Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 840
       
       
       
       
       
       
                                Ì150524}Î150524                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/12/2018           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Finance and Tax (Hutson)
       recommended 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) and subsection
    6  (3) of section 285.710, Florida Statutes, are amended to read:
    7         285.710 Compact authorization.—
    8         (1) As used in this section, the term:
    9         (a) “Compact” means the Gaming Compact between the Seminole
   10  Tribe of Florida and the State of Florida, executed on April 7,
   11  2010.
   12         (3)(a) The Gaming Compact between the Seminole Tribe of
   13  Florida and the State of Florida, executed by the Governor and
   14  the Tribe on April 7, 2010, was is ratified and approved by
   15  chapter 2010-29, Laws of Florida. The Governor shall cooperate
   16  with the Tribe in seeking approval of the compact from the
   17  United States Secretary of the Interior.
   18         (b)The Governor, on behalf of this state, is hereby
   19  authorized and directed to execute a new compact with the Tribe
   20  as set forth in paragraph (c), and the Legislature hereby
   21  signifies in advance its approval and ratification of such
   22  compact, provided that it is identical to the compact set forth
   23  in paragraph (c) and becomes effective on or before January 1,
   24  2019. The Governor shall cooperate with the Tribe in seeking
   25  approval of such compact ratified and approved under this
   26  paragraph from the Secretary of the Department of the Interior.
   27  Upon becoming effective, such compact supersedes the Gaming
   28  Compact ratified and approved under paragraph (a), which shall
   29  then become null and void.
   30         (c)The Legislature hereby approves and ratifies the
   31  following Gaming Compact between the State of Florida and the
   32  Seminole Tribe of Florida, provided that such compact becomes
   33  effective on or before January 1, 2019:
   34  
   35        Gaming Compact Between the Seminole Tribe of Florida       
   36                      and the State of Florida                     
   37  
   38         This compact is made and entered into by and between the
   39  Seminole Tribe of Florida and the State of Florida, with respect
   40  to the operation of covered games, as defined herein, on the
   41  Tribe’s Indian lands, as defined by the Indian Gaming Regulatory
   42  Act, 25 U.S.C. ss. 2701 et seq.
   43  
   44                               PART I                              
   45  
   46         TITLE.—This document shall be referred to as the “Gaming
   47  Compact between the Seminole Tribe of Florida and the State of
   48  Florida.”
   49  
   50                               PART II                             
   51  
   52         LEGISLATIVE FINDINGS.—
   53         (1)The Seminole Tribe of Florida is a federally recognized
   54  tribal government that possesses sovereign powers and rights of
   55  self-government.
   56         (2)The State of Florida is a state of the United States of
   57  America that possesses the sovereign powers and rights of a
   58  state.
   59         (3)The State of Florida and the Seminole Tribe of Florida
   60  maintain a government-to-government relationship.
   61         (4)The United States Supreme Court has long recognized the
   62  right of an Indian Tribe to regulate activity on lands within
   63  its jurisdiction, but the United States Congress, through the
   64  Indian Gaming Regulatory Act, has given states a role in the
   65  conduct of tribal gaming in accordance with negotiated tribal
   66  state compacts.
   67         (5)Pursuant to the Seminole Tribe Amended Gaming
   68  Ordinance, adopted by Resolution No. C-195-06, and approved by
   69  the Chairman of the National Indian Gaming Commission on July
   70  10, 2006, hereafter referred to as the “Seminole Tribal Gaming
   71  Code,” the Seminole Tribe of Florida desires to offer the play
   72  of covered games, as defined in Part III, as a means of
   73  generating revenues for purposes authorized by the Indian Gaming
   74  Regulatory Act, including, without limitation, the support of
   75  tribal governmental programs, such as health care, housing,
   76  sewer and water projects, police, fire suppression, general
   77  assistance for tribal elders, day care for children, economic
   78  development, educational opportunities, per capita payments to
   79  tribal members, and other typical and valuable governmental
   80  services and programs for tribal members.
   81         (6)This compact is the only gaming compact between the
   82  Tribe and the state. This compact supersedes the Gaming Compact
   83  between the Tribe and the state executed on or about April 7,
   84  2010, which was subsequently ratified by the Legislature and
   85  went into effect on or about July 6, 2010.
   86         (7)It is in the best interests of the Seminole Tribe of
   87  Florida and the State of Florida for the state to enter into a
   88  compact with the Tribe that recognizes the Tribe’s right to
   89  offer certain Class III gaming and provides substantial
   90  exclusivity of such activities in conjunction with a reasonable
   91  revenue sharing arrangement between the Tribe and the state that
   92  will entitle the state to significant revenue participation.
   93  
   94                              PART III                             
   95  
   96         DEFINITIONS.—As used in this compact, the term:
   97         (1)“Annual oversight assessment” means the amount owed by
   98  the Tribe to the state for reimbursement for the actual and
   99  reasonable costs incurred by the state compliance agency to
  100  perform the monitoring functions set forth under the compact.
  101         (2)“Class II video bingo terminals” means any electronic
  102  aid to a Class II bingo game that includes a video spinning reel
  103  or mechanical spinning reel display.
  104         (3)“Class III gaming” means the forms of Class III gaming
  105  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
  106  National Indian Gaming Commission, as of January 1, 2018.
  107         (4)“Commission” means the Seminole Tribal Gaming
  108  Commission, which is the tribal governmental agency that has the
  109  authority to carry out the Tribe’s regulatory and oversight
  110  responsibilities under this compact.
  111         (5)“Compact” means this Gaming Compact between the
  112  Seminole Tribe of Florida and the State of Florida.
  113         (6)“Covered game” or “covered gaming activity” means the
  114  following Class III gaming activities:
  115         (a)Slot machines, which may use spinning reels, video
  116  displays, or both, and which machines must meet all of the
  117  following requirements:
  118         1.Any mechanical or electrical contrivance, terminal that
  119  may or may not be capable of downloading slot games from a
  120  central server system, machine, or other device.
  121         2.Require, for play or operation, the insertion of a coin,
  122  bill, ticket, token, or similar object, or payment of any
  123  consideration whatsoever, including the use of any electronic
  124  payment system, except a credit card or debit card, unless state
  125  law authorizes the use of an electronic payment system that uses
  126  a credit or debit card payment, in which case the Tribe is
  127  authorized to use such payment system.
  128         3.Are available to play or operate, the play or operation
  129  of which, whether by reason of skill or application of the
  130  element of chance or both, may deliver or entitle the person or
  131  persons playing or operating the contrivance, terminal, machine,
  132  or other device to receive cash, billets, tickets, tokens, or
  133  electronic credits to be exchanged for cash or to receive
  134  merchandise or anything of value whatsoever, whether the payoff
  135  is made automatically from the machine or manually.
  136         4.Include associated equipment necessary to conduct the
  137  operation of the contrivance, terminal, machine, or other
  138  device.
  139         (b)Banking or banked card games, such as baccarat, chemin
  140  de fer, and blackjack or 21.
  141         (c)Raffles and drawings.
  142         (d)Live table games.
  143         (e) Any new game, if expressly authorized by the
  144  Legislature pursuant to legislation enacted subsequent to the
  145  effective date of this compact and lawfully conducted by any
  146  person for any purpose pursuant to such authorization.
  147         (7)“Covered game employee” or “covered employee” means an
  148  individual employed and licensed by the Tribe whose
  149  responsibilities include the rendering of services with respect
  150  to the operation, maintenance, or management of covered games,
  151  including, but not limited to, managers and assistant managers;
  152  accounting personnel; commission officers; surveillance and
  153  security personnel; cashiers, supervisors, and floor personnel;
  154  cage personnel; and any other employee whose employment duties
  155  require or authorize access to areas of the facility related to
  156  the conduct of covered games or the technical support or storage
  157  of covered game components. The term does not include the
  158  Tribe’s elected officials, provided that such individuals are
  159  not directly involved in the operation, maintenance, or
  160  management of covered games or covered games components.
  161         (8)“Documents” means books, records, electronic, magnetic,
  162  and computer media documents, and other writings and materials,
  163  copies of such documents and writings, and information contained
  164  in such documents and writings.
  165         (9)“Effective date” means the date on which the compact
  166  becomes effective pursuant to subsection (1) of Part XVI.
  167         (10)“Electronic bingo machine” means a card minding
  168  device, which may only be used in connection with a bingo game
  169  as defined in s. 849.0931(1)(a), Florida Statutes, which is
  170  certified in advance by an independent testing laboratory
  171  approved by the Division of Pari-Mutuel Wagering as a bingo aid
  172  device that meets all of the following requirements:
  173         (a)Aids a bingo game player by:
  174         1.Storing in the memory of the device not more than three
  175  bingo faces of tangible bingo cards as defined by s.
  176  849.0931(1)(b), Florida Statutes, purchased by a player.
  177         2.Comparing the numbers drawn and individually entered
  178  into the device by the player to the bingo faces previously
  179  stored in the memory of the device.
  180         3.Identifying preannounced winning bingo patterns marked
  181  or covered on the stored bingo faces.
  182         (b)Is not capable of accepting or dispensing any coins,
  183  currency, or tokens.
  184         (c)Is not capable of monitoring any bingo card face other
  185  than the faces of the tangible bingo card or cards purchased by
  186  the player for that game.
  187         (d)Is not capable of displaying or representing the game
  188  result through any means other than highlighting the winning
  189  numbers marked or covered on the bingo card face or giving an
  190  audio alert that the player’s card has a prize-winning pattern.
  191  No casino game graphics, themes, or titles, including, but not
  192  limited to, depictions of slot machine-style symbols, cards,
  193  craps, roulette, or lottery may be used.
  194         (e)Is not capable of determining the outcome of any game.
  195         (f)Does not award progressive prizes of more than $2,500.
  196         (g)Does not award prizes exceeding $1,000, other than
  197  progressive prizes not exceeding $2,500.
  198         (h)Does not contain more than one player position for
  199  playing bingo.
  200         (i)Does not contain or does not link to more than one
  201  video display.
  202         (j)Awards prizes based solely on the results of the bingo
  203  game, with no additional element of chance.
  204         (11)“Facility” means a building or buildings of the Tribe
  205  in which the covered games authorized by this compact are
  206  conducted.
  207         (12)“Guaranteed minimum compact term payment” means a
  208  minimum total payment for the guarantee payment period of $3
  209  billion, which shall include all revenue share payments during
  210  the guarantee payment period.
  211         (13) “Guarantee payment period” means the seven-year period
  212  beginning July 1, 2018, and ending June 30, 2025.
  213         (14)“Guaranteed revenue sharing cycle payment” means the
  214  payments as provided in Part XI.
  215         (15)“Historic racing machine” means an individual historic
  216  race terminal linked to a central server as part of a network
  217  based video game, where the terminals allow pari-mutuel wagering
  218  by players on the results of previously conducted horse or
  219  greyhound races, but only if the game is certified in advance by
  220  an independent testing laboratory approved by the Division of
  221  Pari-Mutuel Wagering as complying with all of the following
  222  requirements:
  223         (a)Stores all data on previously conducted horse or
  224  greyhound races in a secure format on the central server, which
  225  is located at the pari-mutuel facility.
  226         (b)Uses only horse or greyhound races that were recorded
  227  at licensed pari-mutuel facilities in the United States after
  228  January 1, 2000.
  229         (c)Offers one or more of the following three bet types on
  230  all historic racing machines: win-place-show, quinella, or tri
  231  fecta.
  232         (d)Offers one or more of the following racing types:
  233  thoroughbreds, harness, or greyhounds.
  234         (e)Does not award progressive prizes of more than $2,500.
  235         (f)Does not award prizes exceeding $1,000, other than
  236  progressive prizes not exceeding $2,500.
  237         (g)After each wager is placed, displays a video of at
  238  least the final eight seconds of the horse or greyhound race
  239  before any prize is awarded or indicated on the historic racing
  240  machine.
  241         (h)The display of the video of the horse or greyhound race
  242  occupies at least 70 percent of the historic racing machine’s
  243  video screen and does not contain and is not linked to more than
  244  one video display.
  245         (i)Does not use casino game graphics, themes, or titles,
  246  including but not limited to, depictions of slot machine-style
  247  symbols, cards, craps, roulette, lottery, or bingo.
  248         (j)Does not use video or mechanical reel displays.
  249         (k)Does not contain more than one player position for
  250  placing wagers.
  251         (l)Does not dispense coins, currency, or tokens.
  252         (m)Awards prizes solely on the results of a previously
  253  conducted horse or greyhound race with no additional element of
  254  chance.
  255         (n)Uses a random number generator to select the race from
  256  the central server to be displayed to the player and the numbers
  257  or other designations of race entrants that will be used in the
  258  various bet types for any “Quick Pick” bets. To prevent an
  259  astute player from recognizing the race based on the entrants
  260  and thus knowing the results before placing a wager, the
  261  entrants of the race may not be identified until after all
  262  wagers for that race have been placed.
  263         (16)“Indian Gaming Regulatory Act” means the Indian Gaming
  264  Regulatory Act, Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467,
  265  codified at 25 U.S.C. ss. 2701 et seq. and 18 U.S.C. ss. 1166 to
  266  1168.
  267         (17)“Indian lands” means the lands defined in 25 U.S.C. s.
  268  2703(4).
  269         (18)“Initial payment period” means the period beginning on
  270  the effective date of the compact and ending on June 30, 2018.
  271         (19) “Live table games” means dice games, such as craps,
  272  sic-bo and any similar variations thereof, and wheel games, such
  273  as roulette, big six, and any similar variations thereof, but
  274  not including any game that is authorized as a slot machine,
  275  banking or banked card game, raffle, or drawing.
  276         (20) “Lottery vending machine” means any of the following
  277  four types of machines:
  278         (a)A machine that dispenses pre-printed paper instant
  279  lottery tickets, but that does not read or reveal the results of
  280  the ticket or allow a player to redeem any ticket. The machine,
  281  or any machine or device linked to the machine, does not include
  282  or make use of video reels or mechanical reels or other video
  283  depictions of slot machine or casino game themes or titles for
  284  game play, but does not preclude the use of casino game themes
  285  or titles on such tickets or signage or advertising displays on
  286  the machines.
  287         (b)A machine that dispenses pre-determined electronic
  288  instant lottery tickets and displays an image of the ticket on a
  289  video screen on the machine, where the player touches the image
  290  of the ticket on the video screen to reveal the outcome of the
  291  ticket, provided the machine does not permit a player to redeem
  292  winnings, does not make use of video reels or mechanical reels,
  293  and does not simulate the play of any casino game, and the
  294  lottery retailer is paid the same amount as would be paid for
  295  the sale of paper instant lottery tickets.
  296         (c)A machine that dispenses a paper lottery ticket with
  297  numbers selected by the player or randomly by the machine, but
  298  does not reveal the winning numbers. Such winning numbers are
  299  selected at a subsequent time and different location through a
  300  drawing conducted by the state lottery. The machine, or any
  301  machine or device linked to the machine, does not include or
  302  make use of video reels or mechanical reels or other video
  303  depictions of slot machine or casino game themes or titles for
  304  game play. The machine is not used to redeem a winning ticket.
  305  This does not preclude the use of casino game themes, titles for
  306  signage, or advertising displays on the machine.
  307         (21)“Monthly payment” means the monthly revenue share
  308  payment which the Tribe remits to the state on the 15th day of
  309  the month following each month of the revenue sharing cycle.
  310         (22)“Net revenue base” means the net win for the 12 month
  311  period immediately preceding the offering of, for public or
  312  private use, Class III or other casino-style gaming at any of
  313  the licensed pari-mutuel facilities in Broward and Miami-Dade
  314  Counties, except that if the commencement of such new gaming is
  315  made during the initial payment period, “net revenue base” means
  316  net win for the 12-month period immediately preceding this
  317  compact.
  318         (23)“Net win” means the total receipts from the play of
  319  all covered games less all prize payouts and free play or
  320  promotional credits issued by the Tribe.
  321         (24)“Pari-mutuel wagering activities” means those
  322  activities authorized on January 1, 2018, by chapter 550, which
  323  do not include any casino-style game or device that include
  324  video reels or mechanical reels or other slot machine or casino
  325  game themes or titles.
  326         (25)“Patron” means any person who is on the premises of a
  327  facility, or who enters the Tribe’s Indian lands for the purpose
  328  of playing covered games authorized by this compact.
  329         (26)“Regular payment period” means the period beginning on
  330  July 1, 2025, and terminating at the end of the term of this
  331  compact.
  332         (27)“Revenue share payment” means the periodic payment by
  333  the Tribe to the state provided for in Part XI.
  334         (28)“Revenue sharing cycle” means the annual 12-month
  335  period of the Tribe’s operation of covered games in its
  336  facilities beginning on July 1 of each fiscal year, except for
  337  during the initial payment period, when the first revenue
  338  sharing cycle begins on July 1 of the previous year, and the
  339  Tribe receives a credit for any amount paid to the state under
  340  the 2010 Compact for that revenue sharing cycle.
