and the fulfillment of the good faith attempt at
  610  resolution pursuant to this part are conditions precedent to
  611  filing suit.
  612         (8)For tort claims of patrons made pursuant to subsection
  613  (4), the Tribe agrees to waive its tribal sovereign immunity to
  614  the same extent as the state waives its sovereign immunity, as
  615  specified in s. 768.28(1) and (5), Florida Statutes, as such
  616  provision may be amended from time to time by the Legislature.
  617  In no event shall the Tribe be deemed to have waived its tribal
  618  immunity from suit beyond the limits set forth in s. 768.28(5),
  619  Florida Statutes. These limitations are intended to include
  620  liability for compensatory damages, costs, pre-judgment
  621  interest, and attorney fees if otherwise allowable under state
  622  law arising out of any claim brought or asserted against the
  623  Tribe, its subordinate governmental and economic units, any
  624  Tribal officials, employees, servants, or agents in their
  625  official capacities and any entity which is owned, directly or
  626  indirectly, by the Tribe. All patron tort claims brought
  627  pursuant to this provision shall be brought solely against the
  628  Tribe, as the sole party in interest.
  629         (9)Notices explaining the procedures and time limitations
  630  with respect to making a tort claim shall be prominently
  631  displayed in the facilities, posted on the Tribe’s website, and
  632  provided to any patron for whom the Tribe has notice of the
  633  injury or property damage giving rise to the tort claim. Such
  634  notices shall explain:
  635         (a)The method and places for making a tort claim,
  636  including where the patron must submit the claim.
  637         (b)That the process is the exclusive method for asserting
  638  a tort claim arising under this section against the Tribe.
  639         (c)That the Tribe and its insurance carrier have one year
  640  from the date the patron gives notice of the claim to resolve
  641  the matter, and that after that time, the patron may file suit
  642  in a court of competent jurisdiction.
  643         (d)That the exhaustion of the process is a prerequisite to
  644  filing a claim in state court.
  645         (e)That claims that fail to follow this process shall be
  646  forever barred.
  647         (10)The Tribe shall maintain an insurance policy that
  648  shall:
  649         (a)Prohibit the insurer or the Tribe from invoking tribal
  650  sovereign immunity for claims up to the limits to which the
  651  state has waived sovereign immunity as set forth in s.
  652  768.28(5), Florida Statutes, or its successor statute.
  653         (b)Include covered claims made by a patron or invitee for
  654  personal injury or property damage.
  655         (c)Permit the insurer or the Tribe to assert any statutory
  656  or common law defense other than sovereign immunity.
  657         (d)Provide that any award or judgment rendered in favor of
  658  a patron or invitee shall be satisfied solely from insurance
  659  proceeds.
  660         (11)The Tribal Council of the Seminole Tribe of Florida
  661  may, in its discretion, consider claims for compensation in
  662  excess of the limits of the Tribe’s waiver of its sovereign
  663  immunity.
  664  
  665                              PART VII                             
  666  
  667         ENFORCEMENT OF COMPACT PROVISIONS.—
  668         (1)The Tribe, the commission, and the state compliance
  669  agency, to the extent authorized by this compact, shall be
  670  responsible for regulating activities pursuant to this compact.
  671  As part of its responsibilities, the Tribe shall adopt or issue
  672  standards designed to ensure that the facilities are
  673  constructed, operated, and maintained in a manner that
  674  adequately protects the environment and public health and
  675  safety. Additionally, the Tribe and the commission shall ensure
  676  that:
  677         (a)Operation of the conduct of covered games is in strict
  678  compliance with:
  679         1.The Seminole Tribal Gaming Code.
  680         2.All rules, regulations, procedures, specifications, and
  681  standards lawfully adopted by the National Indian Gaming
  682  Commission and the commission.
  683         3.The provisions of this compact, including, but not
  684  limited to, the Tribe’s standards and rules.
  685         (b)Reasonable measures are taken to:
  686         1.Ensure the physical safety of facility patrons,
  687  employees, and any other person while in the facility.
  688         2.Prevent illegal activity at the facilities or with
  689  regard to the operation of covered games, including, but not
  690  limited to, the maintenance of employee procedures and a
  691  surveillance system.
  692         3.Ensure prompt notification is given, in accordance with
  693  applicable law, to appropriate law enforcement authorities of
  694  persons who may be involved in illegal acts.
  695         4.Ensure that the construction and maintenance of the
  696  facilities complies with the standards of the Florida Building
  697  Code, the provisions of which the Tribe has adopted as the
  698  Seminole Tribal Building Code.
  699         5.Ensure adequate emergency access plans have been
  700  prepared to ensure the health and safety of all covered game
  701  patrons.
  702         (2)All licenses for members and employees of the
  703  commission shall be issued according to the same standards and
  704  terms applicable to facility employees. The commission’s
  705  officers shall be independent of the Tribal gaming operations,
  706  and shall be supervised by and accountable only to the
  707  commission. A commission officer shall be available to the
  708  facility during all hours of operation upon reasonable notice,
  709  and shall have immediate access to any and all areas of the
  710  facility for the purpose of ensuring compliance with the
  711  provisions of this compact. The commission shall investigate any
  712  suspected or reported violation of this part and shall
  713  officially enter into its files timely written reports of
  714  investigations and any action taken thereon, and shall forward
  715  copies of such investigative reports to the state compliance
  716  agency within 30 calendar days after such filing. The scope of
  717  such reporting shall be determined by the commission and the
  718  state compliance agency as soon as practicable after the
  719  effective date of this compact. Any such violations shall be
  720  reported immediately to the commission, and the commission shall
  721  immediately forward such reports to the state compliance agency.
  722  In addition, the commission shall promptly report to the state
  723  compliance agency any such violations which it independently
  724  discovers.
  725         (3)In order to develop and foster a positive and effective
  726  relationship in the enforcement of the provisions of this
  727  compact, representatives of the commission and the state
  728  compliance agency shall meet at least annually to review past
  729  practices and examine methods to improve the regulatory scheme
  730  created by this compact. The meetings shall take place at a
  731  location mutually agreed upon by the commission and the state
  732  compliance agency. The state compliance agency, before or during
  733  such meetings, shall disclose to the commission any concerns,
  734  suspected activities, or pending matters reasonably believed to
  735  constitute violations of the compact by any person,
  736  organization, or entity, if such disclosure will not compromise
  737  the interest sought to be protected.
  738  
  739                              PART VIII                            
  740  
  741         STATE MONITORING OF COMPACT.—
  742         (1)It is the express intent of the Tribe and the state for
  743  the Tribe to regulate its own gaming activities.
  744  Notwithstanding, the state shall conduct random inspections as
  745  provided for in this part to ensure that the Tribe is operating
  746  in accordance with the terms of the compact. The state may
  747  secure an annual independent audit of the conduct of covered
  748  games subject to this compact and the Tribe shall cooperate with
  749  such audit. The audit shall:
  750         (a)Examine the covered games operated by the Tribe to
  751  ensure compliance with the Tribe’s Internal Control Policies and
  752  Procedures and any other standards, policies, or procedures
  753  adopted by the Tribe, the commission, or the National Indian
  754  Gaming Commission which govern the play of covered games.
  755         (b)Examine revenues in connection with the conduct of
  756  covered games and include only those matters necessary to verify
  757  the determination of net win and the basis and amount of the
  758  payments the Tribe is required to make to the state pursuant to
  759  Part XI and as defined by this compact.
  760         (2)A copy of the audit report for the conduct of covered
  761  games shall be submitted to the commission and the state
  762  compliance agency within 30 calendar days after completion.
  763  Representatives of the state compliance agency may, upon
  764  request, meet with the Tribe and its auditors to discuss the
  765  audit or any matters in connection therewith; provided that such
  766  discussions are limited to covered games information. The annual
  767  independent audit shall be performed by an independent firm
  768  selected by the state which has experience in auditing casino
  769  operations, subject to the consent of the Tribe, which shall not
  770  be unreasonably withheld. The Tribe shall pay for the cost of
  771  the annual independent audit.
  772         (3)As provided herein, the state compliance agency may
  773  monitor the conduct of covered games to ensure that the covered
  774  games are conducted in compliance with the provisions of this
  775  compact. In order to properly monitor the conduct of covered
  776  games, agents of the state compliance agency shall have
  777  reasonable access, without prior notice, to all public areas of
  778  the facilities related to the conduct of covered games.
  779         (a)The state compliance agency may review whether the
  780  Tribe’s facilities are in compliance with the provisions of this
  781  compact and the Tribe’s rules and regulations applicable to
  782  covered games and may advise on such issues as it deems
  783  appropriate. In the event of a dispute or disagreement between
  784  Tribal and state compliance agency regulators, the dispute or
  785  disagreement shall be resolved in accordance with the dispute
  786  resolution provisions of Part XIII.
  787         (b)In order to fulfill its oversight responsibilities, the
  788  state compliance agency may perform on a routine basis specific
  789  oversight testing procedures as set forth in paragraph (c).
  790         (c)1.The state compliance agency may inspect any covered
  791  games in operation at the facilities on a random basis, provided
  792  that such inspections may not exceed one inspection per facility
  793  per calendar month and the inspection may not exceed 16 hours
  794  spread over those two consecutive days, unless the state
  795  compliance agency determines that additional inspection hours
  796  are needed to address the issues of substantial noncompliance,
  797  provided that the state compliance agency provides the Tribe
  798  with written notification of the need for additional inspection
  799  hours and a written summary of the substantial noncompliance
  800  issues that need to be addressed during the additional
  801  inspection hours. The total number of hours of random
  802  inspections and audit reviews per year may not exceed 1,600
  803  hours. Inspection hours shall be calculated on the basis of the
  804  actual amount of time spent by the state compliance agency
  805  conducting the inspections at a facility, without accounting for
  806  a multiple for the number of state compliance agency inspectors
  807  or agents engaged in the inspection activities. The purpose of
  808  the random inspections is to confirm that the covered games
  809  function properly pursuant to the manufacturer’s technical
  810  standards and are conducted in compliance with the Tribe’s
  811  Internal Control Policies and Procedures and any other
  812  standards, policies, or procedures adopted by the Tribe, the
  813  commission, or the National Indian Gaming Commission which
  814  govern the play of covered games. The state compliance agency
  815  shall provide notice to the commission of such inspection at or
  816  before the commencement of a random inspection and a commission
  817  agent may accompany the inspection.
  818         2.For each facility, the state compliance agency may
  819  perform one annual review of the Tribe’s slot machine compliance
  820  audit.
  821         3.At least annually, the state compliance agency may meet
  822  with the Tribe’s Internal Audit Department for Gaming to review
  823  internal controls and the record of violations for each
  824  facility.
  825         (d)The state compliance agency shall cooperate with and
  826  obtain the assistance of the commission in the resolution of any
  827  conflicts in the management of the facilities, and the state and
  828  the Tribe shall make their best efforts to resolve disputes
  829  through negotiation whenever possible. Therefore, to foster a
  830  spirit of cooperation and efficiency, the state compliance
  831  agency and Tribe shall resolve disputes between the state
  832  compliance agency staff and commission regulators about the day
  833  to-day regulation of the facilities through meeting and
  834  conferring in good faith. Notwithstanding, the parties may seek
  835  other relief that may be available when circumstances require
  836  such relief. In the event of a dispute or disagreement between
  837  tribal and state compliance agency regulators, the dispute or
  838  disagreement shall be resolved in accordance with the dispute
  839  resolution provisions of Part XIII.
  840         (e)The state compliance agency shall have access to each
  841  facility during the facility’s operating hours only. No advance
  842  notice is required when the state compliance agency inspection
  843  is limited to public areas of the facility; however,
  844  representatives of the state compliance agency shall provide
  845  notice and photographic identification to the commission of
  846  their presence before beginning any such inspections.
  847         (f)The state compliance agency agents, to ensure that a
  848  commission officer is available to accompany the state
  849  compliance agency agents at all times, shall provide one hour
  850  notice and photographic identification to the commission before
  851  entering any nonpublic area of a facility. Agents of the state
  852  compliance agency shall be accompanied in nonpublic areas of the
  853  facility by a commission officer.
  854         (g)Any suspected or claimed violations of this compact or
  855  law shall be directed in writing to the commission. The state
  856  compliance agency, in conducting the functions assigned them
  857  under this compact, shall not unreasonably interfere with the
  858  functioning of any facility.
  859         (4)Subject to the provisions herein, the state compliance
  860  agency may review and request copies of documents of the
  861  facility related to its conduct of covered games during normal
  862  business hours unless otherwise allowed by the Tribe. The Tribe
  863  may not refuse said inspection and copying of such documents,
  864  provided that the inspectors do not require copies of documents
  865  in such volume that it unreasonably interferes with the normal
  866  functioning of the facilities or covered games. To the extent
  867  that the Tribe provides the state with information that the
  868  Tribe claims to be confidential and proprietary, or a trade
  869  secret, the Tribe shall clearly mark such information with the
  870  following designation: “Trade Secret, Confidential, and
  871  Proprietary.” If the state receives a request under chapter 119
  872  that would include such designated information, the state shall
  873  promptly notify the Tribe of such a request and the Tribe shall
  874  promptly notify the state about its intent to seek judicial
  875  protection from disclosure. Upon such notice from the Tribe, the
  876  state may not release the requested information until a judicial
  877  determination is made. This designation and notification
  878  procedure does not excuse the state from complying with the
  879  requirements of the state’s public records law, but is intended
  880  to provide the Tribe the opportunity to seek whatever judicial
  881  remedy it deems appropriate. Notwithstanding the foregoing
  882  procedure, the state compliance agency may provide copies of
  883  tribal documents to federal law enforcement and other state
  884  agencies or state consultants that the state deems reasonably
  885  necessary in order to conduct or complete any investigation of
  886  suspected criminal activity in connection with the Tribe’s
  887  covered games or the operation of the facilities or in order to
  888  assure the Tribe’s compliance with this compact.
  889         (5)At the completion of any state compliance agency
  890  inspection or investigation, the state compliance agency shall
  891  forward any written report thereof to the commission, containing
  892  all pertinent, nonconfidential, nonproprietary information
  893  regarding any violation of applicable laws or this compact which
  894  was discovered during the inspection or investigation unless
  895  disclosure thereof would adversely impact an investigation of
  896  suspected criminal activity. Nothing herein prevents the state
  897  compliance agency from contacting tribal or federal law
  898  enforcement authorities for suspected criminal wrongdoing
  899  involving the commission.
  900         (6)Except as expressly provided in this compact, nothing
  901  in this compact shall be deemed to authorize the state to
  902  regulate the Tribe’s government, including the commission, or to
  903  interfere in any way with the Tribe’s selection of its
  904  governmental officers, including members of the commission.
  905  
  906                               PART IX                             
  907  
  908         JURISDICTION.—The obligations and rights of the state and
  909  the Tribe under this compact are contractual in nature and are
  910  to be construed in accordance with the laws of the state. This
  911  compact does not alter tribal, federal, or state civil
  912  adjudicatory or criminal jurisdiction in any way.
  913  
  914                               PART X                              
  915  
  916         LICENSING.—The Tribe and the commission shall comply with
  917  the licensing and hearing requirements set forth in 25 C.F.R.
  918  parts 556 and 558, as well as the applicable licensing and
  919  hearing requirements set forth in Articles IV, V, and VI of the
  920  Seminole Tribal Gaming Code. The commission shall notify the
  921  state compliance agency of any disciplinary hearings or
  922  revocation or suspension of licenses.
  923  
  924                               PART XI                             
  925  
  926         PAYMENTS TO THE STATE OF FLORIDA.—
  927         (1)The parties acknowledge and recognize that this compact
  928  provides the Tribe with partial but substantial exclusivity and
  929  other valuable consideration consistent with the goals of the
  930  Indian Gaming Regulatory Act, including special opportunities
  931  for tribal economic development through gaming within the
  932  external boundaries of the state with respect to the play of
  933  covered games. In consideration thereof, the Tribe covenants and
  934  agrees, subject to the conditions agreed upon in Part XII, to
  935  make payments to the state derived from net win as set forth in
  936  subsections (2) and (7). The Tribe further agrees that it will
  937  not purchase or lease any new Class II video bingo terminals or
  938  their equivalents for use at its facilities after the effective
  939  date of this compact.
