Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 840
       
       
       
       
       
                               Ì514374/Î514374                          
       
       576-03102-18                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to gaming; amending s. 285.710, F.S.;
    3         authorizing and directing the Governor, in cooperation
    4         with the Seminole Tribe of Florida, to execute a new
    5         compact in the form provided; signifying the
    6         Legislature’s approval and ratification of such
    7         compact that does not materially alter from the
    8         approved form; providing terms and conditions for the
    9         gaming compact; defining terms; authorizing the Tribe
   10         to operate covered games on its lands in accordance
   11         with the compact and at specified facilities;
   12         prohibiting specified games; providing requirements
   13         for resolution of patron disputes involving gaming,
   14         tort claims, and employee disputes; providing
   15         requirements for regulation and enforcement of the
   16         compact; requiring the state to conduct random
   17         inspections of tribal facilities; authorizing the
   18         state to conduct an independent audit; requiring the
   19         Tribe and commission to comply with specified
   20         licensing and hearing requirements; requiring the
   21         Tribe to make specified revenue share payments to the
   22         state, with reductions authorized under certain
   23         circumstances; requiring the Tribe to pay an annual
   24         oversight assessment and annual donation to the
   25         Florida Council on Compulsive Gaming; specifying that
   26         certain events do not trigger any remedy under the
   27         compact or affect the exclusivity provisions of the
   28         compact; providing for dispute resolution between the
   29         Tribe and the state; providing construction; providing
   30         requirements for notice under the compact; providing
   31         an effective date and termination of the compact;
   32         providing for execution of the compact; amending s.
   33         285.712, F.S.; requiring the Governor to provide a
   34         copy of the executed compact to specified parties and
   35         direct the Secretary of State to forward a copy to the
   36         Secretary of the Interior; creating s. 546.13, F.S.;
   37         defining terms; exempting a fantasy contest from
   38         certain regulations; amending s. 550.01215, F.S.;
   39         revising application requirements for a pari-mutuel
   40         operating license; authorizing a greyhound racing
   41         permitholder to specify certain intentions on its
   42         application; providing that a greyhound racing
   43         permitholder that has been issued a slot machine
   44         license remains an eligible facility, continues to be
   45         eligible for a slot machine license, is exempt from
   46         certain provisions of ch. 551, F.S., is eligible to be
   47         a guest track for certain purposes, and remains
   48         eligible for a cardroom license; authorizing a
   49         greyhound racing permitholder to receive an operating
   50         license to conduct pari-mutuel wagering activities at
   51         another permitholder’s greyhound racing facility;
   52         authorizing certain harness horse racing permitholders
   53         or quarter horse racing permitholders to elect not to
   54         conduct live racing if the election is made by a
   55         specified date; specifying that such permitholder may
   56         retain its permit and remains a pari-mutuel facility;
   57         specifying that, if such permitholder has been issued
   58         a slot machine license, the permitholder’s facility
   59         remains an eligible facility, continues to be eligible
   60         for a slot machine license, is exempt from certain
   61         provisions of chs. 550 and 551, F.S., is eligible to
   62         be a guest track, and if the permitholder is a harness
   63         horse racing permitholder, a host track for intertrack
   64         wagering and simulcasting, and remains eligible for a
   65         cardroom license; authorizing a harness horse racing
   66         permitholder to be a host track for purposes of
   67         intertrack wagering and simulcasting; authorizing the
   68         division to approve a change in racing dates for a
   69         permitholder if the request for a change is received
   70         before a specified date and under certain
   71         circumstances; amending s. 550.054, F.S.; requiring
   72         the Division of Pari-Mutuel Wagering to revoke a
   73         permit to conduct pari-mutuel wagering for a
   74         permitholder that fails to make specified payments or
   75         obtain an operating license; prohibiting the issuance
   76         of new permits; deleting provisions related to the