  341         (29)“Rules and regulations” means the rules and
  342  regulations promulgated by the commission for implementation of
  343  this compact.
  344         (30)“State” means the State of Florida.
  345         (31)“State compliance agency” means the state agency
  346  designated by the Florida Legislature that has the authority to
  347  carry out the state’s oversight responsibilities under this
  348  compact.
  349         (32)“Tribe” means the Seminole Tribe of Florida or any
  350  affiliate thereof conducting activities pursuant to this compact
  351  under the authority of the Seminole Tribe of Florida.
  352  
  353                               PART IV                             
  354  
  355         AUTHORIZATION AND LOCATION OF COVERED GAMES.—
  356         (1)The Tribe and state agree that the Tribe is authorized
  357  to operate covered games on its Indian lands, as defined in the
  358  Indian Gaming Regulatory Act, in accordance with the provisions
  359  of this compact. Nothing in the compact is intended to prohibit
  360  the Tribe from operating slot machines that employ video or
  361  mechanical displays of roulette, wheels, or other table game
  362  themes. Except for the provisions in subsection (1) of Part XI,
  363  nothing in this compact shall limit the Tribe’s right to operate
  364  any Class II gaming under the Indian Gaming Regulatory Act.
  365         (2)The Tribe is authorized to conduct covered games under
  366  this compact only at the following seven existing facilities,
  367  which may be expanded or replaced as provided in subsection (3)
  368  on Indian lands:
  369         (a)Seminole Indian Casino-Brighton in Okeechobee, FL.
  370         (b)Seminole Indian Casino-Coconut Creek in Coconut Creek,
  371  FL.
  372         (c)Seminole Indian Casino-Hollywood in Hollywood, FL.
  373         (d)Seminole Indian Casino-Immokalee in Immokalee, FL.
  374         (e)Seminole Indian Casino-Big Cypress in Clewiston, FL.
  375         (f)Seminole Hard Rock Hotel & Casino-Hollywood in
  376  Hollywood, FL.
  377         (g)Seminole Hard Rock Hotel & Casino-Tampa in Tampa, FL.
  378         (3)Any of the facilities existing on Indian lands
  379  identified in subsection (2) may be expanded or replaced by
  380  another facility on the same Indian lands with at least 60 days’
  381  advance notice to the state.
  382  
  383                               PART V                              
  384  
  385         RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
  386  OPERATIONS.—
  387         (1)At all times during the term of this compact, the Tribe
  388  shall be responsible for all duties that are assigned to it and
  389  the commission under this compact. The Tribe shall promulgate
  390  any rules necessary to implement this compact, which, at a
  391  minimum, shall expressly include or incorporate by reference all
  392  provisions of Parts V, VI, VII, and VIII. Nothing in this
  393  compact shall be construed to affect the Tribe’s right to amend
  394  its rules, provided that any such amendment is in conformity
  395  with this compact. The state compliance agency may propose
  396  additional rules consistent with and related to the
  397  implementation of this compact to the commission at any time,
  398  and the commission shall give good faith consideration to such
  399  proposed rules and shall notify the state compliance agency of
  400  its response or action with respect to such rules.
  401         (2)All facilities shall comply with, and all covered games
  402  approved under this compact shall be operated in accordance
  403  with, the requirements set forth in this compact, including, but
  404  not limited to, the requirements set forth in subsections (3)
  405  and (4) and the Tribe’s Internal Control Policies and
  406  Procedures. In addition, all facilities and all covered games
  407  shall be operated in strict compliance with tribal internal
  408  control standards that provide a level of control that equals or
  409  exceeds those set forth in the National Indian Gaming
  410  Commission’s Minimum Internal Control Standards, 25 C.F.R. part
  411  542 (2015), even if the 2015 regulations are determined to be
  412  invalid or are subsequently withdrawn by the National Indian
  413  Gaming Commission. The Tribe may amend or supplement its
  414  internal control standards from time to time, provided that such
  415  changes continue to provide a level of control that equals or
  416  exceeds those set forth in 25 C.F.R. part 542 (2015).
  417         (3)The Tribe and the commission shall retain all documents
  418  in compliance with the requirements set forth in the Tribe’s
  419  Record Retention Policies and Procedures.
  420         (4)The Tribe shall continue and maintain its program to
  421  combat problem gambling and curtail compulsive gambling and work
  422  with the Florida Council on Compulsive Gambling or other
  423  organizations dedicated to assisting problem gamblers. The Tribe
  424  shall continue to maintain the following safeguards against
  425  problem gambling:
  426         (a)The Tribe shall provide to every new gaming employee a
  427  comprehensive training and education program designed in
  428  cooperation with the Florida Council on Compulsive Gambling or
  429  other organization dedicated to assisting problem gamblers.
  430         (b)The Tribe shall make printed materials available to
  431  patrons, which include contact information for the Florida
  432  Council on Compulsive Gambling 24-hour helpline or other hotline
  433  dedicated to assisting problem gamblers, and will work with the
  434  Florida Council on Compulsive Gambling or other organization
  435  dedicated to assisting problem gamblers to provide contact
  436  information for the Florida Council on Compulsive Gambling or
  437  other organization dedicated to assisting problem gamblers, and
  438  to provide such information on the facility’s website. The Tribe
  439  shall continue to display within the facilities all literature
  440  from the Florida Council on Compulsive Gambling or other
  441  organization dedicated to assisting problem gamblers.
  442         (c)1.The commission shall establish a list of patrons
  443  voluntarily excluded from the Tribe’s facilities, pursuant to
  444  subparagraph 3.
  445         2.The Tribe shall employ its best efforts to exclude
  446  patrons on such list from entry into its facilities; provided
  447  that nothing in this compact shall create for patrons who are
  448  excluded but gain access to the facilities, or any other person,
  449  a cause of action or claim against the state, the Tribe or the
  450  commission, or any other person, entity, or agency for failing
  451  to enforce such exclusion.
  452         3.Patrons who believe they may be compulsively playing
  453  covered games may request that their names be placed on the list
  454  of patrons voluntarily excluded from the Tribe’s facilities.
  455         (d)All covered game employees shall receive training on
  456  identifying compulsive gamblers and shall be instructed to ask
  457  such persons to leave. The facility shall make available signs
  458  bearing a toll-free help-line number and educational and
  459  informational materials at conspicuous locations and automated
  460  teller machines in each facility, which materials aim at the
  461  prevention of problem gaming and which specify where patrons may
  462  receive counseling or assistance for gambling problems. All
  463  covered games employees shall also be screened by the Tribe for
  464  compulsive gambling habits. Nothing in this subsection shall
  465  create for patrons, or any other person, a cause of action or
  466  claim against the state, the Tribe or the commission, or any
  467  other person, entity, or agency for failing to identify a patron
  468  or person who is a compulsive gambler or ask that person to
  469  leave.
  470         (e)The Tribe shall follow the rules for exclusion of
  471  patrons set forth in the Seminole Tribal Gaming Code.
  472         (f)The Tribe shall make diligent efforts to prevent
  473  underage individuals from loitering in the area of each facility
  474  where the covered games take place.
  475         (g)The Tribe shall ensure that any advertising and
  476  marketing of covered games at the facilities contains a
  477  responsible gambling message and a toll-free help-line number
  478  for problem gamblers, where practical, and that such advertising
  479  and marketing make no false or misleading claims.
  480         (5)The state may secure an annual independent audit of the
  481  conduct of covered games subject to this compact, as set forth
  482  in Part VIII.
  483         (6)The facility shall visibly display summaries of the
  484  rules for playing covered games and promotional contests and
  485  shall make available complete sets of rules upon request. The
  486  Tribe shall provide copies of all such rules to the state
  487  compliance agency within 30 calendar days after issuance or
  488  amendment.
  489         (7)The Tribe shall provide the commission and state
  490  compliance agency with a chart of the supervisory lines of
  491  authority with respect to those directly responsible for the
  492  conduct of covered games, and shall promptly notify those
  493  agencies of any material changes to the chart.
  494         (8)The Tribe shall continue to maintain proactive
  495  approaches to prevent improper alcohol sales, drunk driving,
  496  underage drinking, and underage gambling. These approaches shall
  497  involve intensive staff training, screening and certification,
  498  patron education, and the use of security personnel and
  499  surveillance equipment in order to enhance patrons’ enjoyment of
  500  the facilities and provide for patron safety.
  501         (a)Staff training includes specialized employee training
  502  in nonviolent crisis intervention, driver license verification,
  503  and detection of intoxication.
  504         (b)Patron education shall be carried out through notices
  505  transmitted on valet parking stubs, posted signs in the
  506  facilities, and in brochures.
  507         (c)Roving and fixed security officers, along with
  508  surveillance cameras, shall assist in the detection of
  509  intoxicated patrons, investigate problems, and engage with
  510  patrons to deescalate volatile situations.
  511         (d)To help prevent alcohol-related crashes, the Tribe will
  512  continue to operate the “Safe Ride Home Program,” a free taxi
  513  service.
  514         (e)The Tribe shall maintain these programs and policies in
  515  its Alcohol Beverage Control Act for the duration of the compact
  516  but may replace such programs and policies with stricter or more
  517  extensive programs and policies. The Tribe shall provide the
  518  state with written notice of any changes to the Tribe’s Alcohol
  519  Beverage Control Act, which notice shall include a copy of such
  520  changes and shall be sent on or before the effective date of the
  521  change. Nothing in this subsection shall create for patrons, or
  522  any other person, a cause of action or claim against the state,
  523  the Tribe or the commission, or any other person, entity, or
  524  agency for failing to fulfill the requirements of this
  525  subsection.
  526         (9)A person under 21 years of age may not play covered
  527  games, unless otherwise permitted by state law.
  528         (10)The Tribe may establish and operate facilities that
  529  operate covered games only on its Indian lands as defined by the
  530  Indian Gaming Regulatory Act and as specified in Part IV.
  531         (11)The commission shall keep a record of, and shall
  532  report at least quarterly to the state compliance agency, the
  533  number of covered games in each facility, by the name or type of
  534  each game and its identifying number.
  535         (12)The Tribe and the commission shall make available, to
  536  any member of the public upon request, within 10 business days,
  537  a copy of the National Indian Gaming Commission’s Minimum
  538  Internal Control Standards, 25 C.F.R. part 542 (2015), the
  539  Seminole Tribal Gaming Code, this compact, the rules of each
  540  covered game operated by the Tribe, and the administrative
  541  procedures for addressing patron tort claims under Part VI.
  542  
  543                               PART VI                             
  544  
  545         PATRON DISPUTES, WORKERS’ COMPENSATION, TORT CLAIMS; PRIZE
  546  CLAIMS; LIMITED CONSENT TO SUIT.—
  547         (1)All patron disputes involving gaming shall be resolved
  548  in accordance with the procedures established in the Seminole
  549  Tribal Gaming Code.
  550         (2)Tort claims by employees of the Tribe’s facilities will
  551  be handled pursuant to the provisions of the Tribe’s Workers’
  552  Compensation Ordinance, which shall provide workers the same or
  553  better protections as provided in state workers’ compensation
  554  laws.
  555         (3)Disputes involving employees of the Tribe’s facilities
  556  will be handled pursuant to the provisions of the Tribe’s policy
  557  for gaming employees, as set forth in the Employee Fair
  558  Treatment and Dispute Resolution Policy.
  559         (4)A patron who claims to have been injured after the
  560  effective date of the compact at one of the Tribe’s facilities
  561  in which covered games are played is required to provide written
  562  notice to the Tribe’s Risk Management Department or the
  563  facility, in a reasonable and timely manner, but no longer than
  564  three years after the date of the incident giving rise to the
  565  claimed injury, or the claim shall be forever barred.
  566         (5)The Tribe shall have 30 days to respond to a claim made
  567  by a patron. If the Tribe fails to respond within 30 days, the
  568  patron may file suit against the Tribe. When the Tribe responds
  569  to an incident alleged to have caused a patron’s injury or
  570  illness, the Tribe shall provide a claim form to the patron. The
  571  form must include the address for the Tribe’s Risk Management
  572  Department and provide notice of the Tribe’s administrative
  573  procedures for addressing patron tort claims, including notice
  574  of the relevant deadlines that may bar such claims if the
  575  Tribe’s administrative procedures are not followed. It is the
  576  patron’s responsibility to complete the form and forward the
  577  form to the Tribe’s Risk Management Department within a
  578  reasonable period of time, and in a reasonable and timely
  579  manner. Nothing herein shall interfere with any claim a patron
  580  might have arising under the Federal Tort Claim Act.
  581         (6)Upon receiving written notification of the claim, the
  582  Tribe’s Risk Management Department shall forward the
  583  notification to the Tribe’s insurance carrier. The Tribe shall
  584  use its best efforts to ensure that the insurance carrier
  585  contacts the patron within a reasonable period of time after
  586  receipt of the claim.
  587         (7)The insurance carrier shall handle the claim to
  588  conclusion. If the patron, Tribe, and insurance carrier are not
  589  able to resolve the claim in good faith within one year after
  590  the patron provided written notice to the Tribe’s Risk
  591  Management Department or the facility, the patron may bring a
  592  tort claim against the Tribe in any court of competent
  593  jurisdiction in the county in which the incident alleged to have
  594  caused injury occurred, as provided in this compact, and subject
  595  to a four-year statute of limitations, which shall begin to run
  596  from the date of the incident of the injury alleged in the
  597  claim. A patron’s notice of injury to the Tribe pursuant to
  598  subsection (4) and the fulfillment of the good faith attempt at
  599  resolution pursuant to this part are conditions precedent to
  600  filing suit.
  601         (8)For tort claims of patrons made pursuant to subsection
  602  (4), the Tribe agrees to waive its tribal sovereign immunity to
  603  the same extent as the state waives its sovereign immunity, as
  604  specified in s. 768.28(1) and (5), Florida Statutes, as such
  605  provision may be amended from time to time by the Legislature.
  606  In no event shall the Tribe be deemed to have waived its tribal
  607  immunity from suit beyond the limits set forth in s. 768.28(5),
  608  Florida Statutes. These limitations are intended to include
  609  liability for compensatory damages, costs, pre-judgment
  610  interest, and attorney fees if otherwise allowable under state
  611  law arising out of any claim brought or asserted against the
  612  Tribe, its subordinate governmental and economic units, any
  613  Tribal officials, employees, servants, or agents in their
  614  official capacities and any entity which is owned, directly or
  615  indirectly, by the Tribe. All patron tort claims brought
  616  pursuant to this provision shall be brought solely against the
  617  Tribe, as the sole party in interest.
  618         (9)Notices explaining the procedures and time limitations
  619  with respect to making a tort claim shall be prominently
  620  displayed in the facilities, posted on the Tribe’s website, and
  621  provided to any patron for whom the Tribe has notice of the
  622  injury or property damage giving rise to the tort claim. Such
  623  notices shall explain:
  624         (a)The method and places for making a tort claim,
  625  including where the patron must submit the claim.
  626         (b)That the process is the exclusive method for asserting
  627  a tort claim arising under this section against the Tribe.
  628         (c)That the Tribe and its insurance carrier have one year
  629  from the date the patron gives notice of the claim to resolve
  630  the matter, and that after that time, the patron may file suit
  631  in a court of competent jurisdiction.
  632         (d)That the exhaustion of the process is a prerequisite to
  633  filing a claim in state court.
  634         (e)That claims that fail to follow this process shall be
  635  forever barred.
  636         (10)The Tribe shall maintain an insurance policy that
  637  shall:
  638         (a)Prohibit the insurer or the Tribe from invoking tribal
  639  sovereign immunity for claims up to the limits to which the
  640  state has waived sovereign immunity as set forth in s.
  641  768.28(5), Florida Statutes, or its successor statute.
  642         (b)Include covered claims made by a patron or invitee for
  643  personal injury or property damage.
  644         (c)Permit the insurer or the Tribe to assert any statutory
  645  or common law defense other than sovereign immunity.
  646         (d)Provide that any award or judgment rendered in favor of
  647  a patron or invitee shall be satisfied solely from insurance
  648  proceeds.
  649         (11)The Tribal Council of the Seminole Tribe of Florida
  650  may, in its discretion, consider claims for compensation in
  651  excess of the limits of the Tribe’s waiver of its sovereign
  652  immunity.
  653  
  654                              PART VII                             
  655  
  656         ENFORCEMENT OF COMPACT PROVISIONS.—
  657         (1)The Tribe, the commission, and the state compliance
  658  agency, to the extent authorized by this compact, shall be
  659  responsible for regulating activities pursuant to this compact.