  940         (2)The Tribe shall make periodic revenue share payments to
  941  the state derived from net win as set forth in this subsection,
  942  and any such payments shall be made to the state via electronic
  943  funds transfer. Of the amounts paid by the Tribe to the state,
  944  three percent shall be distributed to local governments,
  945  including both counties and municipalities, in the state
  946  affected by the Tribe’s operation of covered games. Revenue
  947  share payments by the Tribe to the state shall be calculated as
  948  follows:
  949         (a)During the initial payment period, the Tribe agrees to
  950  pay the state a revenue share payment in accordance with this
  951  subparagraph.
  952         1.13 percent of all amounts up to $2 billion of net win
  953  received by the Tribe from the operation and play of covered
  954  games during each revenue sharing cycle;
  955         2.17.5 percent of all amounts greater than $2 billion up
  956  to and including $3.5 billion of net win received by the Tribe
  957  from the operation and play of covered games during each revenue
  958  sharing cycle;
  959         3.20 percent of all amounts greater than $3.5 billion up
  960  to and including $4 billion of net win received by the Tribe
  961  from the operation and play of covered games during each revenue
  962  sharing cycle;
  963         4.22.5 percent of all amounts greater than $4 billion up
  964  to and including $4.5 billion of net win received by the Tribe
  965  from the operation and play of covered games during each revenue
  966  sharing cycle; or
  967         5.25 percent of all amounts greater than $4.5 billion of
  968  net win received by the Tribe from the operation and play of
  969  covered games during each revenue sharing cycle.
  970         (b)During the guarantee payment period, the Tribe agrees
  971  to make fixed payments in accordance with this paragraph. In
  972  addition, within 90 days after the end of the guarantee payment
  973  period, the Tribe shall make an additional payment to the state
  974  equal to the amount above $3 billion, if any, that would have
  975  been owed by the Tribe to the state had the percentages set
  976  forth in paragraph (c) been applicable during the guarantee
  977  payment period.
  978         1.A payment of $325 million during the first revenue
  979  sharing cycle;
  980         2.A payment of $350 million during the second revenue
  981  sharing cycle;
  982         3.A payment of $375 million during the third revenue
  983  sharing cycle;
  984         4.A payment of $425 million during the fourth revenue
  985  sharing cycle;
  986         5.A payment of $475 million during the fifth revenue
  987  sharing cycle;
  988         6.A payment of $500 million during the sixth revenue
  989  sharing cycle; and
  990         7.A payment of $550 million during the seventh revenue
  991  sharing cycle.
  992         (c)During the regular payment period, the Tribe agrees to
  993  pay a revenue share payment, for each revenue sharing cycle, to
  994  the state equal to the amount calculated in accordance with this
  995  paragraph.
  996         1.13 percent of all amounts up to $2 billion of net win
  997  received by the Tribe from the operation and play of covered
  998  games during each revenue sharing cycle;
  999         2.17.5 percent of all amounts greater than $2 billion up
 1000  to and including $3.5 billion of net win received by the Tribe
 1001  from the operation and play of covered games during each revenue
 1002  sharing cycle;
 1003         3.20 percent of all amounts greater than $3.5 billion up
 1004  to and including $4 billion of net win received by the Tribe
 1005  from the operation and play of covered games during each revenue
 1006  sharing cycle;
 1007         4.22.5 percent of all amounts greater than $4 billion up
 1008  to and including $4.5 billion of net win received by the Tribe
 1009  from the operation and play of covered games during each revenue
 1010  sharing cycle; or
 1011         5.25 percent of all amounts greater than $4.5 billion of
 1012  net win received by the Tribe from the operation and play of
 1013  covered games during each revenue sharing cycle.
 1014         (3)The Tribe shall remit monthly payments as follows:
 1015         (a)On or before the 15th day of the month following each
 1016  month of the revenue sharing cycle, the Tribe will remit to the
 1017  state or its assignee the monthly payment. For purposes of this
 1018  section, the monthly payment shall be 8.3333 percent of the
 1019  estimated revenue share payment to be paid by the Tribe during
 1020  such revenue sharing cycle.
 1021         (b)The Tribe shall make available to the state at the time
 1022  of the monthly payment the basis for the calculation of the
 1023  payment.
 1024         (c)The Tribe shall, on a monthly basis, reconcile the
 1025  calculation of the estimated revenue share payment based on the
 1026  Tribe’s unaudited financial statements related to covered games.
 1027         (4)The Tribe shall have an audit conducted as follows:
 1028         (a)On or before the 45th day after the third month, sixth
 1029  month, ninth month, and twelfth month of each revenue sharing
 1030  cycle, provided that the 12-month period does not coincide with
 1031  the Tribe’s fiscal year end date as indicated in paragraph (c),
 1032  the Tribe shall provide the state with an audit report by its
 1033  independent auditors as to the annual revenue share calculation.
 1034         (b)For each quarter within revenue sharing cycle, the
 1035  Tribe shall engage its independent auditors to conduct a review
 1036  of the unaudited net revenue from covered games. On or before
 1037  the 120th day after the end of the Tribe’s fiscal year, the
 1038  Tribe shall require its independent auditors to provide an audit
 1039  report with respect to net win for covered games and the related
 1040  payment of the annual revenue share.
 1041         (c)If the twelfth month of the revenue sharing cycle does
 1042  not coincide with the Tribe’s fiscal year, the Tribe shall
 1043  deduct net win from covered games for any of the months outside
 1044  of the revenue sharing cycle and include net win from covered
 1045  games for those months outside of the Tribe’s audit period but
 1046  within the revenue sharing cycle, before issuing the audit
 1047  report.
 1048         (d)No later than 30 calendar days after the day the audit
 1049  report is issued, the Tribe shall remit to the state any
 1050  underpayment of the annual revenue share, and the state shall
 1051  either reimburse to the Tribe any overpayment of the annual
 1052  revenue share or authorize the overpayment to be deducted from
 1053  the next successive monthly payment or payments.
 1054         (5)If, after any change in state law to affirmatively
 1055  allow internet or online gaming, or any functionally equivalent
 1056  remote gaming system that permits a person to play from home or
 1057  any other location that is remote from a casino or other
 1058  commercial gaming facility, but excluding any fantasy contest
 1059  conducted pursuant to s. 546.13, the Tribe’s net win from the
 1060  operation of covered games at all of its facilities combined
 1061  drops more than five percent below its net win from the previous
 1062  12-month period, the Tribe shall no longer be required to make
 1063  payments to the state based on the guaranteed minimum compact
 1064  term payment and shall not be required to make the guaranteed
 1065  minimum compact term payment. However, the Tribe shall continue
 1066  to make payments based on the percentage revenue share amount.
 1067  The Tribe shall resume making the guaranteed minimum compact
 1068  term payment for any subsequent revenue sharing cycle in which
 1069  its net win rises above the level described in this subsection.
 1070  This subsection does not apply if:
 1071         (a)The decline in net win is due to acts of God, war,
 1072  terrorism, fires, floods, or accidents causing damage to or
 1073  destruction of one or more of its facilities or property
 1074  necessary to operate the facility of facilities; or
 1075         (b)The Tribe offers internet or online gaming or any
 1076  functionally equivalent remote gaming system that permits a
 1077  person to game from home or any other location that is remote
 1078  from any of the Tribe’s facilities, as authorized by law.
 1079         (6)The annual oversight assessment, which shall not exceed
 1080  $250,000 per year, indexed for inflation as determined by the
 1081  Consumer Price Index, shall be determined and paid in quarterly
 1082  installments within 30 calendar days after receipt by the Tribe
 1083  of an invoice from the state compliance agency. The Tribe
 1084  reserves the right to audit the invoices on an annual basis, a
 1085  copy of which will be provided to the state compliance agency,
 1086  and any discrepancies found therein shall be reconciled within
 1087  45 calendar days after receipt of the audit by the state
 1088  compliance agency.
 1089         (7)The Tribe shall make an annual donation to the Florida
 1090  Council on Compulsive Gaming as an assignee of the state in an
 1091  amount not less than $250,000 per facility.
 1092         (8)Except as expressly provided in this part, nothing in
 1093  this compact shall be deemed to require the Tribe to make
 1094  payments of any kind to the state or any of its agencies.
 1095  
 1096                              PART XII                             
 1097  
 1098         REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
 1099  OR OTHER CHANGES IN STATE LAW.—The intent of this compact is to
 1100  provide the Tribe with the right to operate covered games on an
 1101  exclusive basis throughout the state, subject to the exceptions
 1102  and provisions in this part.
 1103         (1)For purposes of this part, the terms “Class III gaming”
 1104  or “other casino-style gaming” include, but are not limited to,
 1105  slot machines, electronically assisted bingo, electronically
 1106  assisted pull-tab games, noncard table games, video lottery
 1107  terminals, or any similar games, whether or not such games are
 1108  determined through the use of a random number generator. For the
 1109  purposes of this part, the terms “Class III gaming” and “other
 1110  casino-style gaming” do not include fantasy contests conducted
 1111  pursuant to s. 546.13 or designated player games of poker
 1112  authorized pursuant to s. 849.086, as those statutes are in
 1113  effect on January 1, 2019.
 1114         (a)If, after January 1, 2019, state law is amended,
 1115  implemented, or interpreted to allow the operation of Class III
 1116  gaming or other casino-style gaming at any location under the
 1117  jurisdiction of the state that was not in operation as of
 1118  January 1, 2019, or a new form of Class III gaming or other
 1119  casino-style gaming that was not in operation as of January 1,
 1120  2019, and such gaming is offered to the public as a result of
 1121  the amendment, implementation, or interpretation, the Tribe, no
 1122  fewer than 30 days after the commencement of such new gaming or
 1123  90 days after the state’s receipt of written notice from the
 1124  Tribe pursuant to paragraph (b), whichever occurs later, may
 1125  elect to begin making the affected portion of its payments due
 1126  to the state pursuant to subsections (2) and (7) of Part XI,
 1127  into an escrow account.
 1128         (b)In order to exercise the provisions of paragraph (a),
 1129  the Tribe must first notify the state, within 90 days after such
 1130  amendment, implementation, or interpretation of state law, of
 1131  the Tribe’s objections to such action or interpretation and
 1132  further specify the basis for the Tribe’s contention that such
 1133  action or interpretation infringes upon the substantial
 1134  exclusivity afforded under this compact. As part of its written
 1135  notice, the Tribe must also indicate, if applicable, its
 1136  intention to begin making the affected portion of its payments
 1137  due to the state into an escrow account.
 1138         (c)Upon receipt of written notice from the Tribe, the
 1139  state may elect to:
 1140         1.Invoke the dispute resolution provisions of Part XIII to
 1141  determine whether the Tribe’s contention is well-founded. In
 1142  such proceeding, the Tribe carries the burden of proof and
 1143  persuasion. The pendency of such proceeding tolls the time
 1144  periods set forth in paragraph (1)(a) of Part XII for the
 1145  duration of the dispute or litigation; or
 1146         2.Seek through enforcement action, legislation, or other
 1147  means to stop the conduct of such new games.
 1148         (d)1.If, within 15 months following the state’s receipt of
 1149  written notice from the Tribe, the Tribe’s contention is deemed
 1150  not to be well-founded at the conclusion of dispute resolution
 1151  or new gaming is made illegal and is halted, then all funds
 1152  being held in the escrow account shall be released to the state
 1153  and all further payments due to the state pursuant to
 1154  subsections (2) and (7) of Part XI shall promptly resume.
 1155         2.If, after 15 months following the state’s receipt of
 1156  written notice from the Tribe, the Tribe’s contention is deemed
 1157  to be well-founded at the conclusion of dispute resolution and
 1158  such gaming is not made illegal and halted, then all funds being
 1159  held in escrow shall be returned to the Tribe and all further
 1160  payments due to the state pursuant to subsections (2) and (7) of
 1161  Part XI shall cease or be reduced as provided in subsection (2)
 1162  until such gaming is no longer operated, in which event the
 1163  payments shall promptly resume.
 1164         (2)The following are exceptions to the exclusivity
 1165  provisions of subsection (1):
 1166         (a)Any Class III gaming authorized by a compact between
 1167  the state and any other federally recognized tribe pursuant to
 1168  Indian Gaming Regulatory Act, provided that the tribe has land
 1169  in federal trust in the state as of January 1, 2018.
 1170         (b)The operation of slot machines, which does not include
 1171  any game played with tangible playing cards, at:
 1172         1. Each of the four currently operating licensed pari
 1173  mutuel facilities in Broward County and the four currently
 1174  operating licensed pari-mutuel facilities in Miami-Dade County,
 1175  whether or not currently operating slot machines, provided that
 1176  such licenses are not transferred or otherwise used to move or
 1177  operate such slot machines at any other location; or
 1178         2. Licensed pari-mutuel facilities in counties, other than
 1179  Broward County or Miami-Dade County, which have been authorized
 1180  by referendum in each of those counties after January 1, 2012,
 1181  and on or before September 1, 2018, pursuant to state law as of
 1182  January 1, 2019.
 1183         (c)1.If state law is amended to allow for the play of any
 1184  additional type of Class III or other casino-style gaming at any
 1185  of the presently operating licensed pari-mutuel facilities in
 1186  Broward and Miami-Dade Counties, the Tribe may be entitled to a
 1187  reduction in the revenue sharing payment as described in
 1188  subparagraph 2.
 1189         2.If the Tribe’s annual net win from its facilities
 1190  located in Broward County for the 12 month period after the
 1191  gaming specified in subparagraph 1. begins to be offered for
 1192  public or private use is less than the net revenue base, the
 1193  revenue share payments due to the state, pursuant to paragraph
 1194  (2)(b) of Part XI, for the next revenue sharing cycle and future
 1195  revenue sharing cycles shall be calculated by reducing the
 1196  Tribe’s payment on revenue generated from its facilities in
 1197  Broward County by 50 percent of that reduction in annual net win
 1198  from its facilities in Broward County. This paragraph does not
 1199  apply if the decline in net win is due to acts of God, war,
 1200  terrorism, fires, floods, or accidents causing damage to or
 1201  destruction of one or more of its facilities or property
 1202  necessary to operate the facility or facilities.
 1203         3.If the Tribe’s annual net win from its facilities
 1204  located in Broward County subsequently equals or exceeds the net
 1205  revenue base, then the Tribe’s payments due to the state
 1206  pursuant to paragraph (2)(b) of Part XI shall again be
 1207  calculated without any reduction, but may be reduced again under
 1208  the provisions set forth in subparagraph 2.
 1209         (d)If state law is amended to allow the play of Class III
 1210  gaming or other casino-style gaming, as defined in this part, at
 1211  any location in Miami-Dade County or Broward County under the
 1212  jurisdiction of the state that is not presently licensed for the
 1213  play of such games at such locations, other than those
 1214  facilities set forth in paragraph (c) and this paragraph, and
 1215  such games were not in play as of January 1, 2018, and such
 1216  gaming begins to be offered for public or private use, the
 1217  payments due the state pursuant to subparagraph (c)2., shall be
 1218  calculated by excluding the net win from the Tribe’s facilities
 1219  in Broward County.
 1220         (e)The operation of a combined total of not more than 350
 1221  historic racing machines, connected to a central server at that
 1222  facility, and electronic bingo machines at each pari-mutuel
 1223  facility licensed as of January 1, 2018, and not located in
 1224  either Broward County or Miami-Dade County.
 1225         (f)The operation of pari-mutuel wagering activities at
 1226  pari-mutuel facilities licensed by the state.
 1227         (g)The operation by the Department of the Lottery of those
 1228  types of lottery games authorized under chapter 24 as of January
 1229  1, 2018, but not including any player-activated or operated
 1230  machine or device other than a lottery vending machine or any
 1231  banked or banking card or table game. However, not more than ten
 1232  lottery vending machines may be installed at any facility or
 1233  location and no lottery vending machine that dispenses
 1234  electronic instant tickets may be installed at any licensed
 1235  pari-mutuel facility.
 1236         (h) The operation of games of poker, including designated
 1237  player games of poker, as authorized by chapter 849 as of
 1238  January 1, 2019.
 1239         (i) The operation of games permitted by chapters 546 and
 1240  849, Florida Statutes, as of January 1, 2019.