   77         conversion of permits; repealing s. 550.0745, F.S.,
   78         relating to conversion of a pari-mutuel permit to a
   79         summer jai alai permit; amending ss. 550.09512 and
   80         550.09515, F.S.; requiring the division to revoke the
   81         permit of a harness horse or thoroughbred racing
   82         permitholder, respectively, who does not pay tax on
   83         handle for a specified period of time; deleting
   84         provisions relating to the reissuance of escheated
   85         permits; amending s. 550.3345, F.S.; revising
   86         provisions relating to a limited thoroughbred racing
   87         permit previously converted from a quarter horse
   88         racing permit; amending s. 551.104, F.S.; revising
   89         conditions of licensure and conditions for maintaining
   90         authority to conduct slot machine gaming; requiring
   91         certain permitholders to remit certain revenues to
   92         qualified thoroughbred permitholders; requiring
   93         qualified thoroughbred permitholders to use such
   94         payments for certain purposes; defining the term
   95         “qualified thoroughbred permitholder”; providing a
   96         process for remitting such payments; requiring
   97         qualified thoroughbred permitholders receiving such
   98         funds to remit a specified percentage of the funds to
   99         a specified association; amending s. 551.106, F.S.;
  100         deleting obsolete provisions; revising the tax rate on
  101         slot machine revenue effective on specified dates;
  102         providing a formula to calculate a surcharge amount;
  103         prohibiting the surcharge from exceeding a certain
  104         amount; amending s. 849.086, F.S.; revising
  105         legislative intent; revising definitions; authorizing
  106         the division to establish a reasonable period to
  107         respond to certain requests from a licensed cardroom;
  108         providing that the division must approve certain
  109         requests within 45 days; requiring the division to
  110         review and approve or reject certain revised internal
  111         controls or revised rules within 10 days after
  112         submission; deleting provisions relating to the
  113         renewal of a cardroom license; making technical
  114         changes; authorizing certain cardroom operators to
  115         offer a certain number of certain designated player
  116         games; requiring the designated player and employees
  117         of the designated player to be licensed; requiring the
  118         designated player to pay certain fees; prohibiting a
  119         cardroom operator from serving as the designated
  120         player in a game and from having a financial interest
  121         in a designated player; authorizing a cardroom
  122         operator to collect a rake, subject to certain
  123         requirements; requiring the dealer button to be
  124         rotated under certain circumstances; prohibiting a
  125         cardroom operator from allowing a designated player to
  126         pay an opposing player under certain circumstances;
  127         prohibiting the rules of the game or of the cardroom
  128         to require a designated player to cover more than 10
  129         times the maximum wager for players participating in
  130         any one game; prohibiting a cardroom or cardroom
  131         licensee from contracting with or receiving certain
  132         compensation from a player to allow that player to
  133         participate in any game as a designated player;
  134         requiring certain permitholders with a cardroom
  135         license to remit a certain amount of its monthly gross
  136         receipts to qualified thoroughbred permitholders;
  137         requiring qualified thoroughbred holders to use such
  138         payments for certain purposes; defining the term
  139         “qualified thoroughbred permitholder”; providing a
  140         process for remitting such payments; requiring
  141         qualified thoroughbred permitholders receiving such
  142         funds to remit a specified percentage of the funds to
  143         a specified association; deleting a provision relating
  144         to the renewal or issuance of a cardroom license to a
  145         quarter horse racing permitholder; conforming a cross
  146         reference; amending s. 849.16, F.S.; revising the
  147         definition of the term “slot machine or device”;
  148         providing a directive to the Division of Law Revision
  149         and Information; providing an effective date.
  150          
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. Paragraph (a) of subsection (1) and subsection
  154  (3) of section 285.710, Florida Statutes, are amended to read:
  155         285.710 Compact authorization.—
  156         (1) As used in this section, the term:
  157         (a) “Compact” means the Gaming Compact between the Seminole
  158  Tribe of Florida and the State of Florida, executed on April 7,
  159  2010.