  660  As part of its responsibilities, the Tribe shall adopt or issue
  661  standards designed to ensure that the facilities are
  662  constructed, operated, and maintained in a manner that
  663  adequately protects the environment and public health and
  664  safety. Additionally, the Tribe and the commission shall ensure
  665  that:
  666         (a)Operation of the conduct of covered games is in strict
  667  compliance with:
  668         1.The Seminole Tribal Gaming Code.
  669         2.All rules, regulations, procedures, specifications, and
  670  standards lawfully adopted by the National Indian Gaming
  671  Commission and the commission.
  672         3.The provisions of this compact, including, but not
  673  limited to, the Tribe’s standards and rules.
  674         (b)Reasonable measures are taken to:
  675         1.Ensure the physical safety of facility patrons,
  676  employees, and any other person while in the facility.
  677         2.Prevent illegal activity at the facilities or with
  678  regard to the operation of covered games, including, but not
  679  limited to, the maintenance of employee procedures and a
  680  surveillance system.
  681         3.Ensure prompt notification is given, in accordance with
  682  applicable law, to appropriate law enforcement authorities of
  683  persons who may be involved in illegal acts.
  684         4.Ensure that the construction and maintenance of the
  685  facilities complies with the standards of the Florida Building
  686  Code, the provisions of which the Tribe has adopted as the
  687  Seminole Tribal Building Code.
  688         5.Ensure adequate emergency access plans have been
  689  prepared to ensure the health and safety of all covered game
  690  patrons.
  691         (2)All licenses for members and employees of the
  692  commission shall be issued according to the same standards and
  693  terms applicable to facility employees. The commission’s
  694  officers shall be independent of the Tribal gaming operations,
  695  and shall be supervised by and accountable only to the
  696  commission. A commission officer shall be available to the
  697  facility during all hours of operation upon reasonable notice,
  698  and shall have immediate access to any and all areas of the
  699  facility for the purpose of ensuring compliance with the
  700  provisions of this compact. The commission shall investigate any
  701  suspected or reported violation of this part and shall
  702  officially enter into its files timely written reports of
  703  investigations and any action taken thereon, and shall forward
  704  copies of such investigative reports to the state compliance
  705  agency within 30 calendar days after such filing. The scope of
  706  such reporting shall be determined by the commission and the
  707  state compliance agency as soon as practicable after the
  708  effective date of this compact. Any such violations shall be
  709  reported immediately to the commission, and the commission shall
  710  immediately forward such reports to the state compliance agency.
  711  In addition, the commission shall promptly report to the state
  712  compliance agency any such violations which it independently
  713  discovers.
  714         (3)In order to develop and foster a positive and effective
  715  relationship in the enforcement of the provisions of this
  716  compact, representatives of the commission and the state
  717  compliance agency shall meet at least annually to review past
  718  practices and examine methods to improve the regulatory scheme
  719  created by this compact. The meetings shall take place at a
  720  location mutually agreed upon by the commission and the state
  721  compliance agency. The state compliance agency, before or during
  722  such meetings, shall disclose to the commission any concerns,
  723  suspected activities, or pending matters reasonably believed to
  724  constitute violations of the compact by any person,
  725  organization, or entity, if such disclosure will not compromise
  726  the interest sought to be protected.
  727  
  728                              PART VIII                            
  729  
  730         STATE MONITORING OF COMPACT.—
  731         (1)It is the express intent of the Tribe and the state for
  732  the Tribe to regulate its own gaming activities.
  733  Notwithstanding, the state shall conduct random inspections as
  734  provided for in this part to ensure that the Tribe is operating
  735  in accordance with the terms of the compact. The state may
  736  secure an annual independent audit of the conduct of covered
  737  games subject to this compact and the Tribe shall cooperate with
  738  such audit. The audit shall:
  739         (a)Examine the covered games operated by the Tribe to
  740  ensure compliance with the Tribe’s Internal Control Policies and
  741  Procedures and any other standards, policies, or procedures
  742  adopted by the Tribe, the commission, or the National Indian
  743  Gaming Commission which govern the play of covered games.
  744         (b)Examine revenues in connection with the conduct of
  745  covered games and include only those matters necessary to verify
  746  the determination of net win and the basis and amount of the
  747  payments the Tribe is required to make to the state pursuant to
  748  Part XI and as defined by this compact.
  749         (2)A copy of the audit report for the conduct of covered
  750  games shall be submitted to the commission and the state
  751  compliance agency within 30 calendar days after completion.
  752  Representatives of the state compliance agency may, upon
  753  request, meet with the Tribe and its auditors to discuss the
  754  audit or any matters in connection therewith; provided that such
  755  discussions are limited to covered games information. The annual
  756  independent audit shall be performed by an independent firm
  757  selected by the state which has experience in auditing casino
  758  operations, subject to the consent of the Tribe, which shall not
  759  be unreasonably withheld. The Tribe shall pay for the cost of
  760  the annual independent audit.
  761         (3)As provided herein, the state compliance agency may
  762  monitor the conduct of covered games to ensure that the covered
  763  games are conducted in compliance with the provisions of this
  764  compact. In order to properly monitor the conduct of covered
  765  games, agents of the state compliance agency shall have
  766  reasonable access, without prior notice, to all public areas of
  767  the facilities related to the conduct of covered games.
  768         (a)The state compliance agency may review whether the
  769  Tribe’s facilities are in compliance with the provisions of this
  770  compact and the Tribe’s rules and regulations applicable to
  771  covered games and may advise on such issues as it deems
  772  appropriate. In the event of a dispute or disagreement between
  773  Tribal and state compliance agency regulators, the dispute or
  774  disagreement shall be resolved in accordance with the dispute
  775  resolution provisions of Part XIII.
  776         (b)In order to fulfill its oversight responsibilities, the
  777  state compliance agency may perform on a routine basis specific
  778  oversight testing procedures as set forth in paragraph (c).
  779         (c)1.The state compliance agency may inspect any covered
  780  games in operation at the facilities on a random basis, provided
  781  that such inspections may not exceed one inspection per facility
  782  per calendar month and the inspection may not exceed ten hours
  783  spread over those two consecutive days, unless the state
  784  compliance agency determines that additional inspection hours
  785  are needed to address the issues of substantial noncompliance,
  786  provided that the state compliance agency provides the Tribe
  787  with written notification of the need for additional inspection
  788  hours and a written summary of the substantial noncompliance
  789  issues that need to be addressed during the additional
  790  inspection hours. The total number of hours of random
  791  inspections and audit reviews per year may not exceed 1,200
  792  hours. Inspection hours shall be calculated on the basis of the
  793  actual amount of time spent by the state compliance agency
  794  conducting the inspections at a facility, without accounting for
  795  a multiple for the number of state compliance agency inspectors
  796  or agents engaged in the inspection activities. The purpose of
  797  the random inspections is to confirm that the covered games
  798  function properly pursuant to the manufacturer’s technical
  799  standards and are conducted in compliance with the Tribe’s
  800  Internal Control Policies and Procedures and any other
  801  standards, policies, or procedures adopted by the Tribe, the
  802  commission, or the National Indian Gaming Commission which
  803  govern the play of covered games. The state compliance agency
  804  shall provide notice to the commission of such inspection at or
  805  before the commencement of a random inspection and a commission
  806  agent may accompany the inspection.
  807         2.For each facility, the state compliance agency may
  808  perform one annual review of the Tribe’s slot machine compliance
  809  audit.
  810         3.At least annually, the state compliance agency may meet
  811  with the Tribe’s Internal Audit Department for Gaming to review
  812  internal controls and the record of violations for each
  813  facility.
  814         (d)The state compliance agency shall cooperate with and
  815  obtain the assistance of the commission in the resolution of any
  816  conflicts in the management of the facilities, and the state and
  817  the Tribe shall make their best efforts to resolve disputes
  818  through negotiation whenever possible. Therefore, to foster a
  819  spirit of cooperation and efficiency, the state compliance
  820  agency and Tribe shall resolve disputes between the state
  821  compliance agency staff and commission regulators about the day
  822  to-day regulation of the facilities through meeting and
  823  conferring in good faith. Notwithstanding, the parties may seek
  824  other relief that may be available when circumstances require
  825  such relief. In the event of a dispute or disagreement between
  826  tribal and state compliance agency regulators, the dispute or
  827  disagreement shall be resolved in accordance with the dispute
  828  resolution provisions of Part XIII.
  829         (e)The state compliance agency shall have access to each
  830  facility during the facility’s operating hours only. No advance
  831  notice is required when the state compliance agency inspection
  832  is limited to public areas of the facility; however,
  833  representatives of the state compliance agency shall provide
  834  notice and photographic identification to the commission of
  835  their presence before beginning any such inspections.
  836         (f)The state compliance agency agents, to ensure that a
  837  commission officer is available to accompany the state
  838  compliance agency agents at all times, shall provide one hour
  839  notice and photographic identification to the commission before
  840  entering any nonpublic area of a facility. Agents of the state
  841  compliance agency shall be accompanied in nonpublic areas of the
  842  facility by a commission officer.
  843         (g)Any suspected or claimed violations of this compact or
  844  law shall be directed in writing to the commission. The state
  845  compliance agency, in conducting the functions assigned them
  846  under this compact, shall not unreasonably interfere with the
  847  functioning of any facility.
  848         (4)Subject to the provisions herein, the state compliance
  849  agency may review and request copies of documents of the
  850  facility related to its conduct of covered games during normal
  851  business hours unless otherwise allowed by the Tribe. The Tribe
  852  may not refuse said inspection and copying of such documents,
  853  provided that the inspectors do not require copies of documents
  854  in such volume that it unreasonably interferes with the normal
  855  functioning of the facilities or covered games. To the extent
  856  that the Tribe provides the state with information that the
  857  Tribe claims to be confidential and proprietary, or a trade
  858  secret, the Tribe shall clearly mark such information with the
  859  following designation: “Trade Secret, Confidential, and
  860  Proprietary.” If the state receives a request under chapter 119
  861  that would include such designated information, the state shall
  862  promptly notify the Tribe of such a request and the Tribe shall
  863  promptly notify the state about its intent to seek judicial
  864  protection from disclosure. Upon such notice from the Tribe, the
  865  state may not release the requested information until a judicial
  866  determination is made. This designation and notification
  867  procedure does not excuse the state from complying with the
  868  requirements of the state’s public records law, but is intended
  869  to provide the Tribe the opportunity to seek whatever judicial
  870  remedy it deems appropriate. Notwithstanding the foregoing
  871  procedure, the state compliance agency may provide copies of
  872  tribal documents to federal law enforcement and other state
  873  agencies or state consultants that the state deems reasonably
  874  necessary in order to conduct or complete any investigation of
  875  suspected criminal activity in connection with the Tribe’s
  876  covered games or the operation of the facilities or in order to
  877  assure the Tribe’s compliance with this compact.
  878         (5)At the completion of any state compliance agency
  879  inspection or investigation, the state compliance agency shall
  880  forward any written report thereof to the commission, containing
  881  all pertinent, nonconfidential, nonproprietary information
  882  regarding any violation of applicable laws or this compact which
  883  was discovered during the inspection or investigation unless
  884  disclosure thereof would adversely impact an investigation of
  885  suspected criminal activity. Nothing herein prevents the state
  886  compliance agency from contacting tribal or federal law
  887  enforcement authorities for suspected criminal wrongdoing
  888  involving the commission.
  889         (6)Except as expressly provided in this compact, nothing
  890  in this compact shall be deemed to authorize the state to
  891  regulate the Tribe’s government, including the commission, or to
  892  interfere in any way with the Tribe’s selection of its
  893  governmental officers, including members of the commission.
  894  
  895                               PART IX                             
  896  
  897         JURISDICTION.—The obligations and rights of the state and
  898  the Tribe under this compact are contractual in nature and are
  899  to be construed in accordance with the laws of the state. This
  900  compact does not alter tribal, federal, or state civil
  901  adjudicatory or criminal jurisdiction in any way.
  902  
  903                               PART X                              
  904  
  905         LICENSING.—The Tribe and the commission shall comply with
  906  the licensing and hearing requirements set forth in 25 C.F.R.
  907  parts 556 and 558, as well as the applicable licensing and
  908  hearing requirements set forth in Articles IV, V, and VI of the
  909  Seminole Tribal Gaming Code. The commission shall notify the
  910  state compliance agency of any disciplinary hearings or
  911  revocation or suspension of licenses.
  912  
  913                               PART XI                             
  914  
  915         PAYMENTS TO THE STATE OF FLORIDA.—
  916         (1)The parties acknowledge and recognize that this compact
  917  provides the Tribe with partial but substantial exclusivity and
  918  other valuable consideration consistent with the goals of the
  919  Indian Gaming Regulatory Act, including special opportunities
  920  for tribal economic development through gaming within the
  921  external boundaries of the state with respect to the play of
  922  covered games. In consideration thereof, the Tribe covenants and
  923  agrees, subject to the conditions agreed upon in Part XII, to
  924  make payments to the state derived from net win as set forth in
  925  subsections (2) and (7). The Tribe further agrees that it will
  926  not purchase or lease any new Class II video bingo terminals or
  927  their equivalents for use at its facilities after the effective
  928  date of this compact.
  929         (2)The Tribe shall make periodic revenue share payments to
  930  the state derived from net win as set forth in this subsection,
  931  and any such payments shall be made to the state via electronic
  932  funds transfer. Of the amounts paid by the Tribe to the state,
  933  three percent shall be distributed to local governments,
  934  including both counties and municipalities, in the state
  935  affected by the Tribe’s operation of covered games. Revenue
  936  share payments by the Tribe to the state shall be calculated as
  937  follows:
  938         (a)During the initial payment period, the Tribe agrees to
  939  pay the state a revenue share payment in accordance with this
  940  subparagraph.
  941         1.13 percent of all amounts up to $2 billion of net win
  942  received by the Tribe from the operation and play of covered
  943  games during each revenue sharing cycle;
  944         2.17.5 percent of all amounts greater than $2 billion up
  945  to and including $3.5 billion of net win received by the Tribe
  946  from the operation and play of covered games during each revenue
  947  sharing cycle;
  948         3.20 percent of all amounts greater than $3.5 billion up
  949  to and including $4 billion of net win received by the Tribe
  950  from the operation and play of covered games during each revenue
  951  sharing cycle;
  952         4.22.5 percent of all amounts greater than $4 billion up
  953  to and including $4.5 billion of net win received by the Tribe
  954  from the operation and play of covered games during each revenue
  955  sharing cycle; or
  956         5.25 percent of all amounts greater than $4.5 billion of
  957  net win received by the Tribe from the operation and play of
  958  covered games during each revenue sharing cycle.
  959         (b)During the guarantee payment period, the Tribe agrees
  960  to make fixed payments in accordance with this paragraph. In
  961  addition, within 90 days after the end of the guarantee payment
  962  period, the Tribe shall make an additional payment to the state
  963  equal to the amount above $3 billion, if any, that would have
  964  been owed by the Tribe to the state had the percentages set
  965  forth in paragraph (c) been applicable during the guarantee
  966  payment period.
  967         1.A payment of $325 million during the first revenue
  968  sharing cycle;
  969         2.A payment of $350 million during the second revenue
  970  sharing cycle;
  971         3.A payment of $375 million during the third revenue
  972  sharing cycle;
  973         4.A payment of $425 million during the fourth revenue
  974  sharing cycle;
  975         5.A payment of $475 million during the fifth revenue
  976  sharing cycle;
  977         6.A payment of $500 million during the sixth revenue
  978  sharing cycle; and
  979         7.A payment of $550 million during the seventh revenue
  980  sharing cycle.
  981         (c)During the regular payment period, the Tribe agrees to
  982  pay a revenue share payment, for each revenue sharing cycle, to
  983  the state equal to the amount calculated in accordance with this
  984  paragraph.
  985         1.13 percent of all amounts up to $2 billion of net win
  986  received by the Tribe from the operation and play of covered
  987  games during each revenue sharing cycle;
  988         2.17.5 percent of all amounts greater than $2 billion up
  989  to and including $3.5 billion of net win received by the Tribe
  990  from the operation and play of covered games during each revenue
  991  sharing cycle;
  992         3.20 percent of all amounts greater than $3.5 billion up
  993  to and including $4 billion of net win received by the Tribe
  994  from the operation and play of covered games during each revenue
  995  sharing cycle;
  996         4.22.5 percent of all amounts greater than $4 billion up
  997  to and including $4.5 billion of net win received by the Tribe
  998  from the operation and play of covered games during each revenue
  999  sharing cycle; or
 1000         5.25 percent of all amounts greater than $4.5 billion of
 1001  net win received by the Tribe from the operation and play of
 1002  covered games during each revenue sharing cycle.
 1003         (3)The Tribe shall remit monthly payments as follows:
 1004         (a)On or before the 15th day of the month following each
 1005  month of the revenue sharing cycle, the Tribe will remit to the
 1006  state or its assignee the monthly payment. For purposes of this
 1007  section, the monthly payment shall be 8.3 percent of the
 1008  estimated revenue share payment to be paid by the Tribe during
 1009  such revenue sharing cycle.