 1241         (j) The following events shall not trigger any remedy under
 1242  this compact and do not affect the exclusivity provisions of
 1243  this compact:
 1244         1. Any change to the tax rate paid to the state by the
 1245  licensed pari-mutuel permitholders for the operation of slot
 1246  machines, provided the effective tax rate is not less than 25
 1247  percent. If the effective tax rate is less than 25 percent, then
 1248  the Tribe shall be relieved of its obligations to make the
 1249  guaranteed minimum compact term payment and any further
 1250  guaranteed revenue sharing cycle payment, but instead shall make
 1251  payments to the state for all future revenue sharing cycles
 1252  based on the percentage payments set forth in paragraph (2)(c)
 1253  of Part XI, but shall be permitted to exclude all revenue
 1254  generated by slot machines at its facilities in Broward County;
 1255  and
 1256         2. Any change in state law that removes the requirement for
 1257  pari-mutuel permitholders to conduct performances of live races
 1258  or games in order to operate other authorized gaming activities.
 1259         (3)To the extent that the exclusivity provisions of this
 1260  part are breached or otherwise violated and the Tribe’s ongoing
 1261  payment obligations to the state pursuant to subsections (2) and
 1262  (7) of Part XI cease, any outstanding payments that would have
 1263  been due the state from the Tribe’s facilities before the breach
 1264  or violation shall be made within 30 business days after the
 1265  breach or violation.
 1266         (4)The breach of this part’s exclusivity provisions and
 1267  the cessation of payments pursuant to subsections (2) and (7) of
 1268  Part XI shall not excuse the Tribe from continuing to comply
 1269  with all other provisions of this compact, including continuing
 1270  to pay the state the annual oversight assessment as set forth in
 1271  subsection (6) of Part XI.
 1272  
 1273                              PART XIII                            
 1274  
 1275         DISPUTE RESOLUTION.—In the event that the Tribe or State
 1276  believes that the other party has failed to comply with any
 1277  requirements of this compact, or in the event of any dispute
 1278  hereunder, including, but not limited to, a dispute over the
 1279  proper interpretation of the terms and conditions of this
 1280  compact, the goal of the parties is to resolve all disputes
 1281  amicably and voluntarily whenever possible. In pursuit of this
 1282  goal, the following procedures may be invoked:
 1283         (1)A party asserting noncompliance or seeking an
 1284  interpretation of this compact first shall serve written notice
 1285  on the other party. The notice shall identify the specific
 1286  compact provision alleged to have been violated or in dispute
 1287  and shall specify in detail the asserting party’s contention and
 1288  any factual basis for the claim. Representatives of the Tribe
 1289  and state shall meet within 30 calendar days after receipt of
 1290  notice in an effort to resolve the dispute, unless they mutually
 1291  agree to extend this period.
 1292         (2)A party asserting noncompliance or seeking an
 1293  interpretation of this compact under this part shall be deemed
 1294  to have certified that to the best of the party’s knowledge,
 1295  information, and belief formed after reasonable inquiry, the
 1296  claim of noncompliance or the request for interpretation of this
 1297  compact is warranted and made in good faith and not for any
 1298  improper purpose, such as to harass or to cause unnecessary
 1299  delay or the needless incurring of the cost of resolving the
 1300  dispute.
 1301         (3)If the parties are unable to resolve a dispute through
 1302  the process specified in subsections (1) and (2), either party
 1303  may call for mediation under the Commercial Mediation Procedures
 1304  of the American Arbitration Association or any successor
 1305  procedures, provided that such mediation does not last more than
 1306  60 calendar days, unless an extension to this time limit is
 1307  negotiated by the parties. Only matters arising under the terms
 1308  of this compact may be available for resolution through
 1309  mediation. If the parties are unable to resolve a dispute
 1310  through the process specified in this part, notwithstanding any
 1311  other provision of law, either party may bring an action in a
 1312  United States District Court having venue regarding a dispute
 1313  arising under this compact. If the court declines to exercise
 1314  jurisdiction, or federal precedent exists that holds that the
 1315  court would not have jurisdiction over such a dispute, either
 1316  party may bring the action in the appropriate court of the
 1317  Seventeenth Judicial Circuit in Broward County, Florida. The
 1318  parties are entitled to all rights of appeal permitted by law in
 1319  the court system in which the action is brought.
 1320         (4)For purposes of actions based on disputes between the
 1321  state and the Tribe that arise under this compact and the
 1322  enforcement of any judgment resulting from such action, the
 1323  Tribe and the state each expressly waive the right to assert
 1324  sovereign immunity from suit and from enforcement of any ensuing
 1325  judgment, and further consent to be sued in federal or state
 1326  court, including the right of appeal specified above, as the
 1327  case may be, provided that:
 1328         (a)The dispute is limited solely to issues arising under
 1329  this compact.
 1330         (b)There is no claim for monetary damages, except that
 1331  payment of any money required by the terms of this compact, as
 1332  well as injunctive relief or specific performance enforcing a
 1333  provision of this compact requiring the payment of money to the
 1334  state may be sought.
 1335         (c)Nothing herein shall be construed to constitute a
 1336  waiver of the sovereign immunity of the Tribe with respect to
 1337  any third party that is made a party or intervenes as a party to
 1338  the action. In the event that intervention, joinder, or other
 1339  participation by any additional party in any action between the
 1340  state and the Tribe would result in the waiver of the Tribe’s
 1341  sovereign immunity as to that additional party, the waiver of
 1342  the Tribe may be revoked.
 1343         (5)The state may not be precluded from pursuing any
 1344  mediation or judicial remedy against the Tribe on the grounds
 1345  that the state has failed to exhaust its Tribal administrative
 1346  remedies.
 1347         (6)Notwithstanding any other provision of this part, any
 1348  failure of the Tribe to remit the payments pursuant to the terms
 1349  of Part XI entitles the state to seek injunctive relief in
 1350  federal or state court, at the state’s election, to compel the
 1351  payments after the dispute resolution process in subsections (1)
 1352  and (2) is exhausted.
 1353  
 1354                              PART XIV                             
 1355  
 1356         CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
 1357         (1)Each provision of this compact shall stand separate and
 1358  independent of every other provision. In the event that a
 1359  federal district court in Florida or other court of competent
 1360  jurisdiction shall find any provision of this compact to be
 1361  invalid, the remaining provisions shall remain in full force and
 1362  effect, provided that severing the invalidated provision does
 1363  not undermine the overall intent of the parties in entering into
 1364  this compact. However, if subsection (6) of Part III, Part XI,
 1365  or Part XII are held by a court of competent jurisdiction to be
 1366  invalid, this compact will become null and void.
 1367         (2)It is understood that Part XII, which provides for a
 1368  cessation of the payments to the state under Part XI, does not
 1369  create any duty on the state but only a remedy for the Tribe if
 1370  gaming under state jurisdiction is expanded.
 1371         (3)This compact is intended to meet the requirements of
 1372  the Indian Gaming Regulatory Act as it reads on the effective
 1373  date of this compact, and where reference is made to the Indian
 1374  Gaming Regulatory Act, or to an implementing regulation thereof,
 1375  the reference is deemed to have been incorporated into this
 1376  document. Subsequent changes to the Indian Gaming Regulatory Act
 1377  that diminish the rights of the state or Tribe may not be
 1378  applied retroactively to alter the terms of this compact, except
 1379  to the extent that federal law validly mandates that retroactive
 1380  application without the respective consent of the state or the
 1381  Tribe. In the event that a subsequent change in the Indian
 1382  Gaming Regulatory Act, or to an implementing regulation thereof,
 1383  mandates retroactive application without the respective consent
 1384  of the state or the Tribe, the parties agree that this compact
 1385  is voidable by either party if the subsequent change materially
 1386  alters the provisions in the compact relating to the play of
 1387  covered games, revenue sharing payments, suspension or reduction
 1388  of payments, or exclusivity.
 1389         (4)Neither the presence of language that is not included
 1390  in this compact, nor the absence in this compact of language
 1391  that is present in another state-tribal compact shall be a
 1392  factor in construing the terms of this compact.
 1393         (5)The Tribe and the state shall defend the validity of
 1394  this compact.
 1395         (6)The parties shall cooperate in seeking approval of this
 1396  compact from the Secretary of the Department of the Interior.
 1397  
 1398                               PART XV                             
 1399  
 1400         NOTICES.—All notices required under this compact shall be
 1401  given by certified mail, return receipt requested, commercial
 1402  overnight courier service, or personal delivery, to the
 1403  Governor, the President of the Senate, the Speaker of the House
 1404  of Representatives, and the Chairman and General Counsel of the
 1405  Seminole Tribe of Florida.
 1406  
 1407                              PART XVI                             
 1408  
 1409         EFFECTIVE DATE AND TERM.—
 1410         (1)This compact, if identical to the version ratified by
 1411  the Legislature in s. 285.710(3)(c), Florida Statutes, in 2018,
 1412  shall become effective upon its approval as a tribal-state
 1413  compact within the meaning of the Indian Gaming Regulatory Act
 1414  either by action of the Secretary of the Department of the
 1415  Interior or by operation of law under 25 U.S.C. s. 2710(d)(8)
 1416  upon publication of a notice of approval in the Federal Register
 1417  under 25 U.S.C. s. 2710(d)(8)(D).
 1418         (2)This compact shall have a term of twenty-two years
 1419  beginning on the first day of the month following the month in
 1420  which the compact becomes effective under subsection (1).
 1421         (3)The Tribe’s authorization to offer covered games under
 1422  this compact shall automatically terminate twenty-two years
 1423  after the effective date unless renewed by an affirmative act of
 1424  the Legislature.
 1425  
 1426                              PART XVII                            
 1427  
 1428         AMENDMENT OF COMPACT AND REFERENCES.—
 1429         (1)Amendment of this compact may only be made by written
 1430  agreement of the parties, subject to approval by the Secretary
 1431  of the Department of the Interior, either by publication of the
 1432  notice of approval in the Federal Register or by operation of
 1433  law under 25 U.S.C. s. 2710(d)(8).
 1434         (2)Legislative ratification is required for any amendment
 1435  to the compact that alters the provisions relating to covered
 1436  games, the amount of revenue sharing payments, suspension or
 1437  reduction in payments, or exclusivity.
 1438         (3)Changes in the provisions of tribal ordinances,
 1439  regulations, and procedures referenced in this compact may be
 1440  made by the Tribe with 30 days’ advance notice to the state. If
 1441  the state has an objection to any change to the tribal
 1442  ordinance, regulation, or procedure which is the subject of the
 1443  notice on the ground that its adoption would be a violation of
 1444  the Tribe’s obligations under this compact, the state may invoke
 1445  the dispute resolution provisions provided in Part XIII.
 1446  
 1447                             PART XVIII                            
 1448  
 1449         MISCELLANEOUS.—
 1450         (1)Except to the extent expressly provided in this
 1451  compact, this compact is not intended to, and shall not be
 1452  construed to, create any right on the part of a third party to
 1453  bring an action to enforce any of its terms.
 1454         (2)If, after the effective date of this compact, the state
 1455  enters into a compact with any other Tribe that contains more
 1456  favorable terms with respect to the provisions of this Compact
 1457  and the Secretary of the Department of the Interior approves
 1458  such compact, either by publication of the notice of approval in
 1459  the Federal Register or by operation of law under 25 U.S.C. s.
 1460  2710(d)(8), upon tribal notice to the state and the Secretary,
 1461  this compact shall be deemed amended to contain the more
 1462  favorable terms, unless the state objects to the change and can
 1463  demonstrate, in a proceeding commenced under Part XIII, that the
 1464  terms in question are not more favorable.
 1465         (3)Upon the occurrence of certain events beyond the
 1466  Tribe’s control, including acts of God, war, terrorism, fires,
 1467  floods, or accidents causing damage to or destruction of one or
 1468  more of its facilities or property necessary to operate the
 1469  facility or facilities, the Tribe’s obligation to pay the
 1470  guaranteed minimum compact term payment described in Part XI
 1471  shall be reduced pro rata to reflect the percentage of the total
 1472  net win lost to the Tribe from the impacted facility or
 1473  facilities and the net win specified under subsection (2) of
 1474  Part XII for purposes of determining whether the Tribe’s
 1475  payments described in Part XI shall cease, shall be reduced pro
 1476  rata to reflect the percentage of the total net win lost to the
 1477  Tribe from the impacted facility or facilities. The foregoing
 1478  shall not excuse any obligations of the Tribe to make payments
 1479  to the state as and when required hereunder or in any related
 1480  document or agreement.
 1481         (4)The Tribe and the state recognize that opportunities to
 1482  engage in gaming in smoke-free or reduced-smoke environments
 1483  provides both health and other benefits to patrons, and the
 1484  Tribe has instituted a nonsmoking section at its Seminole Hard
 1485  Rock Hotel & Casino-Hollywood Facility. As part of its
 1486  continuing commitment to this issue, the Tribe shall:
 1487         (a)Install and utilize a ventilation system at all new
 1488  construction at its facilities, which system exhausts tobacco
 1489  smoke to the extent reasonably feasible under existing state-of
 1490  the-art technology.
 1491         (b)Designate a smoke-free area for slot machines at all
 1492  new construction at its facilities.
 1493         (c)Install nonsmoking, vented tables for table games
 1494  installed in its facilities sufficient to reasonably respond to
 1495  demand for such tables.
 1496         (d) Designate a nonsmoking area for gaming within all of
 1497  its facilities within five years after the effective date of the
 1498  compact.
 1499         (5)The annual average minimum pay-out of all slot machines
 1500  in each facility may not be less than 85 percent.
 1501         (6)Nothing in this compact shall alter any of the existing
 1502  memoranda of understanding, contracts, or other agreements
 1503  entered into between the Tribe and any other federal, state, or
 1504  local governmental entity.
 1505         (7)The Tribe currently has, as set forth in its Employee
 1506  Fair Treatment and Dispute Resolution Policy, and agrees to
 1507  maintain, standards that are comparable to the standards
 1508  provided in federal laws and state laws forbidding employers
 1509  from discrimination in connection with the employment of persons
 1510  working at the facilities on the basis of race, color, religion,
 1511  national origin, gender, age, disability, or marital status.
 1512  Nothing herein shall preclude the Tribe from giving preference
 1513  in employment, promotion, seniority, lay-offs, or retention to
 1514  members of the Tribe and other federally recognized tribes.
 1515         (8)The Tribe shall, with respect to any facility where
 1516  covered games are played, adopt and comply with tribal
 1517  requirements that meet the same minimum state requirements
 1518  applicable to businesses in the state with respect to
 1519  environmental and building standards.
 1520  
 1521                              PART XIX                             
 1522  
 1523         EXECUTION.—The Governor of the State of Florida affirms
 1524  that he has authority to act for the state in this matter and
 1525  that, provided that this compact is identical to the compact
 1526  ratified by the Legislature pursuant to s. 285.710(3)(c),
 1527  Florida Statutes, no further action by the state or any state
 1528  official is necessary for this compact to take effect upon
 1529  federal approval by action of the Secretary of the Department of
 1530  the Interior or by operation of law under 25 U.S.C. s.
 1531  2710(d)(8) by publication of the notice of approval in the
 1532  Federal Register. The Governor affirms that he will proceed with
 1533  obtaining such federal approval and take all other appropriate
 1534  action to effectuate the purposes and intent of this Compact.
 1535  The undersigned Chairman of the Tribal Council of the Seminole
 1536  Tribe of Florida affirms that he is duly authorized and has the
 1537  authority to execute this Compact on behalf of the Tribe. The
 1538  Chairman also affirms that he will assist in obtaining federal
 1539  approval and take all other appropriate action to effectuate the
 1540  purposes and intent of this Compact.