  160         (3)(a) The Gaming Compact between the Seminole Tribe of
  161  Florida and the State of Florida, executed by the Governor and
  162  the Tribe on April 7, 2010, was is ratified and approved by
  163  chapter 2010-29, Laws of Florida. The Governor shall cooperate
  164  with the Tribe in seeking approval of the compact from the
  165  United States Secretary of the Interior.
  166         (b)The Governor, on behalf of this state, is hereby
  167  authorized and directed to execute a new compact with the Tribe
  168  as set forth in paragraph (c), and the Legislature hereby
  169  signifies in advance its approval and ratification of such
  170  compact, provided that it is identical to the compact set forth
  171  in paragraph (c) and becomes effective on or before January 1,
  172  2019. The Governor shall cooperate with the Tribe in seeking
  173  approval of such compact ratified and approved under this
  174  paragraph from the Secretary of the Department of the Interior.
  175  Upon becoming effective, such compact supersedes the Gaming
  176  Compact ratified and approved under paragraph (a), which shall
  177  then become null and void.
  178         (c)The Legislature hereby approves and ratifies the
  179  following Gaming Compact between the State of Florida and the
  180  Seminole Tribe of Florida, provided that such compact becomes
  181  effective on or before January 1, 2019:
  182  
  183        Gaming Compact Between the Seminole Tribe of Florida       
  184                      and the State of Florida                     
  185  
  186         This compact is made and entered into by and between the
  187  Seminole Tribe of Florida and the State of Florida, with respect
  188  to the operation of covered games, as defined herein, on the
  189  Tribe’s Indian lands, as defined by the Indian Gaming Regulatory
  190  Act, 25 U.S.C. ss. 2701 et seq.
  191  
  192                               PART I                              
  193  
  194         TITLE.—This document shall be referred to as the “Gaming
  195  Compact between the Seminole Tribe of Florida and the State of
  196  Florida.”
  197  
  198                               PART II                             
  199  
  200         LEGISLATIVE FINDINGS.—
  201         (1)The Seminole Tribe of Florida is a federally recognized
  202  tribal government that possesses sovereign powers and rights of
  203  self-government.
  204         (2)The State of Florida is a state of the United States of
  205  America that possesses the sovereign powers and rights of a
  206  state.
  207         (3)The State of Florida and the Seminole Tribe of Florida
  208  maintain a government-to-government relationship.
  209         (4)The United States Supreme Court has long recognized the
  210  right of an Indian Tribe to regulate activity on lands within
  211  its jurisdiction, but the United States Congress, through the
  212  Indian Gaming Regulatory Act, has given states a role in the
  213  conduct of tribal gaming in accordance with negotiated tribal
  214  state compacts.
  215         (5)Pursuant to the Seminole Tribe Amended Gaming
  216  Ordinance, adopted by Resolution No. C-195-06, and approved by
  217  the Chairman of the National Indian Gaming Commission on July
  218  10, 2006, hereafter referred to as the “Seminole Tribal Gaming
  219  Code,” the Seminole Tribe of Florida desires to offer the play
  220  of covered games, as defined in Part III, as a means of
  221  generating revenues for purposes authorized by the Indian Gaming
  222  Regulatory Act, including, without limitation, the support of
  223  tribal governmental programs, such as health care, housing,
  224  sewer and water projects, police, fire suppression, general
  225  assistance for tribal elders, day care for children, economic
  226  development, educational opportunities, per capita payments to
  227  tribal members, and other typical and valuable governmental
  228  services and programs for tribal members.
  229         (6)This compact is the only gaming compact between the
  230  Tribe and the state. This compact supersedes the Gaming Compact
  231  between the Tribe and the state executed on or about April 7,
  232  2010, which was subsequently ratified by the Legislature and
  233  went into effect on or about July 6, 2010.
  234         (7)It is in the best interests of the Seminole Tribe of
  235  Florida and the State of Florida for the state to enter into a
  236  compact with the Tribe that recognizes the Tribe’s right to
  237  offer certain Class III gaming and provides substantial
  238  exclusivity of such activities in conjunction with a reasonable
  239  revenue sharing arrangement between the Tribe and the state that
  240  will entitle the state to significant revenue participation.