 1010         (b)The Tribe shall make available to the state at the time
 1011  of the monthly payment the basis for the calculation of the
 1012  payment.
 1013         (c)The Tribe shall, on a monthly basis, reconcile the
 1014  calculation of the estimated revenue share payment based on the
 1015  Tribe’s unaudited financial statements related to covered games.
 1016         (4)The Tribe shall have an audit conducted as follows:
 1017         (a)On or before the 45th day after the third month, sixth
 1018  month, ninth month, and twelfth month of each revenue sharing
 1019  cycle, provided that the 12-month period does not coincide with
 1020  the Tribe’s fiscal year end date as indicated in paragraph (c),
 1021  the Tribe shall provide the state with an audit report by its
 1022  independent auditors as to the annual revenue share calculation.
 1023         (b)For each quarter within revenue sharing cycle, the
 1024  Tribe shall engage its independent auditors to conduct a review
 1025  of the unaudited net revenue from covered games. On or before
 1026  the 120th day after the end of the Tribe’s fiscal year, the
 1027  Tribe shall require its independent auditors to provide an audit
 1028  report with respect to net win for covered games and the related
 1029  payment of the annual revenue share.
 1030         (c)If the twelfth month of the revenue sharing cycle does
 1031  not coincide with the Tribe’s fiscal year, the Tribe shall
 1032  deduct net win from covered games for any of the months outside
 1033  of the revenue sharing cycle and include net win from covered
 1034  games for those months outside of the Tribe’s audit period but
 1035  within the revenue sharing cycle, before issuing the audit
 1036  report.
 1037         (d)No later than 30 calendar days after the day the audit
 1038  report is issued, the Tribe shall remit to the state any
 1039  underpayment of the annual revenue share, and the state shall
 1040  either reimburse to the Tribe any overpayment of the annual
 1041  revenue share or authorize the overpayment to be deducted from
 1042  the next successive monthly payment or payments.
 1043         (5)If, after any change in state law to affirmatively
 1044  allow internet or online gaming, or any functionally equivalent
 1045  remote gaming system that permits a person to play from home or
 1046  any other location that is remote from a casino or other
 1047  commercial gaming facility, but excluding any fantasy contest
 1048  conducted pursuant to s. 546.13, the Tribe’s net win from the
 1049  operation of covered games at all of its facilities combined
 1050  drops more than five percent below its net win from the previous
 1051  12-month period, the Tribe shall no longer be required to make
 1052  payments to the state based on the guaranteed minimum compact
 1053  term payment and shall not be required to make the guaranteed
 1054  minimum compact term payment. However, the Tribe shall continue
 1055  to make payments based on the percentage revenue share amount.
 1056  The Tribe shall resume making the guaranteed minimum compact
 1057  term payment for any subsequent revenue sharing cycle in which
 1058  its net win rises above the level described in this subsection.
 1059  This subsection does not apply if:
 1060         (a)The decline in net win is due to acts of God, war,
 1061  terrorism, fires, floods, or accidents causing damage to or
 1062  destruction of one or more of its facilities or property
 1063  necessary to operate the facility of facilities; or
 1064         (b)The Tribe offers internet or online gaming or any
 1065  functionally equivalent remote gaming system that permits a
 1066  person to game from home or any other location that is remote
 1067  from any of the Tribe’s facilities, as authorized by law.
 1068         (6)The annual oversight assessment, which shall not exceed
 1069  $250,000 per year, indexed for inflation as determined by the
 1070  Consumer Price Index, shall be determined and paid in quarterly
 1071  installments within 30 calendar days after receipt by the Tribe
 1072  of an invoice from the state compliance agency. The Tribe
 1073  reserves the right to audit the invoices on an annual basis, a
 1074  copy of which will be provided to the state compliance agency,
 1075  and any discrepancies found therein shall be reconciled within
 1076  45 calendar days after receipt of the audit by the state
 1077  compliance agency.
 1078         (7)The Tribe shall make an annual donation to the Florida
 1079  Council on Compulsive Gaming as an assignee of the state in an
 1080  amount not less than $250,000 per facility.
 1081         (8)Except as expressly provided in this part, nothing in
 1082  this compact shall be deemed to require the Tribe to make
 1083  payments of any kind to the state or any of its agencies.
 1084  
 1085                              PART XII                             
 1086  
 1087         REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
 1088  OR OTHER CHANGES IN STATE LAW.—The intent of this compact is to
 1089  provide the Tribe with the right to operate covered games on an
 1090  exclusive basis throughout the state, subject to the exceptions
 1091  and provisions in this part.
 1092         (1)For purposes of this part, the terms “Class III gaming”
 1093  or “other casino-style gaming” include, but are not limited to,
 1094  slot machines, electronically assisted bingo, electronically
 1095  assisted pull-tab games, noncard table games, video lottery
 1096  terminals, or any similar games, whether or not such games are
 1097  determined through the use of a random number generator. For the
 1098  purposes of this part, the terms “Class III gaming” and “other
 1099  casino-style gaming” do not include fantasy contests conducted
 1100  pursuant to s. 546.13 or designated player games of poker
 1101  authorized pursuant to s. 849.086, as those statutes are in
 1102  effect on January 1, 2019.
 1103         (a)If, after January 1, 2019, state law is amended,
 1104  implemented, or interpreted to allow the operation of Class III
 1105  gaming or other casino-style gaming at any location under the
 1106  jurisdiction of the state that was not in operation as of
 1107  January 1, 2019, or a new form of Class III gaming or other
 1108  casino-style gaming that was not in operation as of January 1,
 1109  2019, and such gaming is offered to the public as a result of
 1110  the amendment, implementation, or interpretation, the Tribe, no
 1111  fewer than 30 days after the commencement of such new gaming or
 1112  90 days after the state’s receipt of written notice from the
 1113  Tribe pursuant to paragraph (b), whichever occurs later, may
 1114  elect to begin making the affected portion of its payments due
 1115  to the state pursuant to subsections (2) and (7) of Part XI,
 1116  into an escrow account.
 1117         (b)In order to exercise the provisions of paragraph (a),
 1118  the Tribe must first notify the state, within 90 days after such
 1119  amendment, implementation, or interpretation of state law, of
 1120  the Tribe’s objections to such action or interpretation and
 1121  further specify the basis for the Tribe’s contention that such
 1122  action or interpretation infringes upon the substantial
 1123  exclusivity afforded under this compact. As part of its written
 1124  notice, the Tribe must also indicate, if applicable, its
 1125  intention to begin making the affected portion of its payments
 1126  due to the state into an escrow account.
 1127         (c)Upon receipt of written notice from the Tribe, the
 1128  state may elect to:
 1129         1.Invoke the dispute resolution provisions of Part XIII to
 1130  determine whether the Tribe’s contention is well-founded. In
 1131  such proceeding, the Tribe carries the burden of proof and
 1132  persuasion. The pendency of such proceeding tolls the time
 1133  periods set forth in paragraph (1)(a) of Part XII for the
 1134  duration of the dispute or litigation; or
 1135         2.Seek through enforcement action, legislation, or other
 1136  means to stop the conduct of such new games.
 1137         (d)1.If, within 15 months following the state’s receipt of
 1138  written notice from the Tribe, the Tribe’s contention is deemed
 1139  not to be well-founded at the conclusion of dispute resolution
 1140  or new gaming is made illegal and is halted, then all funds
 1141  being held in the escrow account shall be released to the state
 1142  and all further payments due to the state pursuant to
 1143  subsections (2) and (7) of Part XI shall promptly resume.
 1144         2.If, after 15 months following the state’s receipt of
 1145  written notice from the Tribe, the Tribe’s contention is deemed
 1146  to be well-founded at the conclusion of dispute resolution and
 1147  such gaming is not made illegal and halted, then all funds being
 1148  held in escrow shall be returned to the Tribe and all further
 1149  payments due to the state pursuant to subsections (2) and (7) of
 1150  Part XI shall cease or be reduced as provided in subsection (2)
 1151  until such gaming is no longer operated, in which event the
 1152  payments shall promptly resume.
 1153         (2)The following are exceptions to the exclusivity
 1154  provisions of subsection (1):
 1155         (a)Any Class III gaming authorized by a compact between
 1156  the state and any other federally recognized tribe pursuant to
 1157  Indian Gaming Regulatory Act, provided that the tribe has land
 1158  in federal trust in the state as of January 1, 2018.
 1159         (b)The operation of slot machines, which does not include
 1160  any game played with tangible playing cards, at each of the four
 1161  currently operating licensed pari-mutuel facilities in Broward
 1162  County and the four currently operating licensed pari-mutuel
 1163  facilities in Miami-Dade County, whether or not currently
 1164  operating slot machines, provided that such licenses are not
 1165  transferred or otherwise used to move or operate such slot
 1166  machines at any other location.
 1167         (c)1.If state law is amended to allow for the play of any
 1168  additional type of Class III or other casino-style gaming at any
 1169  of the presently operating licensed pari-mutuel facilities in
 1170  Broward and Miami-Dade Counties, the Tribe may be entitled to a
 1171  reduction in the revenue sharing payment as described in
 1172  subparagraph 2.
 1173         2.If the Tribe’s annual net win from its facilities
 1174  located in Broward County for the 12 month period after the
 1175  gaming specified in subparagraph 1. begins to be offered for
 1176  public or private use is less than the net revenue base, the
 1177  revenue share payments due to the state, pursuant to paragraph
 1178  (2)(b) of Part XI, for the next revenue sharing cycle and future
 1179  revenue sharing cycles shall be calculated by reducing the
 1180  Tribe’s payment on revenue generated from its facilities in
 1181  Broward County by 50 percent of that reduction in annual net win
 1182  from its facilities in Broward County. This paragraph does not
 1183  apply if the decline in net win is due to acts of God, war,
 1184  terrorism, fires, floods, or accidents causing damage to or
 1185  destruction of one or more of its facilities or property
 1186  necessary to operate the facility or facilities.
 1187         3.If the Tribe’s annual net win from its facilities
 1188  located in Broward County subsequently equals or exceeds the net
 1189  revenue base, then the Tribe’s payments due to the state
 1190  pursuant to paragraph (2)(b) of Part XI shall again be
 1191  calculated without any reduction, but may be reduced again under
 1192  the provisions set forth in subparagraph 2.
 1193         (d)If state law is amended to allow the play of Class III
 1194  gaming or other casino-style gaming, as defined in this part, at
 1195  any location in Miami-Dade County or Broward County under the
 1196  jurisdiction of the state that is not presently licensed for the
 1197  play of such games at such locations, other than those
 1198  facilities set forth in paragraph (c) and this paragraph, and
 1199  such games were not in play as of January 1, 2018, and such
 1200  gaming begins to be offered for public or private use, the
 1201  payments due the state pursuant to subparagraph (c)2., shall be
 1202  calculated by excluding the net win from the Tribe’s facilities
 1203  in Broward County.
 1204         (e)The operation of a combined total of not more than 350
 1205  historic racing machines, connected to a central server at that
 1206  facility, and electronic bingo machines at each pari-mutuel
 1207  facility licensed as of January 1, 2018, and not located in
 1208  either Broward County or Miami-Dade County.
 1209         (f)The operation of pari-mutuel wagering activities at
 1210  pari-mutuel facilities licensed by the state.
 1211         (g)The operation by the Department of the Lottery of those
 1212  types of lottery games authorized under chapter 24 as of January
 1213  1, 2018, but not including any player-activated or operated
 1214  machine or device other than a lottery vending machine or any
 1215  banked or banking card or table game. However, not more than ten
 1216  lottery vending machines may be installed at any facility or
 1217  location and no lottery vending machine that dispenses
 1218  electronic instant tickets may be installed at any licensed
 1219  pari-mutuel facility.
 1220         (h) The operation of games of poker, including designated
 1221  player games of poker, as authorized by chapter 849 as of
 1222  January 1, 2019.
 1223         (i) The operation of games permitted by chapters 546 and
 1224  849, Florida Statutes, as of January 1, 2019.
 1225         (j) The following events shall not trigger any remedy under
 1226  this compact and do not affect the exclusivity provisions of
 1227  this compact:
 1228         1. Any change to the tax rate paid to the state by the
 1229  licensed pari-mutuel permitholders for the operation of slot
 1230  machines, provided the effective tax rate is not less than 25
 1231  percent. If the effective tax rate is less than 25 percent, then
 1232  the Tribe shall be relieved of its obligations to make the
 1233  guaranteed minimum compact term payment and any further
 1234  guaranteed revenue sharing cycle payment, but instead shall make
 1235  payments to the state for all future revenue sharing cycles
 1236  based on the percentage payments set forth in paragraph (2)(c)
 1237  of Part XI, but shall be permitted to exclude all revenue
 1238  generated by slot machines at its facilities in Broward County;
 1239  and
 1240         2. Any change in state law that removes the requirement for
 1241  pari-mutuel permitholders to conduct performances of live races
 1242  or games in order to operate other authorized gaming activities.
 1243         (3)To the extent that the exclusivity provisions of this
 1244  part are breached or otherwise violated and the Tribe’s ongoing
 1245  payment obligations to the state pursuant to subsections (2) and
 1246  (7) of Part XI cease, any outstanding payments that would have
 1247  been due the state from the Tribe’s facilities before the breach
 1248  or violation shall be made within 30 business days after the
 1249  breach or violation.
 1250         (4)The breach of this part’s exclusivity provisions and
 1251  the cessation of payments pursuant to subsections (2) and (7) of
 1252  Part XI shall not excuse the Tribe from continuing to comply
 1253  with all other provisions of this compact, including continuing
 1254  to pay the state the annual oversight assessment as set forth in
 1255  subsection (6) of Part XI.
 1256  
 1257                              PART XIII                            
 1258  
 1259         DISPUTE RESOLUTION.—In the event that the Tribe or State
 1260  believes that the other party has failed to comply with any
 1261  requirements of this compact, or in the event of any dispute
 1262  hereunder, including, but not limited to, a dispute over the
 1263  proper interpretation of the terms and conditions of this
 1264  compact, the goal of the parties is to resolve all disputes
 1265  amicably and voluntarily whenever possible. In pursuit of this
 1266  goal, the following procedures may be invoked:
 1267         (1)A party asserting noncompliance or seeking an
 1268  interpretation of this compact first shall serve written notice
 1269  on the other party. The notice shall identify the specific
 1270  compact provision alleged to have been violated or in dispute
 1271  and shall specify in detail the asserting party’s contention and
 1272  any factual basis for the claim. Representatives of the Tribe
 1273  and state shall meet within 30 calendar days after receipt of
 1274  notice in an effort to resolve the dispute, unless they mutually
 1275  agree to extend this period.
 1276         (2)A party asserting noncompliance or seeking an
 1277  interpretation of this compact under this part shall be deemed
 1278  to have certified that to the best of the party’s knowledge,
 1279  information, and belief formed after reasonable inquiry, the
 1280  claim of noncompliance or the request for interpretation of this
 1281  compact is warranted and made in good faith and not for any
 1282  improper purpose, such as to harass or to cause unnecessary
 1283  delay or the needless incurring of the cost of resolving the
 1284  dispute.
 1285         (3)If the parties are unable to resolve a dispute through
 1286  the process specified in subsections (1) and (2), either party
 1287  may call for mediation under the Commercial Mediation Procedures
 1288  of the American Arbitration Association or any successor
 1289  procedures, provided that such mediation does not last more than
 1290  60 calendar days, unless an extension to this time limit is
 1291  negotiated by the parties. Only matters arising under the terms
 1292  of this compact may be available for resolution through
 1293  mediation. If the parties are unable to resolve a dispute
 1294  through the process specified in this part, notwithstanding any
 1295  other provision of law, either party may bring an action in a
 1296  United States District Court having venue regarding a dispute
 1297  arising under this compact. If the court declines to exercise
 1298  jurisdiction, or federal precedent exists that holds that the
 1299  court would not have jurisdiction over such a dispute, either
 1300  party may bring the action in the appropriate court of the
 1301  Seventeenth Judicial Circuit in Broward County, Florida. The
 1302  parties are entitled to all rights of appeal permitted by law in
 1303  the court system in which the action is brought.
 1304         (4)For purposes of actions based on disputes between the
 1305  state and the Tribe that arise under this compact and the
 1306  enforcement of any judgment resulting from such action, the
 1307  Tribe and the state each expressly waive the right to assert
 1308  sovereign immunity from suit and from enforcement of any ensuing
 1309  judgment, and further consent to be sued in federal or state
 1310  court, including the right of appeal specified above, as the
 1311  case may be, provided that:
 1312         (a)The dispute is limited solely to issues arising under
 1313  this compact.
 1314         (b)There is no claim for monetary damages, except that
 1315  payment of any money required by the terms of this compact, as
 1316  well as injunctive relief or specific performance enforcing a
 1317  provision of this compact requiring the payment of money to the
 1318  state may be sought.