 1541         (10) The calculations necessary to determine the local
 1542  government share distributions shall be made by the state
 1543  compliance agency based upon the net win per facility as
 1544  provided by the Tribe. The local government share attributable
 1545  to each casino shall be distributed as follows:
 1546         (b) Broward County shall receive 25 percent, the City of
 1547  Hollywood shall receive 45 55 percent, the Town of Davie shall
 1548  receive 20 10 percent, and the City of Dania Beach shall receive
 1549  10 percent of the local government share derived from the
 1550  Seminole Indian Casino-Hollywood.
 1551         (c) Broward County shall receive 25 percent, the City of
 1552  Hollywood shall receive 45 55 percent, the Town of Davie shall
 1553  receive 20 10 percent, and the City of Dania Beach shall receive
 1554  10 percent of the local government share derived from the
 1555  Seminole Hard Rock Hotel & Casino-Hollywood.
 1556         Section 2. Subsection (4) of section 285.712, Florida
 1557  Statutes, is amended to read:
 1558         285.712 Tribal-state gaming compacts.—
 1559         (4) Upon execution receipt of an act ratifying a tribal
 1560  state compact entered pursuant to s. 285.710(3)(b), the Governor
 1561  shall provide a copy to the Secretary of State who shall forward
 1562  a copy of the executed compact and the ratifying act to the
 1563  United States Secretary of the Interior for his or her review
 1564  and approval, in accordance with 25 U.S.C. s. 2710(d)(8)
 1565  2710(8)(d).
 1566         Section 3. Section 546.13, Florida Statutes, is created to
 1567  read:
 1568         546.13 Fantasy contests and fantasy contest operators.—
 1569         (1) DEFINITIONS.—As used in this section, the term:
 1570         (a)“Entry fee” means cash or a cash equivalent that is
 1571  required to be paid by a participant in order to participate in
 1572  a fantasy contest.
 1573         (b)“Fantasy contest” means a fantasy or simulated game or
 1574  contest in which:
 1575         1.The value of all prizes and awards offered to winning
 1576  participants is established and made known to the participants
 1577  in advance of the contest and is unrelated to the number of
 1578  participants in the contest;
 1579         2.All winning outcomes reflect the relative knowledge and
 1580  skill of the participants and are determined predominantly by
 1581  accumulated statistical results of the performance of
 1582  individuals, including athletes in the case of sporting events;
 1583         3.No winning outcome is based on the score, point spread,
 1584  or any performance or performances of any single actual team or
 1585  combination of such teams, solely on any single performance of
 1586  an individual athlete or player in any single actual event, or
 1587  on the performances of participants in collegiate, high school,
 1588  or youth sporting events; and
 1589         4. No casino graphics, themes, or titles, including, but
 1590  not limited to, depictions of slot machine-style symbols, cards,
 1591  craps, roulette, or lotto, are displayed or depicted.
 1592         (c)“Fantasy contest operator” means a person or an entity,
 1593  including any employee or agent, that offers or conducts a
 1594  fantasy contest with an entry fee for a cash prize or award and
 1595  that is not a participant in the fantasy contest.
 1596         (2)EXEMPTIONS.—The Department of Business and Professional
 1597  Regulation may not regulate and the offenses established in ss.
 1598  849.01, 849.08, 849.09, 849.11, 849.14, and 849.25 do not
 1599  include or apply to a fantasy contest operated or conducted by
 1600  a:
 1601         (a) Fantasy contest operator.
 1602         (b) Natural person who is a participant in the fantasy
 1603  contest, serves as the commissioner of not more than 10 fantasy
 1604  contests in a calendar year, and distributes all entry fees for
 1605  the fantasy contest as prizes or awards to the participants in
 1606  that fantasy contest.
 1607         Section 4. Subsections (1) and (3) of section 550.01215,
 1608  Florida Statutes, are amended to read:
 1609         550.01215 License application; periods of operation; bond,
 1610  conversion of permit.—
 1611         (1) Each permitholder shall annually, during the period
 1612  between December 15 and January 4, file in writing with the
 1613  division its application for an operating a license to conduct
 1614  pari-mutuel wagering during the next state fiscal year,
 1615  including intertrack and simulcast race wagering for greyhound
 1616  racing permitholders, jai alai permitholders, thoroughbred horse
 1617  racing permitholders, harness horse racing permitholders, and
 1618  quarter horse racing permitholders that do not to conduct live
 1619  performances during the next state fiscal year. Each application
 1620  for live performances must shall specify the number, dates, and
 1621  starting times of all live performances that which the
 1622  permitholder intends to conduct. It must shall also specify
 1623  which performances will be conducted as charity or scholarship
 1624  performances.
 1625         (a)In addition, Each application for an operating a
 1626  license also must shall include:,
 1627         1. For each permitholder, whether the permitholder intends
 1628  to accept wagers on intertrack or simulcast events.
 1629         2.For each permitholder that elects which elects to
 1630  operate a cardroom, the dates and periods of operation the
 1631  permitholder intends to operate the cardroom. or,
 1632         3. For each thoroughbred racing permitholder that which
 1633  elects to receive or rebroadcast out-of-state races after 7
 1634  p.m., the dates for all performances which the permitholder
 1635  intends to conduct.
 1636         (b)A greyhound racing permitholder that conducted a full
 1637  schedule of live racing for a period of at least 10 consecutive
 1638  state fiscal years after the 1996-1997 state fiscal year, or
 1639  that converted its permit to a permit to conduct greyhound
 1640  racing after the 1996-1997 state fiscal year, irrevocably may
 1641  elect not to conduct live racing if the election is made within
 1642  36 months after the effective date of this act. A greyhound
 1643  racing permitholder that makes such election retains its permit;
 1644  is a pari-mutuel facility as defined in s. 550.002(23); if such
 1645  permitholder has been issued a slot machine license, the
 1646  facility where such permit is located remains an eligible
 1647  facility as defined in s. 551.102(4), continues to be eligible
 1648  for a slot machine license, and is exempt from ss. 551.104(3)
 1649  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1650  required, to be a guest track for purposes of intertrack
 1651  wagering and simulcasting pursuant to ss. 550.3551, 550.615, and
 1652  550.6305; and remains eligible for a cardroom license
 1653  notwithstanding any requirement in s. 849.086 for the conduct of
 1654  live performances. A greyhound racing permitholder may receive
 1655  an operating license to conduct pari-mutuel wagering activities
 1656  at another permitholder’s greyhound racing facility pursuant to
 1657  s. 550.475.
 1658         (c)1. A thoroughbred horse racing permitholder that has
 1659  conducted live racing for at least 5 years irrevocably may elect
 1660  not to conduct live racing if the election is made within 30
 1661  days after the effective date of this act. A thoroughbred horse
 1662  racing permitholder that makes such election may retain such
 1663  permit, must specify in future applications for an operating
 1664  license that it does not intend to conduct live racing, and is a
 1665  pari-mutuel facility as defined in s. 550.002(23).
 1666         2. A thoroughbred horse racing permitholder that makes such
 1667  election:
 1668         a. If such permitholder has been issued a slot machine
 1669  license, the facility where such permit is located remains an
 1670  eligible facility as defined in s. 551.102(4), continues to be
 1671  eligible for a slot machine license, and is exempt from ss.
 1672  550.5251, 551.104(3) and (4)(c)1. and 551.114(2) and (4);
 1673         b. Is eligible, but not required, to be a guest track for
 1674  purposes of intertrack wagering and simulcasting pursuant to ss.
 1675  550.3551, 550.615, and 550.6305; and
 1676         c. Remains eligible for a cardroom license notwithstanding
 1677  any requirement in s. 849.086 for the conduct of live racing.
 1678         3. A thoroughbred horse racing permitholder that makes such
 1679  election shall comply with all contracts regarding contributions
 1680  by such permitholder to thoroughbred horse purse supplements or
 1681  breeders’ awards entered into before the effective date of this
 1682  act pursuant to s. 551.104(10)(a). At the time of such election,
 1683  such permitholder shall file with the division an irrevocable
 1684  consent that such contributions shall be allowed to be used for
 1685  purses and awards on live races at other thoroughbred horse
 1686  racing facilities in this state. Such permitholder may offset
 1687  its contributions to thoroughbred horse purse supplements and
 1688  breeders’ awards under such a contract entered before the
 1689  effective date of this act against the payments required
 1690  pursuant to s. 551.104(4)(c)2.a. This subparagraph and s.
 1691  551.104(10)(a) do not apply after December 31, 2020, to a
 1692  thoroughbred horse racing permitholder that made such election.
 1693         (d) A jai alai permitholder, harness horse racing
 1694  permitholder or a quarter horse racing permitholder that has
 1695  conducted live racing or games for at least 5 years irrevocably
 1696  may elect not to conduct live racing or games if the election is
 1697  made within 36 months after the effective date of this act. A
 1698  permitholder that makes such election retains its permit; is a
 1699  pari-mutuel facility as defined in s. 550.002(23); if such
 1700  permitholder has been issued a slot machine license, the
 1701  facility where such permit is located remains an eligible
 1702  facility as defined in s. 551.102(4), continues to be eligible
 1703  for a slot machine license, and is exempt from ss. 551.104(3)
 1704  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1705  required, to be a guest track and, if the permitholder is a
 1706  harness horse racing permitholder, to be a host track for
 1707  purposes of intertrack wagering and simulcasting pursuant to ss.
 1708  550.3551, 550.615, 550.625, and 550.6305; and remains eligible
 1709  for a cardroom license notwithstanding any requirement in s.
 1710  849.086 to conduct live performances.
 1711         (e) Permitholders may shall be entitled to amend their
 1712  applications through February 28.
 1713         (3) The division shall issue each license no later than
 1714  March 15. Each permitholder shall operate all performances at
 1715  the date and time specified on its license. The division shall
 1716  have the authority to approve minor changes in racing dates
 1717  after a license has been issued. The division may approve
 1718  changes in racing dates after a license has been issued when
 1719  there is no objection from any operating permitholder located
 1720  within 50 miles of the permitholder requesting the changes in
 1721  operating dates. In the event of an objection, the division
 1722  shall approve or disapprove the change in operating dates based
 1723  upon the impact on operating permitholders located within 50
 1724  miles of the permitholder requesting the change in operating
 1725  dates. In making the determination to change racing dates, the
 1726  division shall take into consideration the impact of such
 1727  changes on state revenues. Notwithstanding any other provision
 1728  of law, and for the 2018-2019 fiscal year only, the division may
 1729  approve changes in racing dates for permitholders if the request
 1730  for such changes is received before May 31, 2018.
 1731         Section 5. Subsections (9), (13), (14), and paragraph (a)
 1732  of subsection (11) of section 550.054, Florida Statutes, are
 1733  amended to read:
 1734         550.054 Application for permit to conduct pari-mutuel
 1735  wagering.—
 1736         (9)(a) After a permit has been granted by the division and
 1737  has been ratified and approved by the majority of the electors
 1738  participating in the election in the county designated in the
 1739  permit, the division shall grant to the lawful permitholder,
 1740  subject to the conditions of this chapter, a license to conduct
 1741  pari-mutuel operations under this chapter, and, except as
 1742  provided in s. 550.5251, the division shall fix annually the
 1743  time, place, and number of days during which pari-mutuel
 1744  operations may be conducted by the permitholder at the location
 1745  fixed in the permit and ratified in the election. After the
 1746  first license has been issued to the holder of a ratified permit
 1747  for racing in any county, all subsequent annual applications for
 1748  a license by that permitholder must be accompanied by proof, in
 1749  such form as the division requires, that the ratified
 1750  permitholder still possesses all the qualifications prescribed
 1751  by this chapter and that the permit has not been recalled at a
 1752  later election held in the county.
 1753         (b) The division may revoke or suspend any permit or
 1754  license issued under this chapter upon a the willful violation
 1755  by the permitholder or licensee of any provision of chapter 551,
 1756  chapter 849, or this chapter or rules of any rule adopted
 1757  pursuant to those chapters. With the exception of the revocation
 1758  of permits required in paragraphs (c) and (e) under this
 1759  chapter. In lieu of suspending or revoking a permit or license,
 1760  the division, in lieu of suspending or revoking a permit or
 1761  license, may impose a civil penalty against the permitholder or
 1762  licensee for a violation of this chapter or rules adopted
 1763  pursuant thereto any rule adopted by the division. The penalty
 1764  so imposed may not exceed $1,000 for each count or separate
 1765  offense. All penalties imposed and collected must be deposited
 1766  with the Chief Financial Officer to the credit of the General
 1767  Revenue Fund.
 1768         (c)1.The division shall revoke the permit of any
 1769  permitholder that fails to make payments due pursuant to chapter
 1770  550, chapter 551, or s. 849.086 for more than 24 consecutive
 1771  months unless such failure was the direct result of fire,
 1772  strike, war, or other disaster or event beyond the
 1773  permitholder’s control. Financial hardship to the permitholder
 1774  does not, in and of itself, constitute just cause for failure to
 1775  make payments.
 1776         2.The division shall revoke the permit of any permitholder
 1777  that has not obtained an operating license in accordance with s.
 1778  550.01215 for a period of more than 24 consecutive months after
 1779  June 30, 2012. The division shall revoke the permit upon
 1780  adequate notice to the permitholder. Financial hardship to the
 1781  permitholder does not, in and of itself, constitute just cause
 1782  for failure to operate.
 1783         (d)A new permit to conduct pari-mutuel wagering may not be
 1784  approved or issued after January 1, 2018.
 1785         (e)A permit revoked under this subsection is void and may
 1786  not be reissued.
 1787         (11)(a) A permit granted under this chapter may not be
 1788  transferred or assigned except upon written approval by the
 1789  division pursuant to s. 550.1815, except that the holder of any
 1790  permit that has been converted to a jai alai permit may lease or
 1791  build anywhere within the county in which its permit is located.
 1792         (13)(a) Notwithstanding any provisions of this chapter or
 1793  chapter 551, a pari-mutuel no thoroughbred horse racing permit
 1794  or license issued under this chapter may not shall be
 1795  transferred, or reissued when such reissuance is in the nature
 1796  of a transfer so as to permit or authorize a licensee to change
 1797  the location of a pari-mutuel facility, or a cardroom or slot
 1798  machine facility, except through the relocation of the pari
 1799  mutuel permit pursuant to s. 550.0555 thoroughbred horse
 1800  racetrack except upon proof in such form as the division may
 1801  prescribe that a referendum election has been held:
 1802         1.If the proposed new location is within the same county
 1803  as the already licensed location, in the county where the
 1804  licensee desires to conduct the race meeting and that a majority
 1805  of the electors voting on that question in such election voted
 1806  in favor of the transfer of such license.
 1807         2.If the proposed new location is not within the same
 1808  county as the already licensed location, in the county where the
 1809  licensee desires to conduct the race meeting and in the county
 1810  where the licensee is already licensed to conduct the race
 1811  meeting and that a majority of the electors voting on that
 1812  question in each such election voted in favor of the transfer of
 1813  such license.
 1814         (b)Each referendum held under the provisions of this
 1815  subsection shall be held in accordance with the electoral
 1816  procedures for ratification of permits, as provided in s.
 1817  550.0651. The expense of each such referendum shall be borne by
 1818  the licensee requesting the transfer.
 1819         (14)(a)Notwithstanding any other provision of law, a pari
 1820  mutuel permit, cardroom, or slot machine facility may not be
 1821  relocated, except through the relocation of the pari-mutuel
 1822  permit pursuant to s. 550.0555, and a pari-mutuel permit may not
 1823  be converted to another class of permit. Any holder of a permit
 1824  to conduct jai alai may apply to the division to convert such
 1825  permit to a permit to conduct greyhound racing in lieu of jai
 1826  alai if:
 1827         1.Such permit is located in a county in which the division
 1828  has issued only two pari-mutuel permits pursuant to this
 1829  section;
 1830         2.Such permit was not previously converted from any other
 1831  class of permit; and
 1832         3.The holder of the permit has not conducted jai alai
 1833  games during a period of 10 years immediately preceding his or
 1834  her application for conversion under this subsection.