  241  
  242                              PART III                             
  243  
  244         DEFINITIONS.—As used in this compact, the term:
  245         (1)“Annual oversight assessment” means the amount owed by
  246  the Tribe to the state for reimbursement for the actual and
  247  reasonable costs incurred by the state compliance agency to
  248  perform the monitoring functions set forth under the compact.
  249         (2)“Class II video bingo terminals” means any electronic
  250  aid to a Class II bingo game that includes a video spinning reel
  251  or mechanical spinning reel display.
  252         (3)“Class III gaming” means the forms of Class III gaming
  253  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
  254  National Indian Gaming Commission, as of January 1, 2018.
  255         (4)“Commission” means the Seminole Tribal Gaming
  256  Commission, which is the tribal governmental agency that has the
  257  authority to carry out the Tribe’s regulatory and oversight
  258  responsibilities under this compact.
  259         (5)“Compact” means this Gaming Compact between the
  260  Seminole Tribe of Florida and the State of Florida.
  261         (6)“Covered game” or “covered gaming activity” means the
  262  following Class III gaming activities:
  263         (a)Slot machines, which may use spinning reels, video
  264  displays, or both, and which machines must meet all of the
  265  following requirements:
  266         1.Any mechanical or electrical contrivance, terminal that
  267  may or may not be capable of downloading slot games from a
  268  central server system, machine, or other device.
  269         2.Require, for play or operation, the insertion of a coin,
  270  bill, ticket, token, or similar object, or payment of any
  271  consideration whatsoever, including the use of any electronic
  272  payment system, except a credit card or debit card, unless state
  273  law authorizes the use of an electronic payment system that uses
  274  a credit or debit card payment, in which case the Tribe is
  275  authorized to use such payment system.
  276         3.Are available to play or operate, the play or operation
  277  of which, whether by reason of skill or application of the
  278  element of chance or both, may deliver or entitle the person or
  279  persons playing or operating the contrivance, terminal, machine,
  280  or other device to receive cash, billets, tickets, tokens, or
  281  electronic credits to be exchanged for cash or to receive
  282  merchandise or anything of value whatsoever, whether the payoff
  283  is made automatically from the machine or manually.
  284         4.Include associated equipment necessary to conduct the
  285  operation of the contrivance, terminal, machine, or other
  286  device.
  287         (b)Banking or banked card games, such as baccarat, chemin
  288  de fer, and blackjack or 21.
  289         (c)Raffles and drawings.
  290         (d)Live table games.
  291         (e) Any new game, if expressly authorized by the
  292  Legislature pursuant to legislation enacted subsequent to the
  293  effective date of this compact and lawfully conducted by any
  294  person for any purpose pursuant to such authorization.
  295         (7)“Covered game employee” or “covered employee” means an
  296  individual employed and licensed by the Tribe whose
  297  responsibilities include the rendering of services with respect
  298  to the operation, maintenance, or management of covered games,
  299  including, but not limited to, managers and assistant managers;
  300  accounting personnel; commission officers; surveillance and
  301  security personnel; cashiers, supervisors, and floor personnel;
  302  cage personnel; and any other employee whose employment duties
  303  require or authorize access to areas of the facility related to
  304  the conduct of covered games or the technical support or storage
  305  of covered game components. The term does not include the
  306  Tribe’s elected officials, provided that such individuals are
  307  not directly involved in the operation, maintenance, or
  308  management of covered games or covered games components.
  309         (8)“Documents” means books, records, electronic, magnetic,
  310  and computer media documents, and other writings and materials,
  311  copies of such documents and writings, and information contained
  312  in such documents and writings.
  313         (9)“Effective date” means the date on which the compact
  314  becomes effective pursuant to subsection (1) of Part XVI.