 1319         (c)Nothing herein shall be construed to constitute a
 1320  waiver of the sovereign immunity of the Tribe with respect to
 1321  any third party that is made a party or intervenes as a party to
 1322  the action. In the event that intervention, joinder, or other
 1323  participation by any additional party in any action between the
 1324  state and the Tribe would result in the waiver of the Tribe’s
 1325  sovereign immunity as to that additional party, the waiver of
 1326  the Tribe may be revoked.
 1327         (5)The state may not be precluded from pursuing any
 1328  mediation or judicial remedy against the Tribe on the grounds
 1329  that the state has failed to exhaust its Tribal administrative
 1330  remedies.
 1331         (6)Notwithstanding any other provision of this part, any
 1332  failure of the Tribe to remit the payments pursuant to the terms
 1333  of Part XI entitles the state to seek injunctive relief in
 1334  federal or state court, at the state’s election, to compel the
 1335  payments after the dispute resolution process in subsections (1)
 1336  and (2) is exhausted.
 1337  
 1338                              PART XIV                             
 1339  
 1340         CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
 1341         (1)Each provision of this compact shall stand separate and
 1342  independent of every other provision. In the event that a
 1343  federal district court in Florida or other court of competent
 1344  jurisdiction shall find any provision of this compact to be
 1345  invalid, the remaining provisions shall remain in full force and
 1346  effect, provided that severing the invalidated provision does
 1347  not undermine the overall intent of the parties in entering into
 1348  this compact. However, if subsection (6) of Part III, Part XI,
 1349  or Part XII are held by a court of competent jurisdiction to be
 1350  invalid, this compact will become null and void.
 1351         (2)It is understood that Part XII, which provides for a
 1352  cessation of the payments to the state under Part XI, does not
 1353  create any duty on the state but only a remedy for the Tribe if
 1354  gaming under state jurisdiction is expanded.
 1355         (3)This compact is intended to meet the requirements of
 1356  the Indian Gaming Regulatory Act as it reads on the effective
 1357  date of this compact, and where reference is made to the Indian
 1358  Gaming Regulatory Act, or to an implementing regulation thereof,
 1359  the reference is deemed to have been incorporated into this
 1360  document. Subsequent changes to the Indian Gaming Regulatory Act
 1361  that diminish the rights of the state or Tribe may not be
 1362  applied retroactively to alter the terms of this compact, except
 1363  to the extent that federal law validly mandates that retroactive
 1364  application without the respective consent of the state or the
 1365  Tribe. In the event that a subsequent change in the Indian
 1366  Gaming Regulatory Act, or to an implementing regulation thereof,
 1367  mandates retroactive application without the respective consent
 1368  of the state or the Tribe, the parties agree that this compact
 1369  is voidable by either party if the subsequent change materially
 1370  alters the provisions in the compact relating to the play of
 1371  covered games, revenue sharing payments, suspension or reduction
 1372  of payments, or exclusivity.
 1373         (4)Neither the presence of language that is not included
 1374  in this compact, nor the absence in this compact of language
 1375  that is present in another state-tribal compact shall be a
 1376  factor in construing the terms of this compact.
 1377         (5)The Tribe and the state shall defend the validity of
 1378  this compact.
 1379         (6)The parties shall cooperate in seeking approval of this
 1380  compact from the Secretary of the Department of the Interior.
 1381  
 1382                               PART XV                             
 1383  
 1384         NOTICES.—All notices required under this compact shall be
 1385  given by certified mail, return receipt requested, commercial
 1386  overnight courier service, or personal delivery, to the
 1387  Governor, the President of the Senate, the Speaker of the House
 1388  of Representatives, and the Chairman and General Counsel of the
 1389  Seminole Tribe of Florida.
 1390  
 1391                              PART XVI                             
 1392  
 1393         EFFECTIVE DATE AND TERM.—
 1394         (1)This compact, if identical to the version ratified by
 1395  the Legislature in s. 285.710(3)(c), Florida Statutes, in 2018,
 1396  shall become effective upon its approval as a tribal-state
 1397  compact within the meaning of the Indian Gaming Regulatory Act
 1398  either by action of the Secretary of the Department of the
 1399  Interior or by operation of law under 25 U.S.C. s. 2710(d)(8)
 1400  upon publication of a notice of approval in the Federal Register
 1401  under 25 U.S.C. s. 2710(d)(8)(D).
 1402         (2)This compact shall have a term of twenty years
 1403  beginning on the first day of the month following the month in
 1404  which the compact becomes effective under subsection (1).
 1405         (3)The Tribe’s authorization to offer covered games under
 1406  this compact shall automatically terminate twenty years after
 1407  the effective date unless renewed by an affirmative act of the
 1408  Legislature.
 1409  
 1410                              PART XVII                            
 1411  
 1412         AMENDMENT OF COMPACT AND REFERENCES.—
 1413         (1)Amendment of this compact may only be made by written
 1414  agreement of the parties, subject to approval by the Secretary
 1415  of the Department of the Interior, either by publication of the
 1416  notice of approval in the Federal Register or by operation of
 1417  law under 25 U.S.C. s. 2710(d)(8).
 1418         (2)Legislative ratification is required for any amendment
 1419  to the compact that alters the provisions relating to covered
 1420  games, the amount of revenue sharing payments, suspension or
 1421  reduction in payments, or exclusivity.
 1422         (3)Changes in the provisions of tribal ordinances,
 1423  regulations, and procedures referenced in this compact may be
 1424  made by the Tribe with 30 days’ advance notice to the state. If
 1425  the state has an objection to any change to the tribal
 1426  ordinance, regulation, or procedure which is the subject of the
 1427  notice on the ground that its adoption would be a violation of
 1428  the Tribe’s obligations under this compact, the state may invoke
 1429  the dispute resolution provisions provided in Part XIII.
 1430  
 1431                             PART XVIII                            
 1432  
 1433         MISCELLANEOUS.—
 1434         (1)Except to the extent expressly provided in this
 1435  compact, this compact is not intended to, and shall not be
 1436  construed to, create any right on the part of a third party to
 1437  bring an action to enforce any of its terms.
 1438         (2)If, after the effective date of this compact, the state
 1439  enters into a compact with any other Tribe that contains more
 1440  favorable terms with respect to the provisions of this Compact
 1441  and the Secretary of the Department of the Interior approves
 1442  such compact, either by publication of the notice of approval in
 1443  the Federal Register or by operation of law under 25 U.S.C. s.
 1444  2710(d)(8), upon tribal notice to the state and the Secretary,
 1445  this compact shall be deemed amended to contain the more
 1446  favorable terms, unless the state objects to the change and can
 1447  demonstrate, in a proceeding commenced under Part XIII, that the
 1448  terms in question are not more favorable.
 1449         (3)Upon the occurrence of certain events beyond the
 1450  Tribe’s control, including acts of God, war, terrorism, fires,
 1451  floods, or accidents causing damage to or destruction of one or
 1452  more of its facilities or property necessary to operate the
 1453  facility or facilities, the Tribe’s obligation to pay the
 1454  guaranteed minimum compact term payment described in Part XI
 1455  shall be reduced pro rata to reflect the percentage of the total
 1456  net win lost to the Tribe from the impacted facility or
 1457  facilities and the net win specified under subsection (2) of
 1458  Part XII for purposes of determining whether the Tribe’s
 1459  payments described in Part XI shall cease, shall be reduced pro
 1460  rata to reflect the percentage of the total net win lost to the
 1461  Tribe from the impacted facility or facilities. The foregoing
 1462  shall not excuse any obligations of the Tribe to make payments
 1463  to the state as and when required hereunder or in any related
 1464  document or agreement.
 1465         (4)The Tribe and the state recognize that opportunities to
 1466  engage in gaming in smoke-free or reduced-smoke environments
 1467  provides both health and other benefits to patrons, and the
 1468  Tribe has instituted a nonsmoking section at its Seminole Hard
 1469  Rock Hotel & Casino-Hollywood Facility. As part of its
 1470  continuing commitment to this issue, the Tribe shall:
 1471         (a)Install and utilize a ventilation system at all new
 1472  construction at its facilities, which system exhausts tobacco
 1473  smoke to the extent reasonably feasible under existing state-of
 1474  the-art technology.
 1475         (b)Designate a smoke-free area for slot machines at all
 1476  new construction at its facilities.
 1477         (c)Install nonsmoking, vented tables for table games
 1478  installed in its facilities sufficient to reasonably respond to
 1479  demand for such tables.
 1480         (d) Designate a nonsmoking area for gaming within all of
 1481  its facilities within five years after the effective date of the
 1482  compact.
 1483         (5)The annual average minimum pay-out of all slot machines
 1484  in each facility may not be less than 85 percent.
 1485         (6)Nothing in this compact shall alter any of the existing
 1486  memoranda of understanding, contracts, or other agreements
 1487  entered into between the Tribe and any other federal, state, or
 1488  local governmental entity.
 1489         (7)The Tribe currently has, as set forth in its Employee
 1490  Fair Treatment and Dispute Resolution Policy, and agrees to
 1491  maintain, standards that are comparable to the standards
 1492  provided in federal laws and state laws forbidding employers
 1493  from discrimination in connection with the employment of persons
 1494  working at the facilities on the basis of race, color, religion,
 1495  national origin, gender, age, disability, or marital status.
 1496  Nothing herein shall preclude the Tribe from giving preference
 1497  in employment, promotion, seniority, lay-offs, or retention to
 1498  members of the Tribe and other federally recognized tribes.
 1499         (8)The Tribe shall, with respect to any facility where
 1500  covered games are played, adopt and comply with tribal
 1501  requirements that meet the same minimum state requirements
 1502  applicable to businesses in the state with respect to
 1503  environmental and building standards.
 1504  
 1505                              PART XIX                             
 1506  
 1507         EXECUTION.—The Governor of the State of Florida affirms
 1508  that he has authority to act for the state in this matter and
 1509  that, provided that this compact is identical to the compact
 1510  ratified by the Legislature pursuant to s. 285.710(3)(c),
 1511  Florida Statutes, no further action by the state or any state
 1512  official is necessary for this compact to take effect upon
 1513  federal approval by action of the Secretary of the Department of
 1514  the Interior or by operation of law under 25 U.S.C. s.
 1515  2710(d)(8) by publication of the notice of approval in the
 1516  Federal Register. The Governor affirms that he will proceed with
 1517  obtaining such federal approval and take all other appropriate
 1518  action to effectuate the purposes and intent of this Compact.
 1519  The undersigned Chairman of the Tribal Council of the Seminole
 1520  Tribe of Florida affirms that he is duly authorized and has the
 1521  authority to execute this Compact on behalf of the Tribe. The
 1522  Chairman also affirms that he will assist in obtaining federal
 1523  approval and take all other appropriate action to effectuate the
 1524  purposes and intent of this Compact.
 1525         Section 2. Subsection (4) of section 285.712, Florida
 1526  Statutes, is amended to read:
 1527         285.712 Tribal-state gaming compacts.—
 1528         (4) Upon execution receipt of an act ratifying a tribal
 1529  state compact entered pursuant to s. 285.710(3)(b), the Governor
 1530  shall provide a copy to the Secretary of State who shall forward
 1531  a copy of the executed compact and the ratifying act to the
 1532  United States Secretary of the Interior for his or her review
 1533  and approval, in accordance with 25 U.S.C. s. 2710(d)(8)
 1534  2710(8)(d).
 1535         Section 3. Section 546.13, Florida Statutes, is created to
 1536  read:
 1537         546.13 Fantasy contests and fantasy contest operators.—
 1538         (1) DEFINITIONS.—As used in this section, the term:
 1539         (a)“Entry fee” means cash or a cash equivalent that is
 1540  required to be paid by a participant in order to participate in
 1541  a fantasy contest.
 1542         (b)“Fantasy contest” means a fantasy or simulated game or
 1543  contest in which:
 1544         1.The value of all prizes and awards offered to winning
 1545  participants is established and made known to the participants
 1546  in advance of the contest;
 1547         2.All winning outcomes reflect the relative knowledge and
 1548  skill of the participants and are determined predominantly by
 1549  accumulated statistical results of the performance of
 1550  individuals, including athletes in the case of sporting events;
 1551         3.No winning outcome is based on the score, point spread,
 1552  or any performance or performances of any single actual team or
 1553  combination of such teams, solely on any single performance of
 1554  an individual athlete or player in any single actual event, or
 1555  on the performances of participants in collegiate, high school,
 1556  or youth sporting events.
 1557         (c)“Fantasy contest operator” means a person or an entity,
 1558  including any employee or agent, that offers or conducts a
 1559  fantasy contest with an entry fee for a cash prize or award and
 1560  that is not a participant in the fantasy contest.
 1561         (2)EXEMPTIONS.—The Department of Business and Professional
 1562  Regulation may not regulate and the offenses established in s.
 1563  849.01, s. 849.08, s. 849.09, s. 849.11, s. 849.14, and s.
 1564  849.25 do not include or apply to a fantasy contest operated or
 1565  conducted by a:
 1566         (a) Fantasy contest operator.
 1567         (b) Natural person who is a participant in the fantasy
 1568  contest, serves as the commissioner of not more than 10 fantasy
 1569  contests in a calendar year, and distributes all entry fees for
 1570  the fantasy contest as prizes or awards to the participants in
 1571  that fantasy contest.
 1572         Section 4. Subsections (1) and (3) of section 550.01215,
 1573  Florida Statutes, are amended to read:
 1574         550.01215 License application; periods of operation; bond,
 1575  conversion of permit.—
 1576         (1) Each permitholder shall annually, during the period
 1577  between December 15 and January 4, file in writing with the
 1578  division its application for an operating a license to conduct
 1579  pari-mutuel wagering during the next state fiscal year,
 1580  including intertrack and simulcast race wagering for greyhound
 1581  racing permitholders, harness horse racing permitholders,
 1582  quarter horse racing permitholders, and jai alai permitholders
 1583  that do not to conduct live performances during the next state
 1584  fiscal year. Each application for live performances must shall
 1585  specify the number, dates, and starting times of all live
 1586  performances that which the permitholder intends to conduct. It
 1587  must shall also specify which performances will be conducted as
 1588  charity or scholarship performances.
 1589         (a)In addition, Each application for an operating a
 1590  license also must shall include:,
 1591         1. For each permitholder, whether the permitholder intends
 1592  to accept wagers on intertrack or simulcast events.
 1593         2.For each permitholder that elects which elects to
 1594  operate a cardroom, the dates and periods of operation the
 1595  permitholder intends to operate the cardroom. or,
 1596         3. For each thoroughbred racing permitholder that which
 1597  elects to receive or rebroadcast out-of-state races after 7
 1598  p.m., the dates for all performances which the permitholder
 1599  intends to conduct.
 1600         (b)A greyhound racing permitholder that conducted a full
 1601  schedule of live racing for a period of at least 10 consecutive
 1602  state fiscal years after the 1996-1997 state fiscal year, or
 1603  that converted its permit to a permit to conduct greyhound
 1604  racing after the 1996-1997 state fiscal year, may specify in its
 1605  application for an operating license that it does not intend to
 1606  conduct live racing, or that it intends to conduct less than a
 1607  full schedule of live racing, in the next state fiscal year. A
 1608  greyhound racing permitholder may retain its permit; is a pari
 1609  mutuel facility as defined in s. 550.002(23); if such
 1610  permitholder has been issued a slot machine license, the
 1611  facility where such permit is located remains an eligible
 1612  facility as defined in s. 551.102(4), continues to be eligible
 1613  for a slot machine license, and is exempt from ss. 551.104(3)
 1614  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1615  required, to be a guest track for purposes of intertrack
 1616  wagering and simulcasting pursuant to ss. 550.3551, 550.615, and
 1617  550.6305; and remains eligible for a cardroom license
 1618  notwithstanding any requirement in s. 849.086 for the conduct of
 1619  live performances. A greyhound racing permitholder may receive
 1620  an operating license to conduct pari-mutuel wagering activities
 1621  at another permitholder’s greyhound racing facility pursuant to
 1622  s. 550.475.
 1623         (c) A jai alai permitholder, harness horse racing
 1624  permitholder, or a quarter horse racing permitholder that has
 1625  conducted live racing or games for at least 5 years irrevocably
 1626  may elect not to conduct live racing or games if the election is
 1627  made within 30 days after the effective date of this act. A
 1628  permitholder that makes such election may retain its permit; is
 1629  a pari-mutuel facility as defined in s. 550.002(23); if such
 1630  permitholder has been issued a slot machine license, the
 1631  facility where such permit is located remains an eligible
 1632  facility as defined in s. 551.102(4), continues to be eligible
 1633  for a slot machine license, and is exempt from ss. 551.104(3)
 1634  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1635  required, to be a guest track and, if the permitholder is a
 1636  harness horse racing permitholder, to be a host track for
 1637  purposes of intertrack wagering and simulcasting pursuant to ss.