 1835         (b)The division, upon application from the holder of a jai
 1836  alai permit meeting all conditions of this section, shall
 1837  convert the permit and shall issue to the permitholder a permit
 1838  to conduct greyhound racing. A permitholder of a permit
 1839  converted under this section shall be required to apply for and
 1840  conduct a full schedule of live racing each fiscal year to be
 1841  eligible for any tax credit provided by this chapter. The holder
 1842  of a permit converted pursuant to this subsection or any holder
 1843  of a permit to conduct greyhound racing located in a county in
 1844  which it is the only permit issued pursuant to this section who
 1845  operates at a leased facility pursuant to s. 550.475 may move
 1846  the location for which the permit has been issued to another
 1847  location within a 30-mile radius of the location fixed in the
 1848  permit issued in that county, provided the move does not cross
 1849  the county boundary and such location is approved under the
 1850  zoning regulations of the county or municipality in which the
 1851  permit is located, and upon such relocation may use the permit
 1852  for the conduct of pari-mutuel wagering and the operation of a
 1853  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1854  apply to any permit converted under this subsection and shall
 1855  continue to apply to any permit which was previously included
 1856  under and subject to such provisions before a conversion
 1857  pursuant to this section occurred.
 1858         Section 6. Section 550.0745, Florida Statutes, is repealed.
 1859         Section 7. Subsection (3) of section 550.09512, Florida
 1860  Statutes, is amended to read:
 1861         550.09512 Harness horse taxes; abandoned interest in a
 1862  permit for nonpayment of taxes.—
 1863         (3)(a) The division shall revoke the permit of a harness
 1864  horse racing permitholder who does not pay tax on handle for
 1865  live harness horse performances for a full schedule of live
 1866  races for more than 24 consecutive months during any 2
 1867  consecutive state fiscal years shall be void and shall escheat
 1868  to and become the property of the state unless such failure to
 1869  operate and pay tax on handle was the direct result of fire,
 1870  strike, war, or other disaster or event beyond the ability of
 1871  the permitholder to control. Financial hardship to the
 1872  permitholder does shall not, in and of itself, constitute just
 1873  cause for failure to operate and pay tax on handle. A permit
 1874  revoked under this subsection is void and may not be reissued.
 1875         (b)In order to maximize the tax revenues to the state, the
 1876  division shall reissue an escheated harness horse permit to a
 1877  qualified applicant pursuant to the provisions of this chapter
 1878  as for the issuance of an initial permit. However, the
 1879  provisions of this chapter relating to referendum requirements
 1880  for a pari-mutuel permit shall not apply to the reissuance of an
 1881  escheated harness horse permit. As specified in the application
 1882  and upon approval by the division of an application for the
 1883  permit, the new permitholder shall be authorized to operate a
 1884  harness horse facility anywhere in the same county in which the
 1885  escheated permit was authorized to be operated, notwithstanding
 1886  the provisions of s. 550.054(2) relating to mileage limitations.
 1887         Section 8. Subsections (3) and (7) of section 550.09515,
 1888  Florida Statutes, are amended to read:
 1889         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1890  permit for nonpayment of taxes.—
 1891         (3)(a) The division shall revoke the permit of a
 1892  thoroughbred racing horse permitholder that who does not pay tax
 1893  on handle for live thoroughbred horse performances for a full
 1894  schedule of live races for more than 24 consecutive months
 1895  during any 2 consecutive state fiscal years shall be void and
 1896  shall escheat to and become the property of the state unless
 1897  such failure to operate and pay tax on handle was the direct
 1898  result of fire, strike, war, or other disaster or event beyond
 1899  the ability of the permitholder to control. Financial hardship
 1900  to the permitholder does shall not, in and of itself, constitute
 1901  just cause for failure to operate and pay tax on handle. A
 1902  permit revoked under this subsection is void and may not be
 1903  reissued.
 1904         (b)In order to maximize the tax revenues to the state, the
 1905  division shall reissue an escheated thoroughbred horse permit to
 1906  a qualified applicant pursuant to the provisions of this chapter
 1907  as for the issuance of an initial permit. However, the
 1908  provisions of this chapter relating to referendum requirements
 1909  for a pari-mutuel permit shall not apply to the reissuance of an
 1910  escheated thoroughbred horse permit. As specified in the
 1911  application and upon approval by the division of an application
 1912  for the permit, the new permitholder shall be authorized to
 1913  operate a thoroughbred horse facility anywhere in the same
 1914  county in which the escheated permit was authorized to be
 1915  operated, notwithstanding the provisions of s. 550.054(2)
 1916  relating to mileage limitations.
 1917         (7)If a thoroughbred permitholder fails to operate all
 1918  performances on its 2001-2002 license, failure to pay tax on
 1919  handle for a full schedule of live races for those performances
 1920  in the 2001-2002 fiscal year does not constitute failure to pay
 1921  taxes on handle for a full schedule of live races in a fiscal
 1922  year for the purposes of subsection (3). This subsection may not
 1923  be construed as forgiving a thoroughbred permitholder from
 1924  paying taxes on performances conducted at its facility pursuant
 1925  to its 2001-2002 license other than for failure to operate all
 1926  performances on its 2001-2002 license. This subsection expires
 1927  July 1, 2003.
 1928         Section 9. Paragraph (a) of subsection (1) of section
 1929  550.2415, Florida Statutes, is amended to read:
 1930         550.2415 Racing of animals under certain conditions
 1931  prohibited; penalties; exceptions.—
 1932         (1)(a) The racing of an animal that has been impermissibly
 1933  medicated or determined to have a prohibited substance present
 1934  is prohibited. It is a violation of this section for a person to
 1935  impermissibly medicate an animal or for an animal to have a
 1936  prohibited substance present resulting in a positive test for
 1937  such medications or substances based on samples taken from the
 1938  animal before or immediately after the racing of that animal. It
 1939  is a violation of this section for a greyhound to have anabolic
 1940  steroids present resulting in a positive test for such steroids
 1941  based on samples taken from the greyhound before or immediately
 1942  after the racing of that greyhound. Test results and the
 1943  identities of the animals being tested and of their trainers and
 1944  owners of record are confidential and exempt from s. 119.07(1)
 1945  and from s. 24(a), Art. I of the State Constitution for 10 days
 1946  after testing of all samples collected on a particular day has
 1947  been completed and any positive test results derived from such
 1948  samples have been reported to the director of the division or
 1949  administrative action has been commenced.
 1950         Section 10. Section 550.3345, Florida Statutes, is amended
 1951  to read:
 1952         550.3345 Conversion of quarter horse permit to a Limited
 1953  thoroughbred racing permit.—
 1954         (1) In recognition of the important and long-standing
 1955  economic contribution of the thoroughbred horse breeding
 1956  industry to this state and the state’s vested interest in
 1957  promoting the continued viability of this agricultural activity,
 1958  the state intends to provide a limited opportunity for the
 1959  conduct of live thoroughbred horse racing with the net revenues
 1960  from such racing dedicated to the enhancement of thoroughbred
 1961  purses and breeders’, stallion, and special racing awards under
 1962  this chapter; the general promotion of the thoroughbred horse
 1963  breeding industry; and the care in this state of thoroughbred
 1964  horses retired from racing.
 1965         (2) A limited thoroughbred racing permit previously
 1966  converted from Notwithstanding any other provision of law, the
 1967  holder of a quarter horse racing permit pursuant to chapter
 1968  2010-29, Laws of Florida, issued under s. 550.334 may only be
 1969  held by, within 1 year after the effective date of this section,
 1970  apply to the division for a transfer of the quarter horse racing
 1971  permit to a not-for-profit corporation formed under state law to
 1972  serve the purposes of the state as provided in subsection (1).
 1973  The board of directors of the not-for-profit corporation must be
 1974  composed comprised of 11 members, 4 of whom shall be designated
 1975  by the applicant, 4 of whom shall be designated by the Florida
 1976  Thoroughbred Breeders’ Association, and 3 of whom shall be
 1977  designated by the other 8 directors, with at least 1 of these 3
 1978  members being an authorized representative of another
 1979  thoroughbred racing permitholder in this state. A limited
 1980  thoroughbred racing The not-for-profit corporation shall submit
 1981  an application to the division for review and approval of the
 1982  transfer in accordance with s. 550.054. Upon approval of the
 1983  transfer by the division, and notwithstanding any other
 1984  provision of law to the contrary, the not-for-profit corporation
 1985  may, within 1 year after its receipt of the permit, request that
 1986  the division convert the quarter horse racing permit to a permit
 1987  authorizing the holder to conduct pari-mutuel wagering meets of
 1988  thoroughbred racing. Neither the transfer of the quarter horse
 1989  racing permit nor its conversion to a limited thoroughbred
 1990  permit shall be subject to the mileage limitation or the
 1991  ratification election as set forth under s. 550.054(2) or s.
 1992  550.0651. Upon receipt of the request for such conversion, the
 1993  division shall timely issue a converted permit. The converted
 1994  permit and the not-for-profit corporation are shall be subject
 1995  to the following requirements:
 1996         (a) All net revenues derived by the not-for-profit
 1997  corporation under the thoroughbred horse racing permit, after
 1998  the funding of operating expenses and capital improvements,
 1999  shall be dedicated to the enhancement of thoroughbred purses and
 2000  breeders’, stallion, and special racing awards under this
 2001  chapter; the general promotion of the thoroughbred horse
 2002  breeding industry; and the care in this state of thoroughbred
 2003  horses retired from racing.
 2004         (b) From December 1 through April 30, no live thoroughbred
 2005  racing may not be conducted under the permit on any day during
 2006  which another thoroughbred racing permitholder is conducting
 2007  live thoroughbred racing within 125 air miles of the not-for
 2008  profit corporation’s pari-mutuel facility unless the other
 2009  thoroughbred racing permitholder gives its written consent.
 2010         (c) After the conversion of the quarter horse racing permit
 2011  and the issuance of its initial license to conduct pari-mutuel
 2012  wagering meets of thoroughbred racing, the not-for-profit
 2013  corporation shall annually apply to the division for a license
 2014  pursuant to s. 550.5251.
 2015         (d) Racing under the permit may take place only at the
 2016  location for which the original quarter horse racing permit was
 2017  issued, which may be leased by the not-for-profit corporation
 2018  for that purpose, notwithstanding s. 550.475; however, the not
 2019  for-profit corporation may, without the conduct of any
 2020  ratification election pursuant to s. 550.054(13) or s. 550.0651,
 2021  move the location of the permit to another location in the same
 2022  county or counties, if a permit is situated in such a manner
 2023  that it is located in more than one county, provided that such
 2024  relocation is approved under the zoning and land use regulations
 2025  of the applicable county or municipality.
 2026         (e) A limited thoroughbred racing No permit may not be
 2027  transferred converted under this section is eligible for
 2028  transfer to another person or entity.
 2029         (3) Unless otherwise provided in this section, after
 2030  conversion, the permit and the not-for-profit corporation shall
 2031  be treated under the laws of this state as a thoroughbred racing
 2032  permit and as a thoroughbred racing permitholder, respectively,
 2033  with the exception of ss. 550.054(9)(c) and 550.09515(3) s.
 2034  550.09515(3).
 2035         Section 11. Section 550.5251, Florida Statutes, is amended
 2036  to read:
 2037         550.5251 Florida thoroughbred racing; certain permits;
 2038  operating days.—
 2039         (1) Each thoroughbred permitholder shall annually, during
 2040  the period commencing December 15 of each year and ending
 2041  January 4 of the following year, file in writing with the
 2042  division its application to conduct one or more thoroughbred
 2043  racing meetings during the thoroughbred racing season commencing
 2044  on the following July 1. Each application shall specify the
 2045  number and dates of all performances that the permitholder
 2046  intends to conduct during that thoroughbred racing season. On or
 2047  before March 15 of each year, the division shall issue a license
 2048  authorizing each permitholder to conduct performances on the
 2049  dates specified in its application. Up to February 28 of each
 2050  year, each permitholder may request and shall be granted changes
 2051  in its authorized performances; but thereafter, as a condition
 2052  precedent to the validity of its license and its right to retain
 2053  its permit, each permitholder must operate the full number of
 2054  days authorized on each of the dates set forth in its license.
 2055         (2) A thoroughbred racing permitholder may not begin any
 2056  race later than 7 p.m. Any thoroughbred permitholder in a county
 2057  in which the authority for cardrooms has been approved by the
 2058  board of county commissioners may operate a cardroom and, when
 2059  conducting live races during its current race meet, may receive
 2060  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2061  any day during which the permitholder conducts live races.
 2062         (3)(a) Each licensed thoroughbred permitholder in this
 2063  state must run an average of one race per racing day in which
 2064  horses bred in this state and duly registered with the Florida
 2065  Thoroughbred Breeders’ Association have preference as entries
 2066  over non-Florida-bred horses, unless otherwise agreed to in
 2067  writing by the permitholder, the Florida Thoroughbred Breeders’
 2068  Association, and the association representing a majority of the
 2069  thoroughbred racehorse owners and trainers at that location. All
 2070  licensed thoroughbred racetracks shall write the conditions for
 2071  such races in which Florida-bred horses are preferred so as to
 2072  assure that all Florida-bred horses available for racing at such
 2073  tracks are given full opportunity to run in the class of races
 2074  for which they are qualified. The opportunity of running must be
 2075  afforded to each class of horses in the proportion that the
 2076  number of horses in this class bears to the total number of
 2077  Florida-bred horses available. A track is not required to write
 2078  conditions for a race to accommodate a class of horses for which
 2079  a race would otherwise not be run at the track during its meet.
 2080         (2)(b) Each licensed thoroughbred permitholder in this
 2081  state may run one additional race per racing day composed
 2082  exclusively of Arabian horses registered with the Arabian Horse
 2083  Registry of America. Any licensed thoroughbred permitholder that
 2084  elects to run one additional race per racing day composed
 2085  exclusively of Arabian horses registered with the Arabian Horse
 2086  Registry of America is not required to provide stables for the
 2087  Arabian horses racing under this subsection paragraph.
 2088         (3)(c) Each licensed thoroughbred permitholder in this
 2089  state may run up to three additional races per racing day
 2090  composed exclusively of quarter horses registered with the
 2091  American Quarter Horse Association.
 2092         Section 12. Subsections (1), (4), and (5) of section
 2093  550.6308, Florida Statutes, are amended to read:
 2094         550.6308 Limited intertrack wagering license.—In
 2095  recognition of the economic importance of the thoroughbred
 2096  breeding industry to this state, its positive impact on tourism,
 2097  and of the importance of a permanent thoroughbred sales facility
 2098  as a key focal point for the activities of the industry, a
 2099  limited license to conduct intertrack wagering is established to
 2100  ensure the continued viability and public interest in
 2101  thoroughbred breeding in Florida.
 2102         (1) Upon application to the division on or before January
 2103  31 of each year, any person that is licensed to conduct public
 2104  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 2105  conducted at least 8 15 days of thoroughbred horse sales at a
 2106  permanent sales facility in this state for at least 3
 2107  consecutive years, and that has conducted at least 1 day of
 2108  nonwagering thoroughbred racing in this state, with a purse
 2109  structure of at least $250,000 per year for 2 consecutive years
 2110  before such application, shall be issued a license, subject to
 2111  the conditions set forth in this section, to conduct intertrack
 2112  wagering at such a permanent sales facility during the following
 2113  periods:
 2114         (a) Up to 21 days in connection with thoroughbred sales;
 2115         (b) Between November 1 and May 8;
 2116         (c) Between May 9 and October 31 at such times and on such
 2117  days as any thoroughbred, jai alai, or a greyhound permitholder
 2118  in the same county is not conducting live performances; provided
 2119  that any such permitholder may waive this requirement, in whole
 2120  or in part, and allow the licensee under this section to conduct
 2121  intertrack wagering during one or more of the permitholder’s
 2122  live performances; and
 2123         (d) During the weekend of the Kentucky Derby, the
 2124  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2125  conducted before November 1 and after May 8.
 2126  
 2127  Only No more than one such license may be issued, and no such
 2128  license may be issued for a facility located within 50 miles of
 2129  any for-profit thoroughbred permitholder’s track.
 2130         (4) Intertrack wagering under this section may be conducted
 2131  only on thoroughbred horse racing, except that intertrack
 2132  wagering may be conducted on any class of pari-mutuel race or
 2133  game conducted by any class of permitholders licensed under this
 2134  chapter if all thoroughbred, jai alai, and greyhound
 2135  permitholders in the same county as the licensee under this
 2136  section give their consent.