  315         (10)“Electronic bingo machine” means a card minding
  316  device, which may only be used in connection with a bingo game
  317  as defined in s. 849.0931(1)(a), Florida Statutes, which is
  318  certified in advance by an independent testing laboratory
  319  approved by the Division of Pari-Mutuel Wagering as a bingo aid
  320  device that meets all of the following requirements:
  321         (a)Aids a bingo game player by:
  322         1.Storing in the memory of the device not more than three
  323  bingo faces of tangible bingo cards as defined by s.
  324  849.0931(1)(b), Florida Statutes, purchased by a player.
  325         2.Comparing the numbers drawn and individually entered
  326  into the device by the player to the bingo faces previously
  327  stored in the memory of the device.
  328         3.Identifying preannounced winning bingo patterns marked
  329  or covered on the stored bingo faces.
  330         (b)Is not capable of accepting or dispensing any coins,
  331  currency, or tokens.
  332         (c)Is not capable of monitoring any bingo card face other
  333  than the faces of the tangible bingo card or cards purchased by
  334  the player for that game.
  335         (d)Is not capable of displaying or representing the game
  336  result through any means other than highlighting the winning
  337  numbers marked or covered on the bingo card face or giving an
  338  audio alert that the player’s card has a prize-winning pattern.
  339  No casino game graphics, themes, or titles, including, but not
  340  limited to, depictions of slot machine-style symbols, cards,
  341  craps, roulette, or lottery may be used.
  342         (e)Is not capable of determining the outcome of any game.
  343         (f)Does not award progressive prizes of more than $2,500.
  344         (g)Does not award prizes exceeding $1,000, other than
  345  progressive prizes not exceeding $2,500.
  346         (h)Does not contain more than one player position for
  347  playing bingo.
  348         (i)Does not contain or does not link to more than one
  349  video display.
  350         (j)Awards prizes based solely on the results of the bingo
  351  game, with no additional element of chance.
  352         (11)“Facility” means a building or buildings of the Tribe
  353  in which the covered games authorized by this compact are
  354  conducted.
  355         (12)“Guaranteed minimum compact term payment” means a
  356  minimum total payment for the guarantee payment period of $3
  357  billion, which shall include all revenue share payments during
  358  the guarantee payment period.
  359         (13) “Guarantee payment period” means the seven-year period
  360  beginning July 1, 2018, and ending June 30, 2025.
  361         (14)“Guaranteed revenue sharing cycle payment” means the
  362  payments as provided in Part XI.
  363         (15)“Historic racing machine” means an individual historic
  364  race terminal linked to a central server as part of a network
  365  based video game, where the terminals allow pari-mutuel wagering
  366  by players on the results of previously conducted horse or
  367  greyhound races, but only if the game is certified in advance by
  368  an independent testing laboratory approved by the Division of
  369  Pari-Mutuel Wagering as complying with all of the following
  370  requirements:
  371         (a)Stores all data on previously conducted horse or
  372  greyhound races in a secure format on the central server, which
  373  is located at the pari-mutuel facility.
  374         (b)Uses only horse or greyhound races that were recorded
  375  at licensed pari-mutuel facilities in the United States after
  376  January 1, 2000.
  377         (c)Offers one or more of the following three bet types on
  378  all historic racing machines: win-place-show, quinella, or tri
  379  fecta.
  380         (d)Offers one or more of the following racing types:
  381  thoroughbreds, harness, or greyhounds.
  382         (e)Does not award progressive prizes of more than $2,500.
  383         (f)Does not award prizes exceeding $1,000, other than
  384  progressive prizes not exceeding $2,500.
  385         (g)After each wager is placed, displays a video of at
  386  least the final eight seconds of the horse or greyhound race
  387  before any prize is awarded or indicated on the historic racing
  388  machine.
  389         (h)The display of the video of the horse or greyhound race
  390  occupies at least 70 percent of the historic racing machine’s
  391  video screen and does not contain and is not linked to more than
  392  one video display.
  393         (i)Does not use casino game graphics, themes, or titles,
  394  including but not limited to, depictions of slot machine-style
  395  symbols, cards, craps, roulette, lottery, or bingo.