 1638  550.3551, 550.615, 550.625, and 550.6305; and remains eligible
 1639  for a cardroom license notwithstanding any requirement in s.
 1640  849.086 to conduct live performances.
 1641         (d) Permitholders may shall be entitled to amend their
 1642  applications through February 28.
 1643         (3) The division shall issue each license no later than
 1644  March 15. Each permitholder shall operate all performances at
 1645  the date and time specified on its license. The division shall
 1646  have the authority to approve minor changes in racing dates
 1647  after a license has been issued. The division may approve
 1648  changes in racing dates after a license has been issued when
 1649  there is no objection from any operating permitholder located
 1650  within 50 miles of the permitholder requesting the changes in
 1651  operating dates. In the event of an objection, the division
 1652  shall approve or disapprove the change in operating dates based
 1653  upon the impact on operating permitholders located within 50
 1654  miles of the permitholder requesting the change in operating
 1655  dates. In making the determination to change racing dates, the
 1656  division shall take into consideration the impact of such
 1657  changes on state revenues. Notwithstanding any other provision
 1658  of law, and for the 2018-2019 fiscal year only, the division may
 1659  approve changes in racing dates for permitholders if the request
 1660  for such changes is received before May 31, 2018.
 1661         Section 5. Subsections (9), (13), (14), and paragraph (a)
 1662  of subsection (11) of section 550.054, Florida Statutes, are
 1663  amended to read:
 1664         550.054 Application for permit to conduct pari-mutuel
 1665  wagering.—
 1666         (9)(a) After a permit has been granted by the division and
 1667  has been ratified and approved by the majority of the electors
 1668  participating in the election in the county designated in the
 1669  permit, the division shall grant to the lawful permitholder,
 1670  subject to the conditions of this chapter, a license to conduct
 1671  pari-mutuel operations under this chapter, and, except as
 1672  provided in s. 550.5251, the division shall fix annually the
 1673  time, place, and number of days during which pari-mutuel
 1674  operations may be conducted by the permitholder at the location
 1675  fixed in the permit and ratified in the election. After the
 1676  first license has been issued to the holder of a ratified permit
 1677  for racing in any county, all subsequent annual applications for
 1678  a license by that permitholder must be accompanied by proof, in
 1679  such form as the division requires, that the ratified
 1680  permitholder still possesses all the qualifications prescribed
 1681  by this chapter and that the permit has not been recalled at a
 1682  later election held in the county.
 1683         (b) The division may revoke or suspend any permit or
 1684  license issued under this chapter upon a the willful violation
 1685  by the permitholder or licensee of any provision of chapter 551,
 1686  chapter 849, or this chapter or rules of any rule adopted
 1687  pursuant to those chapters. With the exception of the revocation
 1688  of permits required in paragraphs (c) and (e) under this
 1689  chapter. In lieu of suspending or revoking a permit or license,
 1690  the division, in lieu of suspending or revoking a permit or
 1691  license, may impose a civil penalty against the permitholder or
 1692  licensee for a violation of this chapter or rules adopted
 1693  pursuant thereto any rule adopted by the division. The penalty
 1694  so imposed may not exceed $1,000 for each count or separate
 1695  offense. All penalties imposed and collected must be deposited
 1696  with the Chief Financial Officer to the credit of the General
 1697  Revenue Fund.
 1698         (c)1.The division shall revoke the permit of any
 1699  permitholder that fails to make payments due pursuant to chapter
 1700  550, chapter 551, or s. 849.086 for more than 24 consecutive
 1701  months unless such failure was the direct result of fire,
 1702  strike, war, or other disaster or event beyond the
 1703  permitholder’s control. Financial hardship to the permitholder
 1704  does not, in and of itself, constitute just cause for failure to
 1705  make payments.
 1706         2.The division shall revoke the permit of any permitholder
 1707  that has not obtained an operating license in accordance with s.
 1708  550.01215 for a period of more than 24 consecutive months after
 1709  June 30, 2012. The division shall revoke the permit upon
 1710  adequate notice to the permitholder. Financial hardship to the
 1711  permitholder does not, in and of itself, constitute just cause
 1712  for failure to operate.
 1713         (d)A new permit to conduct pari-mutuel wagering may not be
 1714  approved or issued after January 1, 2018.
 1715         (e)A permit revoked under this subsection is void and may
 1716  not be reissued.
 1717         (11)(a) A permit granted under this chapter may not be
 1718  transferred or assigned except upon written approval by the
 1719  division pursuant to s. 550.1815, except that the holder of any
 1720  permit that has been converted to a jai alai permit may lease or
 1721  build anywhere within the county in which its permit is located.
 1722         (13)(a) Notwithstanding any provisions of this chapter or
 1723  chapter 551, a pari-mutuel no thoroughbred horse racing permit
 1724  or license issued under this chapter may not shall be
 1725  transferred, or reissued when such reissuance is in the nature
 1726  of a transfer so as to permit or authorize a licensee to change
 1727  the location of a pari-mutuel facility, or a cardroom or slot
 1728  machine facility, except through the relocation of the pari
 1729  mutuel permit pursuant to s. 550.0555 thoroughbred horse
 1730  racetrack except upon proof in such form as the division may
 1731  prescribe that a referendum election has been held:
 1732         1.If the proposed new location is within the same county
 1733  as the already licensed location, in the county where the
 1734  licensee desires to conduct the race meeting and that a majority
 1735  of the electors voting on that question in such election voted
 1736  in favor of the transfer of such license.
 1737         2.If the proposed new location is not within the same
 1738  county as the already licensed location, in the county where the
 1739  licensee desires to conduct the race meeting and in the county
 1740  where the licensee is already licensed to conduct the race
 1741  meeting and that a majority of the electors voting on that
 1742  question in each such election voted in favor of the transfer of
 1743  such license.
 1744         (b)Each referendum held under the provisions of this
 1745  subsection shall be held in accordance with the electoral
 1746  procedures for ratification of permits, as provided in s.
 1747  550.0651. The expense of each such referendum shall be borne by
 1748  the licensee requesting the transfer.
 1749         (14)(a)Notwithstanding any other provision of law, a pari
 1750  mutuel permit, cardroom, or slot machine facility may not be
 1751  relocated, and a pari-mutuel permit may not be converted to
 1752  another class of permit. Any holder of a permit to conduct jai
 1753  alai may apply to the division to convert such permit to a
 1754  permit to conduct greyhound racing in lieu of jai alai if:
 1755         1.Such permit is located in a county in which the division
 1756  has issued only two pari-mutuel permits pursuant to this
 1757  section;
 1758         2.Such permit was not previously converted from any other
 1759  class of permit; and
 1760         3.The holder of the permit has not conducted jai alai
 1761  games during a period of 10 years immediately preceding his or
 1762  her application for conversion under this subsection.
 1763         (b)The division, upon application from the holder of a jai
 1764  alai permit meeting all conditions of this section, shall
 1765  convert the permit and shall issue to the permitholder a permit
 1766  to conduct greyhound racing. A permitholder of a permit
 1767  converted under this section shall be required to apply for and
 1768  conduct a full schedule of live racing each fiscal year to be
 1769  eligible for any tax credit provided by this chapter. The holder
 1770  of a permit converted pursuant to this subsection or any holder
 1771  of a permit to conduct greyhound racing located in a county in
 1772  which it is the only permit issued pursuant to this section who
 1773  operates at a leased facility pursuant to s. 550.475 may move
 1774  the location for which the permit has been issued to another
 1775  location within a 30-mile radius of the location fixed in the
 1776  permit issued in that county, provided the move does not cross
 1777  the county boundary and such location is approved under the
 1778  zoning regulations of the county or municipality in which the
 1779  permit is located, and upon such relocation may use the permit
 1780  for the conduct of pari-mutuel wagering and the operation of a
 1781  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1782  apply to any permit converted under this subsection and shall
 1783  continue to apply to any permit which was previously included
 1784  under and subject to such provisions before a conversion
 1785  pursuant to this section occurred.
 1786         Section 6. Section 550.0745, Florida Statutes, is repealed.
 1787         Section 7. Subsection (3) of section 550.09512, Florida
 1788  Statutes, is amended to read:
 1789         550.09512 Harness horse taxes; abandoned interest in a
 1790  permit for nonpayment of taxes.—
 1791         (3)(a) The division shall revoke the permit of a harness
 1792  horse racing permitholder who does not pay tax on handle for
 1793  live harness horse performances for a full schedule of live
 1794  races for more than 24 consecutive months during any 2
 1795  consecutive state fiscal years shall be void and shall escheat
 1796  to and become the property of the state unless such failure to
 1797  operate and pay tax on handle was the direct result of fire,
 1798  strike, war, or other disaster or event beyond the ability of
 1799  the permitholder to control. Financial hardship to the
 1800  permitholder does shall not, in and of itself, constitute just
 1801  cause for failure to operate and pay tax on handle. A permit
 1802  revoked under this subsection is void and may not be reissued.
 1803         (b)In order to maximize the tax revenues to the state, the
 1804  division shall reissue an escheated harness horse permit to a
 1805  qualified applicant pursuant to the provisions of this chapter
 1806  as for the issuance of an initial permit. However, the
 1807  provisions of this chapter relating to referendum requirements
 1808  for a pari-mutuel permit shall not apply to the reissuance of an
 1809  escheated harness horse permit. As specified in the application
 1810  and upon approval by the division of an application for the
 1811  permit, the new permitholder shall be authorized to operate a
 1812  harness horse facility anywhere in the same county in which the
 1813  escheated permit was authorized to be operated, notwithstanding
 1814  the provisions of s. 550.054(2) relating to mileage limitations.
 1815         Section 8. Subsections (3) and (7) of section 550.09515,
 1816  Florida Statutes, are amended to read:
 1817         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1818  permit for nonpayment of taxes.—
 1819         (3)(a) The division shall revoke the permit of a
 1820  thoroughbred racing horse permitholder that who does not pay tax
 1821  on handle for live thoroughbred horse performances for a full
 1822  schedule of live races for more than 24 consecutive months
 1823  during any 2 consecutive state fiscal years shall be void and
 1824  shall escheat to and become the property of the state unless
 1825  such failure to operate and pay tax on handle was the direct
 1826  result of fire, strike, war, or other disaster or event beyond
 1827  the ability of the permitholder to control. Financial hardship
 1828  to the permitholder does shall not, in and of itself, constitute
 1829  just cause for failure to operate and pay tax on handle. A
 1830  permit revoked under this subsection is void and may not be
 1831  reissued.
 1832         (b)In order to maximize the tax revenues to the state, the
 1833  division shall reissue an escheated thoroughbred horse permit to
 1834  a qualified applicant pursuant to the provisions of this chapter
 1835  as for the issuance of an initial permit. However, the
 1836  provisions of this chapter relating to referendum requirements
 1837  for a pari-mutuel permit shall not apply to the reissuance of an
 1838  escheated thoroughbred horse permit. As specified in the
 1839  application and upon approval by the division of an application
 1840  for the permit, the new permitholder shall be authorized to
 1841  operate a thoroughbred horse facility anywhere in the same
 1842  county in which the escheated permit was authorized to be
 1843  operated, notwithstanding the provisions of s. 550.054(2)
 1844  relating to mileage limitations.
 1845         (7)If a thoroughbred permitholder fails to operate all
 1846  performances on its 2001-2002 license, failure to pay tax on
 1847  handle for a full schedule of live races for those performances
 1848  in the 2001-2002 fiscal year does not constitute failure to pay
 1849  taxes on handle for a full schedule of live races in a fiscal
 1850  year for the purposes of subsection (3). This subsection may not
 1851  be construed as forgiving a thoroughbred permitholder from
 1852  paying taxes on performances conducted at its facility pursuant
 1853  to its 2001-2002 license other than for failure to operate all
 1854  performances on its 2001-2002 license. This subsection expires
 1855  July 1, 2003.
 1856         Section 9. Section 550.3345, Florida Statutes, is amended
 1857  to read:
 1858         550.3345 Conversion of quarter horse permit to a Limited
 1859  thoroughbred racing permit.—
 1860         (1) In recognition of the important and long-standing
 1861  economic contribution of the thoroughbred horse breeding
 1862  industry to this state and the state’s vested interest in
 1863  promoting the continued viability of this agricultural activity,
 1864  the state intends to provide a limited opportunity for the
 1865  conduct of live thoroughbred horse racing with the net revenues
 1866  from such racing dedicated to the enhancement of thoroughbred
 1867  purses and breeders’, stallion, and special racing awards under
 1868  this chapter; the general promotion of the thoroughbred horse
 1869  breeding industry; and the care in this state of thoroughbred
 1870  horses retired from racing.
 1871         (2) A limited thoroughbred racing permit previously
 1872  converted from Notwithstanding any other provision of law, the
 1873  holder of a quarter horse racing permit pursuant to chapter
 1874  2010-29, Laws of Florida, issued under s. 550.334 may only be
 1875  held by, within 1 year after the effective date of this section,
 1876  apply to the division for a transfer of the quarter horse racing
 1877  permit to a not-for-profit corporation formed under state law to
 1878  serve the purposes of the state as provided in subsection (1).
 1879  The board of directors of the not-for-profit corporation must be
 1880  composed comprised of 11 members, 4 of whom shall be designated
 1881  by the applicant, 4 of whom shall be designated by the Florida
 1882  Thoroughbred Breeders’ Association, and 3 of whom shall be
 1883  designated by the other 8 directors, with at least 1 of these 3
 1884  members being an authorized representative of another
 1885  thoroughbred racing permitholder in this state. A limited
 1886  thoroughbred racing The not-for-profit corporation shall submit
 1887  an application to the division for review and approval of the
 1888  transfer in accordance with s. 550.054. Upon approval of the
 1889  transfer by the division, and notwithstanding any other
 1890  provision of law to the contrary, the not-for-profit corporation
 1891  may, within 1 year after its receipt of the permit, request that
 1892  the division convert the quarter horse racing permit to a permit
 1893  authorizing the holder to conduct pari-mutuel wagering meets of
 1894  thoroughbred racing. Neither the transfer of the quarter horse
 1895  racing permit nor its conversion to a limited thoroughbred
 1896  permit shall be subject to the mileage limitation or the
 1897  ratification election as set forth under s. 550.054(2) or s.
 1898  550.0651. Upon receipt of the request for such conversion, the
 1899  division shall timely issue a converted permit. The converted
 1900  permit and the not-for-profit corporation are shall be subject
 1901  to the following requirements:
 1902         (a) All net revenues derived by the not-for-profit
 1903  corporation under the thoroughbred horse racing permit, after
 1904  the funding of operating expenses and capital improvements,
 1905  shall be dedicated to the enhancement of thoroughbred purses and
 1906  breeders’, stallion, and special racing awards under this
 1907  chapter; the general promotion of the thoroughbred horse
 1908  breeding industry; and the care in this state of thoroughbred
 1909  horses retired from racing.
 1910         (b) From December 1 through April 30, no live thoroughbred
 1911  racing may not be conducted under the permit on any day during
 1912  which another thoroughbred racing permitholder is conducting
 1913  live thoroughbred racing within 125 air miles of the not-for
 1914  profit corporation’s pari-mutuel facility unless the other
 1915  thoroughbred racing permitholder gives its written consent.
 1916         (c) After the conversion of the quarter horse racing permit
 1917  and the issuance of its initial license to conduct pari-mutuel
 1918  wagering meets of thoroughbred racing, the not-for-profit
 1919  corporation shall annually apply to the division for a license
 1920  pursuant to s. 550.5251.
 1921         (d) Racing under the permit may take place only at the
 1922  location for which the original quarter horse racing permit was
 1923  issued, which may be leased by the not-for-profit corporation
 1924  for that purpose; however, the not-for-profit corporation may,
 1925  without the conduct of any ratification election pursuant to s.
 1926  550.054(13) or s. 550.0651, move the location of the permit to
 1927  another location in the same county provided that such
 1928  relocation is approved under the zoning and land use regulations
 1929  of the applicable county or municipality.
 1930         (e) A limited thoroughbred racing No permit may not be
 1931  transferred converted under this section is eligible for
 1932  transfer to another person or entity.
 1933         (3) Unless otherwise provided in this section, after
 1934  conversion, the permit and the not-for-profit corporation shall
 1935  be treated under the laws of this state as a thoroughbred racing
 1936  permit and as a thoroughbred racing permitholder, respectively,
 1937  with the exception of ss. 550.054(9)(c) and 550.09515(3) s.
 1938  550.09515(3).