 2137         (4)(5) The licensee shall be considered a guest track under
 2138  this chapter. The licensee shall pay 2.5 percent of the total
 2139  contributions to the daily pari-mutuel pool on wagers accepted
 2140  at the licensee’s facility on greyhound races or jai alai games
 2141  to the thoroughbred permitholder that is conducting live races
 2142  for purses to be paid during its current racing meet. If more
 2143  than one thoroughbred permitholder is conducting live races on a
 2144  day during which the licensee is conducting intertrack wagering
 2145  on greyhound races or jai alai games, the licensee shall
 2146  allocate these funds between the operating thoroughbred
 2147  permitholders on a pro rata basis based on the total live handle
 2148  at the operating permitholders’ facilities.
 2149         Section 13. Subsections (4), (10), and (11) of section
 2150  551.102, Florida Statutes, are amended to read:
 2151         551.102 Definitions.—As used in this chapter, the term:
 2152         (4) “Eligible facility” means any licensed pari-mutuel
 2153  facility located in Miami-Dade County or Broward County existing
 2154  at the time of adoption of s. 23, Art. X of the State
 2155  Constitution that has conducted live racing or games during
 2156  calendar years 2002 and 2003 and has been approved by a majority
 2157  of voters in a countywide referendum to have slot machines at
 2158  such facility in the respective county; any licensed pari-mutuel
 2159  facility located within a county as defined in s. 125.011,
 2160  provided such facility has conducted live racing for 2
 2161  consecutive calendar years immediately preceding its application
 2162  for a slot machine license, pays the required license fee, and
 2163  meets the other requirements of this chapter; or any licensed
 2164  pari-mutuel facility in any other county in which a majority of
 2165  voters have approved slot machines at such facilities in a
 2166  countywide referendum held pursuant to a statutory or
 2167  constitutional authorization after the effective date of this
 2168  section in the respective county, provided such facility has
 2169  conducted a full schedule of live racing for 2 consecutive
 2170  calendar years immediately preceding its application for a slot
 2171  machine license, pays the required licensed fee, and meets the
 2172  other requirements of this chapter.
 2173         (10) “Slot machine license” means a license issued by the
 2174  division authorizing a pari-mutuel permitholder to place and
 2175  operate slot machines as provided in by s. 23, Art. X of the
 2176  State Constitution, the provisions of this chapter, and by
 2177  division rule rules.
 2178         (11) “Slot machine licensee” means a pari-mutuel
 2179  permitholder which who holds a license issued by the division
 2180  pursuant to this chapter which that authorizes such person to
 2181  possess a slot machine within facilities specified in s. 23,
 2182  Art. X of the State Constitution and allows slot machine gaming.
 2183         Section 14. Subsections (1) and (2) and paragraph (c) of
 2184  subsection (4) of section 551.104, Florida Statutes, are amended
 2185  to read:
 2186         551.104 License to conduct slot machine gaming.—
 2187         (1) Upon application, and a finding by the division after
 2188  investigation that the application is complete and that the
 2189  applicant is qualified, and payment of the initial license fee,
 2190  the division may issue a license to conduct slot machine gaming
 2191  in the designated slot machine gaming area of the eligible
 2192  facility. Once licensed, slot machine gaming may be conducted
 2193  subject to the requirements of this chapter and rules adopted
 2194  pursuant thereto. The division may not issue a slot machine
 2195  license to any pari-mutuel permitholder that includes, or
 2196  previously included within its ownership group, an ultimate
 2197  equitable owner that was also an ultimate equitable owner of a
 2198  pari-mutuel permitholder whose permit was voluntarily or
 2199  involuntarily surrendered, suspended, or revoked by the division
 2200  within 10 years before the date of the permitholder’s filing of
 2201  an application for a slot machine license.
 2202         (2) An application may be approved by the division only
 2203  after:
 2204         (a) The voters of the county where the applicant’s facility
 2205  is located have authorized by referendum slot machines within
 2206  pari-mutuel facilities located in: that county as specified in
 2207  s. 23, Art. X of the State Constitution
 2208         1. Miami-Dade County or Broward County existing at the time
 2209  of adoption of s. 23, Art. X of the State Constitution which
 2210  conducted live racing or games during calendar years 2002 and
 2211  2003, if such permitholder pays the required license fee and
 2212  meets the other requirements of this chapter.
 2213         2. A county as defined in s. 125.011, provided such
 2214  facility has conducted live racing for 2 consecutive calendar
 2215  years immediately preceding its application for a slot machine
 2216  license, pays the required license fee, and meets the other
 2217  requirements of this chapter.
 2218         3. Any other county, provided:
 2219         a. The permitholder of such facility has conducted a full
 2220  schedule of live racing or games, as defined in s. 550.002(11),
 2221  for 2 consecutive calendar years immediately preceding its
 2222  application for a slot machine license, pays the required
 2223  license fee, and meets the other requirements of this chapter,
 2224  and such referendum was conducted after January 1, 2012, and on
 2225  or before September 1, 2018; or
 2226         b. Such facility is located on or contiguous with property
 2227  of the qualified project of a public-private partnership between
 2228  the permitholder and a responsible public entity in accordance
 2229  with s. 255.065 and for which a comprehensive agreement has been
 2230  executed pursuant to s. 255.065 (7), has conducted a full
 2231  schedule of live racing or games, as defined in s. 550.002(11),
 2232  for 2 consecutive calendar years immediately preceding its
 2233  application, pays the required license fee and meets the other
 2234  requirements of this chapter, and such referendum is conducted
 2235  after the effective date of this act and on or before September
 2236  1, 2018.
 2237         (b) The applicant, for a facility described in subparagraph
 2238  (a)3., irrevocably surrenders to the division one greyhound
 2239  racing permit or one jai alai permit issued pursuant to chapter
 2240  550 and, after surrendering such permit, continues to hold the
 2241  permit authorizing pari-mutuel wagering activities at the
 2242  location at which the applicant intends to operate slot machine
 2243  gaming. For a permit to be qualified for surrender by an
 2244  applicant under this paragraph, the holder of such greyhound
 2245  racing permit or jai alai permit, including any previous owner
 2246  of such permit, must have conducted a full schedule of live
 2247  racing or games, as defined in s. 550.002(11), under such permit
 2248  for not less than the 5 state fiscal years immediately prior to
 2249  state fiscal year 2018-2019. Upon the surrender of such
 2250  greyhound racing permit or jai alai permit, the surrendered
 2251  permit is void and may not be reissued.
 2252         (4) As a condition of licensure and to maintain continued
 2253  authority for the conduct of slot machine gaming, a the slot
 2254  machine licensee shall:
 2255         (c)1. Conduct no less fewer than a full schedule of live
 2256  racing or games as defined in s. 550.002(11), unless conducting
 2257  less than a full schedule of live racing or games pursuant to s.
 2258  550.01215(1)(b), (c), or (d). A permitholder’s responsibility to
 2259  conduct a full schedule such number of live races or games, as
 2260  defined in s. 550.002(11), shall be reduced by the number of
 2261  races or games that could not be conducted due to the direct
 2262  result of fire, war, hurricane, or other disaster or event
 2263  beyond the control of the permitholder. A permitholder may
 2264  conduct live races or games at another pari-mutuel facility
 2265  pursuant to s. 550.475 if such permitholder has operated its
 2266  live races or games by lease for at least 5 consecutive years
 2267  immediately prior to the permitholder’s application for a slot
 2268  machine license.
 2269         2.a. If not licensed to conduct a full schedule of live
 2270  racing or games, as defined in s. 550.002(11), pursuant to s.
 2271  550.01215(1)(b), (c), or (d), remit each month to each qualified
 2272  thoroughbred permitholder, by electronic funds transfer, an
 2273  amount equal to one-twelfth of the lesser of $1.5 million or
 2274  2.75 percent of its slot machine revenues from the previous
 2275  state fiscal year, divided by the total number of qualified
 2276  thoroughbred permitholders for the applicable state fiscal year.
 2277         b. Notwithstanding sub-subparagraph a., if not licensed to
 2278  conduct a full schedule of live racing or games, as defined in
 2279  s. 550.002(11), pursuant to s. 550.01215(1)(c), remit each month
 2280  after the expiration of a contract entered before the effective
 2281  date of this act pursuant to s. 551.104(10)(a), to each
 2282  qualified thoroughbred permitholder, by electronic funds
 2283  transfer, an amount equal to one-twelfth of $3.5 million during
 2284  calendar year 2021, $3 million during calendar year 2022, $2.5
 2285  million during calendar year 2023, and $2 million during
 2286  calendar year 2024. This sub-subparagraph does not apply in
 2287  calendar year 2025 and thereafter.
 2288         c. Qualified thoroughbred permitholders shall use such
 2289  payments exclusively for purses and awards for live thoroughbred
 2290  horse races held at the qualified thoroughbred permitholder’s
 2291  racing facility. For the purposes of this subparagraph, the term
 2292  “qualified thoroughbred permitholder” means a thoroughbred
 2293  permitholder conducting, in the applicable state fiscal year, no
 2294  less than a full schedule of live racing or games, as defined in
 2295  s. 550.002(11), and no fewer live thoroughbred horse racing
 2296  performances than such permitholder conducted in state fiscal
 2297  year 2017-2018. The term does not include a permitholder whose
 2298  permit was issued pursuant to s. 550.3345 or a permitholder
 2299  leasing at another thoroughbred permitholder’s facility pursuant
 2300  to s. 550.475.
 2301         d.The division shall notify each slot machine licensee
 2302  required to remit such payments, not later than 15 days after
 2303  issuing the slot machine license, of the qualified thoroughbred
 2304  permitholders to which such payments must be paid. Each
 2305  qualified thoroughbred permitholder shall provide each slot
 2306  machine licensee required to remit payments pursuant to this
 2307  subparagraph with written instructions for transmitting such
 2308  electronic payments. Such payments shall be remitted to each
 2309  qualified thoroughbred permitholder on the fifth day of each
 2310  calendar month. If the fifth day of the calendar month falls on
 2311  a weekend, such payment shall be remitted on the first Monday
 2312  following the weekend.
 2313         e. A qualified thoroughbred permitholder receiving funds
 2314  under this subparagraph shall remit, within 10 days after
 2315  receipt, 10 percent of those funds to the Florida Thoroughbred
 2316  Breeders’ Association, Inc., for the payment of breeders’,
 2317  stallion, and special racing awards, subject to the fee
 2318  authorized in s. 550.2625(3).
 2319         f. A slot machine licensee that conducts no live racing
 2320  pursuant to s. 550.01215(1)(c) and has made payments pursuant to
 2321  sub-subparagraph 2.b. may offset the total amount paid in
 2322  calendar years 2021, 2022, 2023, and 2024, that is in excess of
 2323  the total amount that would have been paid pursuant to sub
 2324  subparagraph 2.a. in those calendar years, against the amount
 2325  required to be paid under sub-subparagraph 2.a., beginning in
 2326  calendar year 2026. Provided, however, the total amount that may
 2327  be offset each month against the total of the monthly amounts
 2328  remitted pursuant to sub-subparagraph 2.a. may not exceed one
 2329  twelfth of $500,000 in calendar years 2026, 2027, and 2028;
 2330  $600,000 in calendar years 2029, 2030, and 2031; and $700,000 in
 2331  each subsequent calendar year, until the total amount authorized
 2332  to be offset under this sub-subparagraph in all calendar years
 2333  equals $5 million.
 2334         Section 15. Subsections (3) and (5) of section 551.106,
 2335  Florida Statutes, are redesignated as subsections (4) and (6),
 2336  respectively, a new subsection (3) is added to that section, and
 2337  subsections (1), (2), and present subsection (4) of that section
 2338  are amended, to read:
 2339         551.106 License fee; tax rate; penalties.—
 2340         (1) LICENSE FEE.—
 2341         (a) Upon submission of the initial application for a slot
 2342  machine license, and annually thereafter, on the anniversary
 2343  date of the issuance of the initial license, the licensee must
 2344  pay to the division a nonrefundable license fee of $3 million
 2345  for the succeeding 12 months of licensure. In the 2010-2011
 2346  fiscal year, the licensee must pay the division a nonrefundable
 2347  license fee of $2.5 million for the succeeding 12 months of
 2348  licensure. In the 2011-2012 fiscal year and for every fiscal
 2349  year thereafter, the licensee must pay the division a
 2350  nonrefundable license fee of $2 million for the succeeding 12
 2351  months of licensure. The license fee must shall be deposited
 2352  into the Pari-mutuel Wagering Trust Fund of the Department of
 2353  Business and Professional Regulation to be used by the division
 2354  and the Department of Law Enforcement for investigations,
 2355  regulation of slot machine gaming, and enforcement of slot
 2356  machine gaming provisions under this chapter. These payments
 2357  must shall be accounted for separately from taxes or fees paid
 2358  pursuant to the provisions of chapter 550.
 2359         (b) Prior to January 1, 2007, the division shall evaluate
 2360  the license fee and shall make recommendations to the President
 2361  of the Senate and the Speaker of the House of Representatives
 2362  regarding the optimum level of slot machine license fees in
 2363  order to adequately support the slot machine regulatory program.
 2364         (2) TAX ON SLOT MACHINE REVENUES.—
 2365         (a)1. The tax rate on slot machine revenues at each
 2366  facility is shall be 35 percent. Effective January 1, 2019, the
 2367  tax rate on slot machine revenues at each facility is 30
 2368  percent. Effective July 1, 2020, the tax rate on slot machine
 2369  revenues at each facility is 25 percent.
 2370         2.a. If, during any state fiscal year, the aggregate amount
 2371  of tax paid to the state by all slot machine licensees in
 2372  Broward and Miami-Dade Counties is less than the aggregate
 2373  amount of tax paid to the state by all slot machine licensees in
 2374  those counties in the 2017-2018 2008-2009 fiscal year, each slot
 2375  machine licensee shall pay to the state within 45 days after the
 2376  end of the state fiscal year a surcharge equal to its pro rata
 2377  share of an amount equal to the difference between the aggregate
 2378  amount of tax paid to the state by all slot machine licensees in
 2379  the 2008-2009 fiscal year and the amount of tax paid during the
 2380  fiscal year.
 2381         b. The amount of the surcharge to be paid by each such
 2382  licensee must be calculated by dividing the aggregate amount of
 2383  slot machine taxes paid to the state by all such slot machine
 2384  licensees in the 2017-2018 fiscal year by the aggregate amount
 2385  of slot machine taxes paid by all such licensees during the
 2386  applicable state fiscal year, multiplying the result by the
 2387  amount of slot machine taxes paid by the licensee during the
 2388  applicable state fiscal year, and then subtracting from that
 2389  product the amount of slot machine taxes paid by the licensee
 2390  during the applicable state fiscal year. However, the sum of the
 2391  taxes paid by a licensee pursuant to subparagraph 1. and any
 2392  surcharge due from the licensee may not exceed 35 percent of the
 2393  slot machine revenue of that licensee in the applicable state
 2394  fiscal year Each licensee’s pro rata share shall be an amount
 2395  determined by dividing the number 1 by the number of facilities
 2396  licensed to operate slot machines during the applicable fiscal
 2397  year, regardless of whether the facility is operating such
 2398  machines.
 2399         (b) The slot machine revenue tax imposed by this section on
 2400  facilities licensed pursuant to s. 551.104(2)(a)1., 2., or 3.a.
 2401  must shall be paid to the division for deposit into the Pari
 2402  mutuel Wagering Trust Fund for immediate transfer by the Chief
 2403  Financial Officer for deposit into the Educational Enhancement
 2404  Trust Fund of the Department of Education. Any interest earnings
 2405  on the tax revenues must shall also be transferred to the
 2406  Educational Enhancement Trust Fund. The slot machine revenue tax
 2407  imposed by this section on facilities licensed pursuant to s.
 2408  551.104(2)(a)3.b. must be paid to the division for deposit into
 2409  the Pari-mutuel Wagering Trust Fund. The division must transfer
 2410  90 percent of such funds to be deposited by the Chief Financial
 2411  Officer into the Educational Enhancement Trust Fund of the
 2412  Department of Education and must transfer 10 percent of such
 2413  funds to the responsible public entity for the public-private
 2414  partnership of the slot machine licensee pursuant to ss.
 2415  551.104(2)(a)3.b. and 255.065.
 2416         (c)1. Funds transferred to the Educational Enhancement
 2417  Trust Fund under paragraph (b) must shall be used to supplement
 2418  public education funding statewide. Funds transferred to a
 2419  responsible public entity pursuant to paragraph (b) must be used
 2420  in accordance with s. 255.065 to finance the qualifying project
 2421  of such entity and the slot machine licensee, which established
 2422  the licensee’s eligibility for initial licensure pursuant to s.
 2423  551.104(2)(a)3.b.
 2424         2. If necessary to comply with any covenant established
 2425  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2426  funds transferred to the Educational Enhancement Trust Fund
 2427  under paragraph (b) must shall first be available to pay debt
 2428  service on lottery bonds issued to fund school construction in
 2429  the event lottery revenues are insufficient for such purpose or
 2430  to satisfy debt service reserve requirements established in
 2431  connection with lottery bonds. Moneys available pursuant to this
 2432  subparagraph are subject to annual appropriation by the
 2433  Legislature.
 2434         (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
 2435         (a) If a permitholder located within a county that has
 2436  conducted a successful slot machine referendum after January 1,
 2437  2012, does not pay at least $10 million in total slot machine
 2438  taxes and license fees to the state in state fiscal year 2018
 2439  2019, the permitholder shall pay to the state within 45 days
 2440  after the end of the state fiscal year a surcharge equal to the
 2441  difference between the aggregate amount of slot machine taxes
 2442  and license fees paid to the state in the fiscal year and $10
 2443  million, regardless of whether the permitholder or licensee
 2444  operated slot machines during the fiscal year.
 2445         (b) If a permitholder located within a county that has
 2446  conducted a successful slot machine referendum after January 1,
 2447  2012, does not pay at least $20 million in total slot machine
 2448  taxes and license fees to the state in state fiscal year 2019
 2449  2020 and any subsequent state fiscal year, the permitholder
 2450  shall pay to the state within 45 days after the end of the state
 2451  fiscal year a surcharge equal to the difference between the
 2452  aggregate amount of slot machine taxes and license fees paid to
 2453  the state in the fiscal year and $20 million, regardless of
 2454  whether the permitholder or licensee operated slot machines
 2455  during the fiscal year.
 2456         (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 2457  fails to make tax and any applicable surcharge payments as
 2458  required under this section is subject to an administrative
 2459  penalty of up to $10,000 for each day the tax payment is not
 2460  remitted. All administrative penalties imposed and collected
 2461  must shall be deposited into the Pari-mutuel Wagering Trust Fund
 2462  of the Department of Business and Professional Regulation. If
 2463  any slot machine licensee fails to pay penalties imposed by
 2464  order of the division under this subsection, the division may
 2465  deny, suspend, revoke, or refuse to renew the license of the
 2466  permitholder or slot machine licensee.
 2467         Section 16. Subsections (1), (2), and (4) of section
 2468  551.114, Florida Statutes, are amended to read:
 2469         551.114 Slot machine gaming areas.—
 2470         (1)(a) A slot machine licensee whose initial license was
 2471  issued before January 1, 2018, may make available for play up
 2472  to:
 2473         1. 1,600 2,000 slot machines within the property of the
 2474  facilities of the slot machine licensee, if the licensee made
 2475  available for play 1,250 or more slot machines during state
 2476  fiscal year 2016-2017.
 2477         2. 1,200 slot machines within the property of the
 2478  facilities of the slot machine licensee, if the licensee made
 2479  available for play 1,000 or more slot machines, but less than
 2480  1,250 slot machines, during state fiscal year 2016-2017.
 2481         3. 1,000 slot machines within the property of the
 2482  facilities of the slot machine licensee, if the licensee made
 2483  available for play less than 1,000 slot machines during state
 2484  fiscal year 2016-2017.
 2485         (b)1. A slot machine licensee whose initial license was
 2486  issued on or after January 1, 2018, may make available for play
 2487  up to 750 slot machines within the property of the facilities of
 2488  the slot machine licensee; provided however, the total number of
 2489  slot machines which may be made available for play by all slot
 2490  machine licensees whose initial license was issued after January
 2491  1, 2018, may not exceed 6,000 slot machines.
 2492         2. If the total number of slot machines which all licensees
 2493  whose initial license was issued on or after January 1, 2018,
 2494  would exceed 6,000 slot machines if each such licensee were to
 2495  operate 750 slot machines, the maximum number of slot machines
 2496  each such licensee may make available for play may not exceed
 2497  6,000 divided by the number of licensees whose initial license
 2498  was issued after January 1, 2018.
 2499         (2) If such races or games are available to the slot
 2500  machine licensee, the slot machine licensee shall display pari
 2501  mutuel races or games within the designated slot machine gaming
 2502  areas and offer patrons within the designated slot machine
 2503  gaming areas the ability to engage in pari-mutuel wagering on
 2504  any live, intertrack, and simulcast races conducted or offered
 2505  to patrons of the licensed facility.
 2506         (4) Designated slot machine gaming areas shall may be
 2507  located anywhere within the property described in a slot machine
 2508  licensee’s pari-mutuel permit within the current live gaming
 2509  facility or in an existing building that must be contiguous and
 2510  connected to the live gaming facility. If a designated slot
 2511  machine gaming area is to be located in a building that is to be
 2512  constructed, that new building must be contiguous and connected
 2513  to the live gaming facility.
 2514         Section 17. Section 551.116, Florida Statutes, is amended
 2515  to read:
 2516         551.116 Days and hours of operation.—Slot machine gaming
 2517  areas may be open 24 hours per day, 7 days a week daily
 2518  throughout the year. The slot machine gaming areas may be open a
 2519  cumulative amount of 18 hours per day on Monday through Friday
 2520  and 24 hours per day on Saturday and Sunday and on those
 2521  holidays specified in s. 110.117(1).
 2522         Section 18. Present subsections (9) through (17) of section
 2523  849.086, Florida Statutes, are redesignated as subsections (10)
 2524  through (18), respectively, a new subsection (9) is added to
 2525  that section, subsections (1) and (2) of that section are
 2526  amended, paragraph (g) is added to subsection (4) of that
 2527  section, and paragraph (b) of subsection (5), paragraphs (a),
 2528  (b), and (c) of subsection (7), paragraph (a) of subsection (8),
 2529  present subsection (12), and paragraphs (d) and (h) of present
 2530  subsection (13) are amended, to read:
 2531         849.086 Cardrooms authorized.—
 2532         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2533  to provide additional entertainment choices for the residents of
 2534  and visitors to the state, promote tourism in the state, provide
 2535  revenues to support the continuation of live pari-mutuel
 2536  activity, and provide additional state revenues through the
 2537  authorization of the playing of certain games in the state at
 2538  facilities known as cardrooms which are to be located at
 2539  licensed pari-mutuel facilities. To ensure the public confidence
 2540  in the integrity of authorized cardroom operations, this act is
 2541  designed to strictly regulate the facilities, persons, and
 2542  procedures related to cardroom operations. Furthermore, the
 2543  Legislature finds that authorized games of poker and dominoes as
 2544  herein defined are considered to be pari-mutuel style games and
 2545  not casino gaming because the participants play against each
 2546  other instead of against the house.
 2547         (2) DEFINITIONS.—As used in this section:
 2548         (a) “Authorized game” means a game or series of games of
 2549  poker, including designated player games, played in conformance
 2550  with this section and in a manner consistent with the rules and
 2551  requirements specified in the 1974 edition of Hoyle’s Modern
 2552  Encyclopedia of Card Games: Rules of All the Basic Games and
 2553  Popular Variations and including three card poker, or dominoes
 2554  played in conformance with this section or dominoes which are
 2555  played in a nonbanking manner.
 2556         (b) “Banking game” means a game in which the house is a
 2557  participant in the game, taking on players, paying winners, and
 2558  collecting from losers or in which the cardroom establishes a
 2559  bank against which participants play. A designated player game
 2560  is not a banking game.
 2561         (c) “Cardroom” means a facility where authorized games are
 2562  played for money or anything of value and to which the public is
 2563  invited to participate in such games and charged a fee for
 2564  participation by the operator of such facility. Authorized games
 2565  and cardrooms do not constitute casino gaming operations if
 2566  conducted at an eligible facility.
 2567         (d) “Cardroom management company” means any individual not
 2568  an employee of the cardroom operator, any proprietorship,
 2569  partnership, corporation, or other entity that enters into an
 2570  agreement with a cardroom operator to manage, operate, or
 2571  otherwise control the daily operation of a cardroom.
 2572         (e) “Cardroom distributor” means any business that
 2573  distributes cardroom paraphernalia such as card tables, betting
 2574  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2575  banking supplies, playing cards, card shufflers, and other
 2576  associated equipment to authorized cardrooms.
 2577         (f) “Cardroom operator” means a licensed pari-mutuel
 2578  permitholder that which holds a valid permit and license issued
 2579  by the division pursuant to chapter 550 and which also holds a
 2580  valid cardroom license issued by the division pursuant to this
 2581  section which authorizes such person to operate a cardroom and
 2582  to conduct authorized games in such cardroom.
 2583         (g)“Designated player” means the player identified for
 2584  each game by a button that rotates clockwise before each hand
 2585  begins as the player in the dealer position and seated at a
 2586  traditional player position in a designated player game who pays
 2587  winning players and collects from losing players.
 2588         (h)“Designated player game” means a game in which the
 2589  players compare their cards only to the cards of the designated
 2590  player or to a combination of cards held by the designated
 2591  player and cards common and available for play by all players.
 2592         (i)(g) “Division” means the Division of Pari-mutuel
 2593  Wagering of the Department of Business and Professional
 2594  Regulation.
 2595         (j)(h) “Dominoes” means a game of dominoes typically played
 2596  with a set of 28 flat rectangular blocks, called “bones,” which
 2597  are marked on one side and divided into two equal parts, with
 2598  zero to six dots, called “pips,” in each part. The term also
 2599  includes larger sets of blocks that contain a correspondingly
 2600  higher number of pips. The term also means the set of blocks
 2601  used to play the game.
 2602         (k)(i) “Gross receipts” means the total amount of money
 2603  received by a cardroom from any person for participation in
 2604  authorized games.
 2605         (l)(j) “House” means the cardroom operator and all
 2606  employees of the cardroom operator.
 2607         (m)(k) “Net proceeds” means the total amount of gross
 2608  receipts received by a cardroom operator from cardroom
 2609  operations less direct operating expenses related to cardroom
 2610  operations, including labor costs, admission taxes only if a
 2611  separate admission fee is charged for entry to the cardroom
 2612  facility, gross receipts taxes imposed on cardroom operators by
 2613  this section, the annual cardroom license fees imposed by this
 2614  section on each table operated at a cardroom, and reasonable
 2615  promotional costs excluding officer and director compensation,
 2616  interest on capital debt, legal fees, real estate taxes, bad
 2617  debts, contributions or donations, or overhead and depreciation
 2618  expenses not directly related to the operation of the cardrooms.
 2619         (n)(l) “Rake” means a set fee or percentage of the pot
 2620  assessed by a cardroom operator for providing the services of a
 2621  dealer, table, or location for playing the authorized game.
 2622         (o)(m) “Tournament” means a series of games that have more
 2623  than one betting round involving one or more tables and where
 2624  the winners or others receive a prize or cash award.
 2625         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 2626  Wagering of the Department of Business and Professional
 2627  Regulation shall administer this section and regulate the
 2628  operation of cardrooms under this section and the rules adopted
 2629  pursuant thereto, and is hereby authorized to:
 2630         (g) Establish a reasonable period to respond to requests
 2631  from a licensed cardroom; provided however, the division has a
 2632  maximum of 45 days to approve:
 2633         1. A cardroom’s internal controls or provide the cardroom
 2634  with a list of deficiencies as to the internal controls.
 2635         2. Rules for a new authorized game submitted by a licensed
 2636  cardroom or provide the cardroom with a list of deficiencies as
 2637  to those rules.
 2638  
 2639  No later than 10 days after the submission of revised internal
 2640  controls or revised rules addressing the deficiencies identified
 2641  by the division, the division must review and approve or reject
 2642  the revised internal controls or revised rules.
 2643         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2644  operate a cardroom in this state unless such person holds a
 2645  valid cardroom license issued pursuant to this section.
 2646         (b) After the initial cardroom license is granted, the
 2647  application for the annual license renewal shall be made in
 2648  conjunction with the applicant’s annual application for its
 2649  pari-mutuel license. If a permitholder has operated a cardroom
 2650  during any of the 3 previous fiscal years and fails to include a
 2651  renewal request for the operation of the cardroom in its annual
 2652  application for license renewal, the permitholder may amend its
 2653  annual application to include operation of the cardroom. In
 2654  order for a cardroom license to be renewed the applicant must
 2655  have requested, as part of its pari-mutuel annual license
 2656  application, to conduct at least 90 percent of the total number
 2657  of live performances conducted by such permitholder during
 2658  either the state fiscal year in which its initial cardroom
 2659  license was issued or the state fiscal year immediately prior
 2660  thereto if the permitholder ran at least a full schedule of live
 2661  racing or games in the prior year. If the application is for a
 2662  harness permitholder cardroom, the applicant must have requested
 2663  authorization to conduct a minimum of 140 live performances
 2664  during the state fiscal year immediately prior thereto. If more
 2665  than one permitholder is operating at a facility, each
 2666  permitholder must have applied for a license to conduct a full
 2667  schedule of live racing.
 2668         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2669         (a) A cardroom may be operated only at the location
 2670  specified on the cardroom license issued by the division, and
 2671  such location may only be the location at which the pari-mutuel
 2672  permitholder is authorized to conduct pari-mutuel wagering
 2673  activities pursuant to such permitholder’s valid pari-mutuel
 2674  permit or as otherwise authorized by law. Cardroom operations
 2675  may not be allowed beyond the hours provided in paragraph (b)
 2676  regardless of the number of cardroom licenses issued for
 2677  permitholders operating at the pari-mutuel facility.
 2678         (b) Any cardroom operator may operate a cardroom at the
 2679  pari-mutuel facility daily throughout the year, if the
 2680  permitholder meets the requirements under paragraph (5)(b). The
 2681  cardroom may be open a cumulative amount of 18 hours per day on
 2682  Monday through Friday and 24 hours per day on Saturday and
 2683  Sunday and on the holidays specified in s. 110.117(1).
 2684         (c) A cardroom operator must at all times employ and
 2685  provide a nonplaying live dealer at for each table on which
 2686  authorized card games which traditionally use a dealer are
 2687  conducted at the cardroom. Such dealers may not have a
 2688  participatory interest in any game other than the dealing of
 2689  cards and may not have an interest in the outcome of the game.
 2690  The providing of such dealers by a licensee does not constitute
 2691  the conducting of a banking game by the cardroom operator.
 2692         (8) METHOD OF WAGERS; LIMITATION.—
 2693         (a) No Wagering may not be conducted using money or other
 2694  negotiable currency. Games may only be played utilizing a
 2695  wagering system whereby all players’ money is first converted by
 2696  the house to tokens or chips that may which shall be used for
 2697  wagering only at that specific cardroom.
 2698         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 2699         (a)A cardroom operator may offer designated player games
 2700  consisting of players making wagers against the designated
 2701  player. However, not more than 50 percent of the total licensed
 2702  tables in a cardroom may offer designated player games. The
 2703  designated player must be licensed pursuant to paragraph (6)(b).
 2704  Employees of a designated player also must be licensed, and the
 2705  designated player shall pay, in addition to the business
 2706  occupational fee established pursuant to paragraph (6)(i), an
 2707  employee occupational license fee that may not exceed $500 per
 2708  employee for any 12-month period.
 2709         (b)A cardroom operator may not serve as a designated
 2710  player in any game. The cardroom operator may not have a
 2711  financial interest in a designated player in any game. A
 2712  cardroom operator may collect a rake in accordance with the rake
 2713  structure posted at the table.
 2714         (c)If there are multiple designated players at a table,
 2715  the dealer button shall be rotated in a clockwise rotation after
 2716  each hand.
 2717         (d)A cardroom operator may not allow a designated player
 2718  to pay an opposing player who holds a lower-ranked hand.
 2719         (e)A designated player may not be required by the rules of
 2720  a game or by the rules of a cardroom to cover more than 10 times
 2721  the maximum wager for players participating in any one game.