 1939         Section 10. Paragraph (c) of subsection (4) of section
 1940  551.104, Florida Statutes, is amended to read:
 1941         551.104 License to conduct slot machine gaming.—
 1942         (4) As a condition of licensure and to maintain continued
 1943  authority for the conduct of slot machine gaming, a the slot
 1944  machine licensee shall:
 1945         (c)1. Conduct no less fewer than a full schedule of live
 1946  racing or games as defined in s. 550.002(11), unless conducting
 1947  less than a full schedule of live racing or games pursuant to s.
 1948  550.01215(1)(b) or (c). A permitholder’s responsibility to
 1949  conduct a full schedule such number of live races or games, as
 1950  defined in s. 550.002(11), shall be reduced by the number of
 1951  races or games that could not be conducted due to the direct
 1952  result of fire, war, hurricane, or other disaster or event
 1953  beyond the control of the permitholder. A permitholder may
 1954  conduct live races or games at another pari-mutuel facility
 1955  pursuant to s. 550.475 if such permitholder has operated its
 1956  live races or games by lease for at least 5 consecutive years
 1957  immediately prior to the permitholder’s application for a slot
 1958  machine license.
 1959         2.a. If not licensed to conduct a full schedule of live
 1960  racing or games, as defined in s. 550.002(11), pursuant to s.
 1961  550.01215(1)(b) or (c), remit each month to each qualified
 1962  thoroughbred permitholder, by electronic funds transfer, an
 1963  amount equal to one-twelfth of the lesser of $1.5 million or
 1964  2.75 percent of its slot machine revenues from the previous
 1965  state fiscal year, divided by the total number of qualified
 1966  thoroughbred permitholders for the applicable state fiscal year.
 1967  Qualified thoroughbred permitholders shall use such payments
 1968  exclusively for purses and awards for live thoroughbred horse
 1969  races held at the qualified thoroughbred permitholder’s racing
 1970  facility. For the purposes of this subparagraph, the term
 1971  “qualified thoroughbred permitholder” means a thoroughbred
 1972  permitholder conducting, in the applicable state fiscal year, no
 1973  less than a full schedule of live racing or games, as defined in
 1974  s. 550.002(11), and no fewer live thoroughbred horse racing
 1975  performances than such permitholder conducted in state fiscal
 1976  year 2017-2018. The term does not include a permitholder whose
 1977  permit was issued pursuant to s. 550.3345 or a permitholder
 1978  leasing at another thoroughbred permitholder’s facility pursuant
 1979  to s. 550.475.
 1980         b.The division shall notify each slot machine licensee
 1981  required to remit such payments, not later than 15 days after
 1982  issuing the slot machine license, of the qualified thoroughbred
 1983  permitholders to which such payments must be paid. Each
 1984  qualified thoroughbred permitholder shall provide each slot
 1985  machine licensee required to remit payments pursuant to this
 1986  subparagraph with written instructions for transmitting such
 1987  electronic payments. Such payments shall be remitted to each
 1988  qualified thoroughbred permitholder on the fifth day of each
 1989  calendar month. If the fifth day of the calendar month falls on
 1990  a weekend, such payment shall be remitted on the first Monday
 1991  following the weekend.
 1992         c. A qualified thoroughbred permitholder receiving funds
 1993  under this subparagraph shall remit, within 10 days after
 1994  receipt, 10 percent of those funds to the Florida Thoroughbred
 1995  Breeders’ Association, Inc., for the payment of breeders’,
 1996  stallion, and special racing awards, subject to the fee
 1997  authorized in s. 550.2625(3).
 1998         Section 11. Subsections (1), (2), and (4) of section
 1999  551.106, Florida Statutes, are amended to read:
 2000         551.106 License fee; tax rate; penalties.—
 2001         (1) LICENSE FEE.—
 2002         (a) Upon submission of the initial application for a slot
 2003  machine license, and annually thereafter, on the anniversary
 2004  date of the issuance of the initial license, the licensee must
 2005  pay to the division a nonrefundable license fee of $3 million
 2006  for the succeeding 12 months of licensure. In the 2010-2011
 2007  fiscal year, the licensee must pay the division a nonrefundable
 2008  license fee of $2.5 million for the succeeding 12 months of
 2009  licensure. In the 2011-2012 fiscal year and for every fiscal
 2010  year thereafter, the licensee must pay the division a
 2011  nonrefundable license fee of $2 million for the succeeding 12
 2012  months of licensure. The license fee must shall be deposited
 2013  into the Pari-mutuel Wagering Trust Fund of the Department of
 2014  Business and Professional Regulation to be used by the division
 2015  and the Department of Law Enforcement for investigations,
 2016  regulation of slot machine gaming, and enforcement of slot
 2017  machine gaming provisions under this chapter. These payments
 2018  must shall be accounted for separately from taxes or fees paid
 2019  pursuant to the provisions of chapter 550.
 2020         (b) Prior to January 1, 2007, the division shall evaluate
 2021  the license fee and shall make recommendations to the President
 2022  of the Senate and the Speaker of the House of Representatives
 2023  regarding the optimum level of slot machine license fees in
 2024  order to adequately support the slot machine regulatory program.
 2025         (2) TAX ON SLOT MACHINE REVENUES.—
 2026         (a)1. The tax rate on slot machine revenues at each
 2027  facility is shall be 35 percent. Effective January 1, 2019, the
 2028  tax rate on slot machine revenues at each facility is 30
 2029  percent. Effective July 1, 2020, the tax rate on slot machine
 2030  revenues at each facility is 25 percent.
 2031         2.a. If, during any state fiscal year, the aggregate amount
 2032  of tax paid to the state by all slot machine licensees in
 2033  Broward and Miami-Dade Counties is less than the aggregate
 2034  amount of tax paid to the state by all slot machine licensees in
 2035  those counties in the 2017-2018 2008-2009 fiscal year, each slot
 2036  machine licensee shall pay to the state within 45 days after the
 2037  end of the state fiscal year a surcharge equal to its pro rata
 2038  share of an amount equal to the difference between the aggregate
 2039  amount of tax paid to the state by all slot machine licensees in
 2040  the 2008-2009 fiscal year and the amount of tax paid during the
 2041  fiscal year.
 2042         b. The amount of the surcharge to be paid by each such
 2043  licensee must be calculated by dividing the aggregate amount of
 2044  slot machine taxes paid to the state by all such slot machine
 2045  licensees in the 2017-2018 fiscal year by the aggregate amount
 2046  of slot machine taxes paid by all such licensees during the
 2047  applicable state fiscal year, multiplying the result by the
 2048  amount of slot machine taxes paid by the licensee during the
 2049  applicable state fiscal year, and then subtracting from that
 2050  product the amount of slot machine taxes paid by the licensee
 2051  during the applicable state fiscal year. However, the sum of the
 2052  taxes paid by a licensee pursuant to subparagraph 1. and any
 2053  surcharge due from the licensee may not exceed 35 percent of the
 2054  slot machine revenue of that licensee in the applicable state
 2055  fiscal year Each licensee’s pro rata share shall be an amount
 2056  determined by dividing the number 1 by the number of facilities
 2057  licensed to operate slot machines during the applicable fiscal
 2058  year, regardless of whether the facility is operating such
 2059  machines.
 2060         (b) The slot machine revenue tax imposed by this section
 2061  must shall be paid to the division for deposit into the Pari
 2062  mutuel Wagering Trust Fund for immediate transfer by the Chief
 2063  Financial Officer for deposit into the Educational Enhancement
 2064  Trust Fund of the Department of Education. Any interest earnings
 2065  on the tax revenues must shall also be transferred to the
 2066  Educational Enhancement Trust Fund.
 2067         (c)1. Funds transferred to the Educational Enhancement
 2068  Trust Fund under paragraph (b) must shall be used to supplement
 2069  public education funding statewide.
 2070         2. If necessary to comply with any covenant established
 2071  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2072  funds transferred to the Educational Enhancement Trust Fund
 2073  under paragraph (b) must shall first be available to pay debt
 2074  service on lottery bonds issued to fund school construction in
 2075  the event lottery revenues are insufficient for such purpose or
 2076  to satisfy debt service reserve requirements established in
 2077  connection with lottery bonds. Moneys available pursuant to this
 2078  subparagraph are subject to annual appropriation by the
 2079  Legislature.
 2080         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 2081  fails to make tax and any applicable surcharge payments as
 2082  required under this section is subject to an administrative
 2083  penalty of up to $10,000 for each day the tax payment is not
 2084  remitted. All administrative penalties imposed and collected
 2085  must shall be deposited into the Pari-mutuel Wagering Trust Fund
 2086  of the Department of Business and Professional Regulation. If
 2087  any slot machine licensee fails to pay penalties imposed by
 2088  order of the division under this subsection, the division may
 2089  deny, suspend, revoke, or refuse to renew the license of the
 2090  permitholder or slot machine licensee.
 2091         Section 12. Present subsections (9) through (17) of section
 2092  849.086, Florida Statutes, are redesignated as subsections (10)
 2093  through (18), respectively, a new subsection (9) is added to
 2094  that section, subsections (1) and (2) of that section are
 2095  amended, paragraph (g) is added to subsection (4) of that
 2096  section, and paragraph (b) of subsection (5), paragraph (c) of
 2097  subsection (7), paragraph (a) of subsection (8), present
 2098  subsection (12), and paragraphs (d) and (h) of present
 2099  subsection (13) are amended, to read:
 2100         849.086 Cardrooms authorized.—
 2101         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2102  to provide additional entertainment choices for the residents of
 2103  and visitors to the state, promote tourism in the state, provide
 2104  revenues to support the continuation of live pari-mutuel
 2105  activity, and provide additional state revenues through the
 2106  authorization of the playing of certain games in the state at
 2107  facilities known as cardrooms which are to be located at
 2108  licensed pari-mutuel facilities. To ensure the public confidence
 2109  in the integrity of authorized cardroom operations, this act is
 2110  designed to strictly regulate the facilities, persons, and
 2111  procedures related to cardroom operations. Furthermore, the
 2112  Legislature finds that authorized games of poker and dominoes as
 2113  herein defined are considered to be pari-mutuel style games and
 2114  not casino gaming because the participants play against each
 2115  other instead of against the house.
 2116         (2) DEFINITIONS.—As used in this section:
 2117         (a) “Authorized game” means a game or series of games of
 2118  poker, including designated player games, played in conformance
 2119  with this section and in a manner consistent with the rules and
 2120  requirements specified in the 1974 edition of Hoyle’s Modern
 2121  Encyclopedia of Card Games: Rules of All the Basic Games and
 2122  Popular Variations and including three card poker, or dominoes
 2123  played in conformance with this section or dominoes which are
 2124  played in a nonbanking manner.
 2125         (b) “Banking game” means a game in which the house is a
 2126  participant in the game, taking on players, paying winners, and
 2127  collecting from losers or in which the cardroom establishes a
 2128  bank against which participants play. A designated player game
 2129  is not a banking game.
 2130         (c) “Cardroom” means a facility where authorized games are
 2131  played for money or anything of value and to which the public is
 2132  invited to participate in such games and charged a fee for
 2133  participation by the operator of such facility. Authorized games
 2134  and cardrooms do not constitute casino gaming operations if
 2135  conducted at an eligible facility.
 2136         (d) “Cardroom management company” means any individual not
 2137  an employee of the cardroom operator, any proprietorship,
 2138  partnership, corporation, or other entity that enters into an
 2139  agreement with a cardroom operator to manage, operate, or
 2140  otherwise control the daily operation of a cardroom.
 2141         (e) “Cardroom distributor” means any business that
 2142  distributes cardroom paraphernalia such as card tables, betting
 2143  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2144  banking supplies, playing cards, card shufflers, and other
 2145  associated equipment to authorized cardrooms.
 2146         (f) “Cardroom operator” means a licensed pari-mutuel
 2147  permitholder that which holds a valid permit and license issued
 2148  by the division pursuant to chapter 550 and which also holds a
 2149  valid cardroom license issued by the division pursuant to this
 2150  section which authorizes such person to operate a cardroom and
 2151  to conduct authorized games in such cardroom.
 2152         (g)“Designated player” means the player identified for
 2153  each game by a button that rotates clockwise before each hand
 2154  begins as the player in the dealer position and seated at a
 2155  traditional player position in a designated player game who pays
 2156  winning players and collects from losing players.
 2157         (h)“Designated player game” means a game in which the
 2158  players compare their cards only to the cards of the designated
 2159  player or to a combination of cards held by the designated
 2160  player and cards common and available for play by all players.
 2161         (i)(g) “Division” means the Division of Pari-mutuel
 2162  Wagering of the Department of Business and Professional
 2163  Regulation.
 2164         (j)(h) “Dominoes” means a game of dominoes typically played
 2165  with a set of 28 flat rectangular blocks, called “bones,” which
 2166  are marked on one side and divided into two equal parts, with
 2167  zero to six dots, called “pips,” in each part. The term also
 2168  includes larger sets of blocks that contain a correspondingly
 2169  higher number of pips. The term also means the set of blocks
 2170  used to play the game.
 2171         (k)(i) “Gross receipts” means the total amount of money
 2172  received by a cardroom from any person for participation in
 2173  authorized games.
 2174         (l)(j) “House” means the cardroom operator and all
 2175  employees of the cardroom operator.
 2176         (m)(k) “Net proceeds” means the total amount of gross
 2177  receipts received by a cardroom operator from cardroom
 2178  operations less direct operating expenses related to cardroom
 2179  operations, including labor costs, admission taxes only if a
 2180  separate admission fee is charged for entry to the cardroom
 2181  facility, gross receipts taxes imposed on cardroom operators by
 2182  this section, the annual cardroom license fees imposed by this
 2183  section on each table operated at a cardroom, and reasonable
 2184  promotional costs excluding officer and director compensation,
 2185  interest on capital debt, legal fees, real estate taxes, bad
 2186  debts, contributions or donations, or overhead and depreciation
 2187  expenses not directly related to the operation of the cardrooms.
 2188         (n)(l) “Rake” means a set fee or percentage of the pot
 2189  assessed by a cardroom operator for providing the services of a
 2190  dealer, table, or location for playing the authorized game.
 2191         (o)(m) “Tournament” means a series of games that have more
 2192  than one betting round involving one or more tables and where
 2193  the winners or others receive a prize or cash award.
 2194         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 2195  Wagering of the Department of Business and Professional
 2196  Regulation shall administer this section and regulate the
 2197  operation of cardrooms under this section and the rules adopted
 2198  pursuant thereto, and is hereby authorized to:
 2199         (g) Establish a reasonable period to respond to requests
 2200  from a licensed cardroom; provided however, the division has a
 2201  maximum of 45 days to approve:
 2202         1. A cardroom’s internal controls or provide the cardroom
 2203  with a list of deficiencies as to the internal controls.
 2204         2. Rules for a new authorized game submitted by a licensed
 2205  cardroom or provide the cardroom with a list of deficiencies as
 2206  to those rules.
 2207  
 2208  No later than 10 days after the submission of revised internal
 2209  controls or revised rules addressing the deficiencies identified
 2210  by the division, the division must review and approve or reject
 2211  the revised internal controls or revised rules.
 2212         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2213  operate a cardroom in this state unless such person holds a
 2214  valid cardroom license issued pursuant to this section.
 2215         (b) After the initial cardroom license is granted, the
 2216  application for the annual license renewal shall be made in
 2217  conjunction with the applicant’s annual application for its
 2218  pari-mutuel license. If a permitholder has operated a cardroom
 2219  during any of the 3 previous fiscal years and fails to include a
 2220  renewal request for the operation of the cardroom in its annual
 2221  application for license renewal, the permitholder may amend its
 2222  annual application to include operation of the cardroom. In
 2223  order for a cardroom license to be renewed the applicant must
 2224  have requested, as part of its pari-mutuel annual license
 2225  application, to conduct at least 90 percent of the total number
 2226  of live performances conducted by such permitholder during
 2227  either the state fiscal year in which its initial cardroom
 2228  license was issued or the state fiscal year immediately prior
 2229  thereto if the permitholder ran at least a full schedule of live
 2230  racing or games in the prior year. If the application is for a
 2231  harness permitholder cardroom, the applicant must have requested
 2232  authorization to conduct a minimum of 140 live performances
 2233  during the state fiscal year immediately prior thereto. If more
 2234  than one permitholder is operating at a facility, each
 2235  permitholder must have applied for a license to conduct a full
 2236  schedule of live racing.
 2237         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2238         (c) A cardroom operator must at all times employ and
 2239  provide a nonplaying live dealer at for each table on which
 2240  authorized card games which traditionally use a dealer are
 2241  conducted at the cardroom. Such dealers may not have a
 2242  participatory interest in any game other than the dealing of
 2243  cards and may not have an interest in the outcome of the game.
 2244  The providing of such dealers by a licensee does not constitute
 2245  the conducting of a banking game by the cardroom operator.
 2246         (8) METHOD OF WAGERS; LIMITATION.—
 2247         (a) No Wagering may not be conducted using money or other
 2248  negotiable currency. Games may only be played utilizing a
 2249  wagering system whereby all players’ money is first converted by
 2250  the house to tokens or chips that may which shall be used for
 2251  wagering only at that specific cardroom.