 2722         (f)The cardroom, or any cardroom licensee, may not
 2723  contract with, or receive compensation other than a posted table
 2724  rake from, any player to participate in any game to serve as a
 2725  designated player.
 2726         (13)(12) PROHIBITED ACTIVITIES.—
 2727         (a) A No person licensed to operate a cardroom may not
 2728  conduct any banking game or any game not specifically authorized
 2729  by this section.
 2730         (b) A No person who is younger than under 18 years of age
 2731  may not be permitted to hold a cardroom or employee license, or
 2732  to engage in any game conducted therein.
 2733         (c) With the exception of mechanical card shufflers, No
 2734  electronic or mechanical devices, except mechanical card
 2735  shufflers, may not be used to conduct any authorized game in a
 2736  cardroom.
 2737         (d) No Cards, game components, or game implements may not
 2738  be used in playing an authorized game unless they have such has
 2739  been furnished or provided to the players by the cardroom
 2740  operator.
 2741         (14)(13) TAXES AND OTHER PAYMENTS.—
 2742         (d)1. Each greyhound and jai alai permitholder that
 2743  operates a cardroom facility shall use at least 4 percent of
 2744  such permitholder’s cardroom monthly gross receipts to
 2745  supplement greyhound purses and awards or jai alai prize money,
 2746  respectively, during the permitholder’s next ensuing pari-mutuel
 2747  meet.
 2748         2.a. Any permitholder with a cardroom license and
 2749  conducting less than a full schedule of live racing or games, as
 2750  defined in s. 550.002(11), pursuant to s. 550.01215(1)(b), (c),
 2751  or (d), shall remit each month to each qualified thoroughbred
 2752  permitholder, by electronic funds transfer, an amount equal to 4
 2753  percent of its monthly cardroom gross receipts divided by the
 2754  total number of qualified thoroughbred permitholders for a
 2755  license year. Qualified thoroughbred permitholders shall use
 2756  such payments exclusively for purses and awards for live
 2757  thoroughbred horse races held at the qualified thoroughbred
 2758  permitholder’s racing facility. For the purposes of this
 2759  subparagraph, the term “qualified thoroughbred permitholder”
 2760  means a thoroughbred permitholder conducting, in the applicable
 2761  state fiscal year, no less than a full schedule of live racing
 2762  or games, as defined in s. 550.002(11), and no fewer live
 2763  thoroughbred horse racing performances than such permitholder
 2764  conducted in state fiscal year 2017-2018. The term does not
 2765  include a permitholder whose permit was issued pursuant to s.
 2766  550.3345 or a permitholder leasing at another thoroughbred
 2767  permitholder’s facility pursuant to s. 550.475.
 2768         b.The division shall notify each cardroom licensee
 2769  required to remit such payments, not later than 15 days after
 2770  issuing the cardroom license, of the qualified thoroughbred
 2771  permitholders to which such payments must be paid. Each
 2772  qualified thoroughbred permitholder shall provide each cardroom
 2773  licensee required to remit payments pursuant to this
 2774  subparagraph with written instructions for transmitting such
 2775  electronic payments. Such payments shall be remitted to each
 2776  qualified thoroughbred permitholder on the fifth day of each
 2777  calendar month and shall be based upon the preceding month’s
 2778  cardroom activities. If the fifth day of the calendar month
 2779  falls on a weekend, such payment shall be remitted on the first
 2780  Monday following the weekend.
 2781         c.A qualified thoroughbred permitholder receiving funds
 2782  under this subparagraph shall remit, within 10 days after
 2783  receipt, 10 percent of those funds to the Florida Thoroughbred
 2784  Breeders’ Association, Inc., for the payment of breeders’,
 2785  stallion, and special racing awards, subject to the fee
 2786  authorized in s. 550.2625(3).
 2787         3. Each thoroughbred and harness horse racing permitholder
 2788  that operates a cardroom facility shall use at least 50 percent
 2789  of such permitholder’s cardroom monthly net proceeds as follows:
 2790  47 percent to supplement purses and 3 percent to supplement
 2791  breeders’ awards during the permitholder’s next ensuing racing
 2792  meet.
 2793         3. No cardroom license or renewal thereof shall be issued
 2794  to an applicant holding a permit under chapter 550 to conduct
 2795  pari-mutuel wagering meets of quarter horse racing unless the
 2796  applicant has on file with the division a binding written
 2797  agreement between the applicant and the Florida Quarter Horse
 2798  Racing Association or the association representing a majority of
 2799  the horse owners and trainers at the applicant’s eligible
 2800  facility, governing the payment of purses on live quarter horse
 2801  races conducted at the licensee’s pari-mutuel facility. The
 2802  agreement governing purses may direct the payment of such purses
 2803  from revenues generated by any wagering or gaming the applicant
 2804  is authorized to conduct under Florida law. All purses shall be
 2805  subject to the terms of chapter 550.
 2806         (h) One-quarter of the moneys deposited into the Pari
 2807  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 2808  October 1 of each year, be distributed to the local government
 2809  that approved the cardroom under subsection (17) (16); however,
 2810  if two or more pari-mutuel racetracks are located within the
 2811  same incorporated municipality, the cardroom funds shall be
 2812  distributed to the municipality. If a pari-mutuel facility is
 2813  situated in such a manner that it is located in more than one
 2814  county, the site of the cardroom facility shall determine the
 2815  location for purposes of disbursement of tax revenues under this
 2816  paragraph. The division shall, by September 1 of each year,
 2817  determine: the amount of taxes deposited into the Pari-mutuel
 2818  Wagering Trust Fund pursuant to this section from each cardroom
 2819  licensee; the location by county of each cardroom; whether the
 2820  cardroom is located in the unincorporated area of the county or
 2821  within an incorporated municipality; and, the total amount to be
 2822  distributed to each eligible county and municipality.
 2823         Section 19. The Division of Law Revision and Information is
 2824  directed to replace the phrase “the effective date of this act”
 2825  wherever it appears in this act with the date this act becomes a
 2826  law.
 2827         Section 20. This act shall take effect upon becoming a law.
 2828  
 2829  ================= T I T L E  A M E N D M E N T ================
 2830  And the title is amended as follows:
 2831         Delete everything before the enacting clause
 2832  and insert:
 2833                        A bill to be entitled                      
 2834         An act relating to gaming; amending s. 285.710, F.S.;
 2835         authorizing and directing the Governor, in cooperation
 2836         with the Seminole Tribe of Florida, to execute a new
 2837         compact in the form provided; signifying the
 2838         Legislature’s approval and ratification of such
 2839         compact that does not materially alter from the
 2840         approved form; providing terms and conditions for the
 2841         gaming compact; defining terms; authorizing the Tribe
 2842         to operate covered games on its lands in accordance
 2843         with the compact and at specified facilities;
 2844         prohibiting specified games; providing requirements
 2845         for resolution of patron disputes involving gaming,
 2846         tort claims, and employee disputes; providing
 2847         requirements for regulation and enforcement of the
 2848         compact; requiring the state to conduct random
 2849         inspections of tribal facilities; authorizing the
 2850         state to conduct an independent audit; requiring the
 2851         Tribe and commission to comply with specified
 2852         licensing and hearing requirements; requiring the
 2853         Tribe to make specified revenue share payments to the
 2854         state, with reductions authorized under certain
 2855         circumstances; requiring the Tribe to pay an annual
 2856         oversight assessment and annual donation to the
 2857         Florida Council on Compulsive Gaming; specifying that
 2858         certain events do not trigger any remedy under the
 2859         compact or affect the exclusivity provisions of the
 2860         compact; providing for dispute resolution between the
 2861         Tribe and the state; providing construction; providing
 2862         requirements for notice under the compact; providing
 2863         an effective date and termination of the compact;
 2864         providing for execution of the compact; revising the
 2865         local government share distribution percentages;
 2866         amending s. 285.712, F.S.; requiring the Governor to
 2867         provide a copy of the executed compact to specified
 2868         parties and direct the Secretary of State to forward a
 2869         copy to the Secretary of the Interior; creating s.
 2870         546.13, F.S.; defining terms; exempting a fantasy
 2871         contest from certain regulations; amending s.
 2872         550.01215, F.S.; revising application requirements for
 2873         a pari-mutuel operating license; authorizing certain
 2874         greyhound racing permitholders to elect not to conduct
 2875         live racing if such election is made within a
 2876         specified period of time; providing that a greyhound
 2877         racing permitholder that has been issued a slot
 2878         machine license remains an eligible facility,
 2879         continues to be eligible for a slot machine license,
 2880         is exempt from certain provisions of ch. 551, F.S., is
 2881         eligible to be a guest track for certain purposes, and
 2882         remains eligible for a cardroom license; authorizing a
 2883         greyhound racing permitholder to receive an operating
 2884         license to conduct pari-mutuel wagering activities at
 2885         another permitholder’s greyhound racing facility;
 2886         authorizing certain thoroughbred horse racing
 2887         permitholders to elect not to conduct live racing if
 2888         such election is made within a specified period of
 2889         time; providing that a thoroughbred horse racing
 2890         permitholder that has been issued a slot machine
 2891         license remains an eligible facility, continues to be
 2892         eligible for a slot machine license, is exempt from
 2893         certain provisions of ch. 551, F.S., is eligible to be
 2894         a guest track for certain purposes, and remains
 2895         eligible for a cardroom license; requiring a
 2896         thoroughbred horse racing permitholder that makes such
 2897         election to comply with certain contracts and file a
 2898         certain irrevocable consent with the division;
 2899         authorizing such thoroughbred horse racing
 2900         permitholder to offset its contributions to certain
 2901         supplements and awards against certain payments;
 2902         providing applicability; authorizing certain jai alai
 2903         permitholders, harness horse racing permitholders, and
 2904         quarter horse racing permitholders to elect not to
 2905         conduct live racing or games if the election is made
 2906         by a specified date; specifying that such permitholder
 2907         may retain its permit and remains a pari-mutuel
 2908         facility; specifying that, if such permitholder has
 2909         been issued a slot machine license, the permitholder’s
 2910         facility remains an eligible facility, continues to be
 2911         eligible for a slot machine license, is exempt from
 2912         certain provisions of chs. 550 and 551, F.S., is
 2913         eligible to be a guest track, and if the permitholder
 2914         is a harness horse racing permitholder, a host track
 2915         for intertrack wagering and simulcasting, and remains
 2916         eligible for a cardroom license; authorizing a harness
 2917         horse racing permitholder to be a host track for
 2918         purposes of intertrack wagering and simulcasting;
 2919         authorizing the division to approve a change in racing
 2920         dates for a permitholder if the request for a change
 2921         is received before a specified date and under certain
 2922         circumstances; amending s. 550.054, F.S.; requiring
 2923         the Division of Pari-Mutuel Wagering to revoke a
 2924         permit to conduct pari-mutuel wagering for a
 2925         permitholder that fails to make specified payments or
 2926         obtain an operating license; prohibiting the issuance
 2927         of new permits; prohibiting the relocation of a pari
 2928         mutuel permit, cardroom, or slot machine facility;
 2929         providing an exception; deleting provisions related to
 2930         the conversion of permits; repealing s. 550.0745,
 2931         F.S., relating to conversion of a pari-mutuel permit
 2932         to a summer jai alai permit; amending ss. 550.09512
 2933         and 550.09515, F.S.; requiring the division to revoke
 2934         the permit of a harness horse or thoroughbred racing
 2935         permitholder, respectively, who does not pay tax on
 2936         handle for a specified period of time; deleting
 2937         provisions relating to the reissuance of escheated
 2938         permits; amending s. 550.2415, F.S.; providing that a
 2939         positive test result for anabolic steroids in certain
 2940         samples taken from a greyhound violates the
 2941         prohibition on the racing of animals that are
 2942         impermissibly medicated or determined to have a
 2943         prohibited substance present; amending s. 550.3345,
 2944         F.S.; revising provisions relating to a limited
 2945         thoroughbred racing permit previously converted from a
 2946         quarter horse racing permit; amending s. 550.5251,
 2947         F.S.; deleting provisions relating to thoroughbred
 2948         racing performances; amending s. 550.6308, F.S.;
 2949         revising the number of days of thoroughbred horse
 2950         sales required for an applicant to obtain a limited
 2951         intertrack wagering license; revising eligibility
 2952         requirements for such licenses; revising requirements
 2953         for such wagering; deleting provisions requiring a
 2954         licensee to make certain payments to the daily pari
 2955         mutuel pool; amending s. 551.102, F.S.; revising
 2956         definitions; amending s. 551.104, F.S.; revising
 2957         conditions of licensure and conditions for maintaining
 2958         authority to conduct slot machine gaming; requiring
 2959         certain permitholders to remit certain revenues to
 2960         qualified thoroughbred permitholders; requiring
 2961         qualified thoroughbred permitholders to use such
 2962         payments for certain purposes; defining the term
 2963         “qualified thoroughbred permitholder”; providing a
 2964         process for remitting such payments; requiring
 2965         qualified thoroughbred permitholders receiving such
 2966         funds to remit a specified percentage of the funds to
 2967         a specified association; authorizing certain licensees
 2968         to offset certain amounts paid in specified calendar
 2969         years; prohibiting the offset amount from exceeding a
 2970         specified amount in certain years; amending s.
 2971         551.106, F.S.; deleting obsolete provisions; revising
 2972         the tax rate on slot machine revenue effective on
 2973         specified dates; providing a formula to calculate a
 2974         surcharge amount; prohibiting the surcharge from
 2975         exceeding a certain amount; revising where slot
 2976         machine revenue tax payments must be deposited;
 2977         requiring that certain funds be used for specific
 2978         purposes; requiring certain permitholders and
 2979         licensees to pay a slot machine guarantee fee if
 2980         certain taxes and fees paid to the state during
 2981         certain periods fall below a specified amount;
 2982         amending s. 551.114, F.S.; revising the maximum number
 2983         of slot machines slot machine licensees may make
 2984         available for play; revising the areas where a
 2985         designated slot machine gaming area may be located;
 2986         amending s. 551.116, F.S.; deleting a restriction on
 2987         the number of hours per day that slot machine gaming
 2988         areas may be open; amending s. 849.086, F.S.; revising
 2989         legislative intent; revising definitions; authorizing
 2990         the division to establish a reasonable period to
 2991         respond to certain requests from a licensed cardroom;
 2992         providing that the division must approve certain
 2993         requests within 45 days; requiring the division to
 2994         review and approve or reject certain revised internal
 2995         controls or revised rules within 10 days after
 2996         submission; deleting provisions relating to the
 2997         renewal of a cardroom license; deleting provisions
 2998         relating to restrictions on hours of operation; making
 2999         technical changes; authorizing certain cardroom
 3000         operators to offer a certain number of certain
 3001         designated player games; requiring the designated
 3002         player and employees of the designated player to be
 3003         licensed; requiring the designated player to pay
 3004         certain fees; prohibiting a cardroom operator from
 3005         serving as the designated player in a game and from
 3006         having a financial interest in a designated player;
 3007         authorizing a cardroom operator to collect a rake,
 3008         subject to certain requirements; requiring the dealer
 3009         button to be rotated under certain circumstances;
 3010         prohibiting a cardroom operator from allowing a
 3011         designated player to pay an opposing player under
 3012         certain circumstances; prohibiting the rules of the
 3013         game or of the cardroom to require a designated player
 3014         to cover more than 10 times the maximum wager for
 3015         players participating in any one game; prohibiting a
 3016         cardroom or cardroom licensee from contracting with or
 3017         receiving certain compensation from a player to allow
 3018         that player to participate in any game as a designated
 3019         player; requiring certain permitholders with a
 3020         cardroom license to remit a certain amount of its
 3021         monthly gross receipts to qualified thoroughbred
 3022         permitholders; requiring qualified thoroughbred
 3023         holders to use such payments for certain purposes;
 3024         defining the term “qualified thoroughbred
 3025         permitholder”; providing a process for remitting such
 3026         payments; requiring qualified thoroughbred
 3027         permitholders receiving such funds to remit a
 3028         specified percentage of the funds to a specified
 3029         association; deleting a provision relating to the
 3030         renewal or issuance of a cardroom license to a quarter
 3031         horse racing permitholder; conforming a cross
 3032         reference; providing a directive to the Division of
 3033         Law Revision and Information; providing an effective
 3034         date.