 2252         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 2253         (a)A cardroom operator may offer designated player games
 2254  consisting of players making wagers against the designated
 2255  player. However, not more than 50 percent of the total licensed
 2256  tables in a cardroom may offer designated player games. The
 2257  designated player must be licensed pursuant to paragraph (6)(b).
 2258  Employees of a designated player also must be licensed, and the
 2259  designated player shall pay, in addition to the business
 2260  occupational fee established pursuant to paragraph (6)(i), an
 2261  employee occupational license fee that may not exceed $500 per
 2262  employee for any 12-month period.
 2263         (b)A cardroom operator may not serve as a designated
 2264  player in any game. The cardroom operator may not have a
 2265  financial interest in a designated player in any game. A
 2266  cardroom operator may collect a rake in accordance with the rake
 2267  structure posted at the table.
 2268         (c)If there are multiple designated players at a table,
 2269  the dealer button shall be rotated in a clockwise rotation after
 2270  each hand.
 2271         (d)A cardroom operator may not allow a designated player
 2272  to pay an opposing player who holds a lower-ranked hand.
 2273         (e)A designated player may not be required by the rules of
 2274  a game or by the rules of a cardroom to cover more than 10 times
 2275  the maximum wager for players participating in any one game.
 2276         (f)The cardroom, or any cardroom licensee, may not
 2277  contract with, or receive compensation other than a posted table
 2278  rake from, any player to participate in any game to serve as a
 2279  designated player.
 2280         (13)(12) PROHIBITED ACTIVITIES.—
 2281         (a) A No person licensed to operate a cardroom may not
 2282  conduct any banking game or any game not specifically authorized
 2283  by this section.
 2284         (b) A No person who is younger than under 18 years of age
 2285  may not be permitted to hold a cardroom or employee license, or
 2286  to engage in any game conducted therein.
 2287         (c) With the exception of mechanical card shufflers, No
 2288  electronic or mechanical devices, except mechanical card
 2289  shufflers, may not be used to conduct any authorized game in a
 2290  cardroom.
 2291         (d) No Cards, game components, or game implements may not
 2292  be used in playing an authorized game unless they have such has
 2293  been furnished or provided to the players by the cardroom
 2294  operator.
 2295         (14)(13) TAXES AND OTHER PAYMENTS.—
 2296         (d)1. Each greyhound and jai alai permitholder that
 2297  operates a cardroom facility shall use at least 4 percent of
 2298  such permitholder’s cardroom monthly gross receipts to
 2299  supplement greyhound purses and awards or jai alai prize money,
 2300  respectively, during the permitholder’s next ensuing pari-mutuel
 2301  meet.
 2302         2.a. Any permitholder with a cardroom license and
 2303  conducting less than a full schedule of live racing or games, as
 2304  defined in s. 550.002(11), pursuant to s. 550.01215(1)(b) or (c)
 2305  shall remit each month to each qualified thoroughbred
 2306  permitholder, by electronic funds transfer, an amount equal to 4
 2307  percent of its monthly cardroom gross receipts divided by the
 2308  total number of qualified thoroughbred permitholders for a
 2309  license year. Qualified thoroughbred permitholders shall use
 2310  such payments exclusively for purses and awards for live
 2311  thoroughbred horse races held at the qualified thoroughbred
 2312  permitholder’s racing facility. For the purposes of this
 2313  subparagraph, the term “qualified thoroughbred permitholder”
 2314  means a thoroughbred permitholder conducting, in the applicable
 2315  state fiscal year, no less than a full schedule of live racing
 2316  or games, as defined in s. 550.002(11), and no fewer live
 2317  thoroughbred horse racing performances than such permitholder
 2318  conducted in state fiscal year 2017-2018. The term does not
 2319  include a permitholder whose permit was issued pursuant to s.
 2320  550.3345 or a permitholder leasing at another thoroughbred
 2321  permitholder’s facility pursuant to s. 550.475.
 2322         b.The division shall notify each cardroom licensee
 2323  required to remit such payments, not later than 15 days after
 2324  issuing the cardroom license, of the qualified thoroughbred
 2325  permitholders to which such payments must be paid. Each
 2326  qualified thoroughbred permitholder shall provide each cardroom
 2327  licensee required to remit payments pursuant to this
 2328  subparagraph with written instructions for transmitting such
 2329  electronic payments. Such payments shall be remitted to each
 2330  qualified thoroughbred permitholder on the fifth day of each
 2331  calendar month and shall be based upon the preceding month’s
 2332  cardroom activities. If the fifth day of the calendar month
 2333  falls on a weekend, such payment shall be remitted on the first
 2334  Monday following the weekend.
 2335         c.A qualified thoroughbred permitholder receiving funds
 2336  under this subparagraph shall remit, within 10 days after
 2337  receipt, 10 percent of those funds to the Florida Thoroughbred
 2338  Breeders’ Association, Inc., for the payment of breeders’,
 2339  stallion, and special racing awards, subject to the fee
 2340  authorized in s. 550.2625(3).
 2341         3. Each thoroughbred and harness horse racing permitholder
 2342  that operates a cardroom facility shall use at least 50 percent
 2343  of such permitholder’s cardroom monthly net proceeds as follows:
 2344  47 percent to supplement purses and 3 percent to supplement
 2345  breeders’ awards during the permitholder’s next ensuing racing
 2346  meet.
 2347         3. No cardroom license or renewal thereof shall be issued
 2348  to an applicant holding a permit under chapter 550 to conduct
 2349  pari-mutuel wagering meets of quarter horse racing unless the
 2350  applicant has on file with the division a binding written
 2351  agreement between the applicant and the Florida Quarter Horse
 2352  Racing Association or the association representing a majority of
 2353  the horse owners and trainers at the applicant’s eligible
 2354  facility, governing the payment of purses on live quarter horse
 2355  races conducted at the licensee’s pari-mutuel facility. The
 2356  agreement governing purses may direct the payment of such purses
 2357  from revenues generated by any wagering or gaming the applicant
 2358  is authorized to conduct under Florida law. All purses shall be
 2359  subject to the terms of chapter 550.
 2360         (h) One-quarter of the moneys deposited into the Pari
 2361  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 2362  October 1 of each year, be distributed to the local government
 2363  that approved the cardroom under subsection (17) (16); however,
 2364  if two or more pari-mutuel racetracks are located within the
 2365  same incorporated municipality, the cardroom funds shall be
 2366  distributed to the municipality. If a pari-mutuel facility is
 2367  situated in such a manner that it is located in more than one
 2368  county, the site of the cardroom facility shall determine the
 2369  location for purposes of disbursement of tax revenues under this
 2370  paragraph. The division shall, by September 1 of each year,
 2371  determine: the amount of taxes deposited into the Pari-mutuel
 2372  Wagering Trust Fund pursuant to this section from each cardroom
 2373  licensee; the location by county of each cardroom; whether the
 2374  cardroom is located in the unincorporated area of the county or
 2375  within an incorporated municipality; and, the total amount to be
 2376  distributed to each eligible county and municipality.
 2377         Section 13. Subsection (1) of section 849.16, Florida
 2378  Statutes, is amended to read:
 2379         849.16 Machines or devices which come within provisions of
 2380  law defined.—
 2381         (1) As used in this chapter, the term “slot machine or
 2382  device” means any machine or device or system or network of
 2383  devices that is adapted for use in such a way that, upon
 2384  activation, which may be achieved by, but is not limited to, the
 2385  insertion of any piece of money, coin, account number, code, or
 2386  other object or information, such device or system is directly
 2387  or indirectly caused to operate or may be operated and if the
 2388  user, whether by application of skill or by reason of any
 2389  element of chance or any other outcome unpredictable by the
 2390  user, regardless of whether the machine or device or system or
 2391  networks of devices includes a preview of the outcome or whether
 2392  the outcome is known, displayed, or capable of being known or
 2393  displayed to the user, may:
 2394         (a) Receive or become entitled to receive any piece of
 2395  money, credit, allowance, or thing of value; , or any check,
 2396  slug, token, or memorandum, whether of value or otherwise, which
 2397  may be exchanged for any money, credit, allowance, or thing of
 2398  value or which may be given in trade; or the opportunity to
 2399  purchase a subsequently displayed outcome that may have a
 2400  monetary value, regardless of whether such value is equal to,
 2401  greater than, or less than the cost of purchasing such outcome;
 2402  or
 2403         (b) Secure additional chances or rights to use such
 2404  machine, apparatus, or device, even though the device or system
 2405  may be available for free play or, in addition to any element of
 2406  chance or unpredictable outcome of such operation, may also
 2407  sell, deliver, or present some merchandise, indication of
 2408  weight, entertainment, or other thing of value. The term “slot
 2409  machine or device” includes, but is not limited to, devices
 2410  regulated as slot machines pursuant to chapter 551.
 2411         Section 14. The Division of Law Revision and Information is
 2412  directed to replace the phrase “the effective date of this act”
 2413  wherever it appears in this act with the date this act becomes a
 2414  law.
 2415         Section 15. This act shall take effect upon becoming a law.
 2416  
 2417  ================= T I T L E  A M E N D M E N T ================
 2418  And the title is amended as follows:
 2419         Delete everything before the enacting clause
 2420  and insert:
 2421                        A bill to be entitled                      
 2422         An act relating to gaming; amending s. 285.710, F.S.;
 2423         authorizing and directing the Governor, in cooperation
 2424         with the Seminole Tribe of Florida, to execute a new
 2425         compact in the form provided; signifying the
 2426         Legislature’s approval and ratification of such
 2427         compact that does not materially alter from the
 2428         approved form; providing terms and conditions for the
 2429         gaming compact; defining terms; authorizing the Tribe
 2430         to operate covered games on its lands in accordance
 2431         with the compact and at specified facilities;
 2432         prohibiting specified games; providing requirements
 2433         for resolution of patron disputes involving gaming,
 2434         tort claims, and employee disputes; providing
 2435         requirements for regulation and enforcement of the
 2436         compact; requiring the state to conduct random
 2437         inspections of tribal facilities; authorizing the
 2438         state to conduct an independent audit; requiring the
 2439         Tribe and commission to comply with specified
 2440         licensing and hearing requirements; requiring the
 2441         Tribe to make specified revenue share payments to the
 2442         state, with reductions authorized under certain
 2443         circumstances; requiring the Tribe to pay an annual
 2444         oversight assessment and annual donation to the
 2445         Florida Council on Compulsive Gaming; specifying that
 2446         certain events do not trigger any remedy under the
 2447         compact or affect the exclusivity provisions of the
 2448         compact; providing for dispute resolution between the
 2449         Tribe and the state; providing construction; providing
 2450         requirements for notice under the compact; providing
 2451         an effective date and termination of the compact;
 2452         providing for execution of the compact; amending s.
 2453         285.712, F.S.; requiring the Governor to provide a
 2454         copy of the executed compact to specified parties and
 2455         direct the Secretary of State to forward a copy to the
 2456         Secretary of the Interior; creating s. 546.13, F.S.;
 2457         defining terms; exempting a fantasy contest from
 2458         certain regulations; amending s. 550.01215, F.S.;
 2459         revising application requirements for a pari-mutuel
 2460         operating license; authorizing a greyhound racing
 2461         permitholder to specify certain intentions on its
 2462         application; providing that a greyhound racing
 2463         permitholder that has been issued a slot machine
 2464         license remains an eligible facility, continues to be
 2465         eligible for a slot machine license, is exempt from
 2466         certain provisions of ch. 551, F.S., is eligible to be
 2467         a guest track for certain purposes, and remains
 2468         eligible for a cardroom license; authorizing a
 2469         greyhound racing permitholder to receive an operating
 2470         license to conduct pari-mutuel wagering activities at
 2471         another permitholder’s greyhound racing facility;
 2472         authorizing certain jai alai permitholders, harness
 2473         horse racing permitholders, or quarter horse racing
 2474         permitholders to elect not to conduct live racing or
 2475         games if the election is made by a specified date;
 2476         specifying that such permitholder may retain its
 2477         permit and remains a pari-mutuel facility; specifying
 2478         that, if such permitholder has been issued a slot
 2479         machine license, the permitholder’s facility remains
 2480         an eligible facility, continues to be eligible for a
 2481         slot machine license, is exempt from certain
 2482         provisions of chs. 550 and 551, F.S., is eligible to
 2483         be a guest track, and if the permitholder is a harness
 2484         horse racing permitholder, a host track for intertrack
 2485         wagering and simulcasting, and remains eligible for a
 2486         cardroom license; authorizing a harness horse racing
 2487         permitholder to be a host track for purposes of
 2488         intertrack wagering and simulcasting; authorizing the
 2489         division to approve a change in racing dates for a
 2490         permitholder if the request for a change is received
 2491         before a specified date and under certain
 2492         circumstances; amending s. 550.054, F.S.; requiring
 2493         the Division of Pari-Mutuel Wagering to revoke a
 2494         permit to conduct pari-mutuel wagering for a
 2495         permitholder that fails to make specified payments or
 2496         obtain an operating license; prohibiting the issuance
 2497         of new permits; deleting provisions related to the
 2498         conversion of permits; repealing s. 550.0745, F.S.,
 2499         relating to conversion of a pari-mutuel permit to a
 2500         summer jai alai permit; amending ss. 550.09512 and
 2501         550.09515, F.S.; requiring the division to revoke the
 2502         permit of a harness horse or thoroughbred racing
 2503         permitholder, respectively, who does not pay tax on
 2504         handle for a specified period of time; deleting
 2505         provisions relating to the reissuance of escheated
 2506         permits; amending s. 550.3345, F.S.; revising
 2507         provisions relating to a limited thoroughbred racing
 2508         permit previously converted from a quarter horse
 2509         racing permit; amending s. 551.104, F.S.; revising
 2510         conditions of licensure and conditions for maintaining
 2511         authority to conduct slot machine gaming; requiring
 2512         certain permitholders to remit certain revenues to
 2513         qualified thoroughbred permitholders; requiring
 2514         qualified thoroughbred permitholders to use such
 2515         payments for certain purposes; defining the term
 2516         “qualified thoroughbred permitholder”; providing a
 2517         process for remitting such payments; requiring
 2518         qualified thoroughbred permitholders receiving such
 2519         funds to remit a specified percentage of the funds to
 2520         a specified association; amending s. 551.106, F.S.;
 2521         deleting obsolete provisions; revising the tax rate on
 2522         slot machine revenue effective on specified dates;
 2523         providing a formula to calculate a surcharge amount;
 2524         prohibiting the surcharge from exceeding a certain
 2525         amount; amending s. 849.086, F.S.; revising
 2526         legislative intent; revising definitions; authorizing
 2527         the division to establish a reasonable period to
 2528         respond to certain requests from a licensed cardroom;
 2529         providing that the division must approve certain
 2530         requests within 45 days; requiring the division to
 2531         review and approve or reject certain revised internal
 2532         controls or revised rules within 10 days after
 2533         submission; deleting provisions relating to the
 2534         renewal of a cardroom license; making technical
 2535         changes; authorizing certain cardroom operators to
 2536         offer a certain number of certain designated player
 2537         games; requiring the designated player and employees
 2538         of the designated player to be licensed; requiring the
 2539         designated player to pay certain fees; prohibiting a
 2540         cardroom operator from serving as the designated
 2541         player in a game and from having a financial interest
 2542         in a designated player; authorizing a cardroom
 2543         operator to collect a rake, subject to certain
 2544         requirements; requiring the dealer button to be
 2545         rotated under certain circumstances; prohibiting a
 2546         cardroom operator from allowing a designated player to
 2547         pay an opposing player under certain circumstances;
 2548         prohibiting the rules of the game or of the cardroom
 2549         to require a designated player to cover more than 10
 2550         times the maximum wager for players participating in
 2551         any one game; prohibiting a cardroom or cardroom
 2552         licensee from contracting with or receiving certain
 2553         compensation from a player to allow that player to
 2554         participate in any game as a designated player;
 2555         requiring certain permitholders with a cardroom
 2556         license to remit a certain amount of its monthly gross
 2557         receipts to qualified thoroughbred permitholders;
 2558         requiring qualified thoroughbred holders to use such
 2559         payments for certain purposes; defining the term
 2560         “qualified thoroughbred permitholder”; providing a
 2561         process for remitting such payments; requiring
 2562         qualified thoroughbred permitholders receiving such
 2563         funds to remit a specified percentage of the funds to
 2564         a specified association; deleting a provision relating
 2565         to the renewal or issuance of a cardroom license to a
 2566         quarter horse racing permitholder; conforming a cross
 2567         reference; amending s. 849.16, F.S.; revising the
 2568         definition of the term “slot machine or device”;
 2569         providing a directive to the Division of Law Revision
 2570         and Information; providing an effective date.