  396         (j)Does not use video or mechanical reel displays.
  397         (k)Does not contain more than one player position for
  398  placing wagers.
  399         (l)Does not dispense coins, currency, or tokens.
  400         (m)Awards prizes solely on the results of a previously
  401  conducted horse or greyhound race with no additional element of
  402  chance.
  403         (n)Uses a random number generator to select the race from
  404  the central server to be displayed to the player and the numbers
  405  or other designations of race entrants that will be used in the
  406  various bet types for any “Quick Pick” bets. To prevent an
  407  astute player from recognizing the race based on the entrants
  408  and thus knowing the results before placing a wager, the
  409  entrants of the race may not be identified until after all
  410  wagers for that race have been placed.
  411         (16)“Indian Gaming Regulatory Act” means the Indian Gaming
  412  Regulatory Act, Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467,
  413  codified at 25 U.S.C. ss. 2701 et seq. and 18 U.S.C. ss. 1166 to
  414  1168.
  415         (17)“Indian lands” means the lands defined in 25 U.S.C. s.
  416  2703(4).
  417         (18)“Initial payment period” means the period beginning on
  418  the effective date of the compact and ending on June 30, 2018.
  419         (19) “Live table games” means dice games, such as craps,
  420  sic-bo and any similar variations thereof, and wheel games, such
  421  as roulette, big six, and any similar variations thereof, but
  422  not including any game that is authorized as a slot machine,
  423  banking or banked card game, raffle, or drawing.
  424         (20) “Lottery vending machine” means any of the following
  425  four types of machines:
  426         (a)A machine that dispenses pre-printed paper instant
  427  lottery tickets, but that does not read or reveal the results of
  428  the ticket or allow a player to redeem any ticket. The machine,
  429  or any machine or device linked to the machine, does not include
  430  or make use of video reels or mechanical reels or other video
  431  depictions of slot machine or casino game themes or titles for
  432  game play, but does not preclude the use of casino game themes
  433  or titles on such tickets or signage or advertising displays on
  434  the machines.
  435         (b)A machine that dispenses pre-determined electronic
  436  instant lottery tickets and displays an image of the ticket on a
  437  video screen on the machine, where the player touches the image
  438  of the ticket on the video screen to reveal the outcome of the
  439  ticket, provided the machine does not permit a player to redeem
  440  winnings, does not make use of video reels or mechanical reels,
  441  and does not simulate the play of any casino game, and the
  442  lottery retailer is paid the same amount as would be paid for
  443  the sale of paper instant lottery tickets.
  444         (c)A machine that dispenses a paper lottery ticket with
  445  numbers selected by the player or randomly by the machine, but
  446  does not reveal the winning numbers. Such winning numbers are
  447  selected at a subsequent time and different location through a
  448  drawing conducted by the state lottery. The machine, or any
  449  machine or device linked to the machine, does not include or
  450  make use of video reels or mechanical reels or other video
  451  depictions of slot machine or casino game themes or titles for
  452  game play. The machine is not used to redeem a winning ticket.
  453  This does not preclude the use of casino game themes, titles for
  454  signage, or advertising displays on the machine.
  455         (21)“Monthly payment” means the monthly revenue share
  456  payment which the Tribe remits to the state on the 15th day of
  457  the month following each month of the revenue sharing cycle.
  458         (22)“Net revenue base” means the net win for the 12 month
  459  period immediately preceding the offering of, for public or
  460  private use, Class III or other casino-style gaming at any of
  461  the licensed pari-mutuel facilities in Broward and Miami-Dade
  462  Counties, except that if the commencement of such new gaming is
  463  made during the initial payment period, “net revenue base” means
  464  net win for the 12-month period immediately preceding this
  465  compact.
  466         (23)“Net win” means the total receipts from the play of
  467  all covered games less all prize payouts and free play or
  468  promotional credits issued by the Tribe.
  469         (24)“Pari-mutuel wagering activities” means those
  470  activities authorized on January 1, 2018, by chapter 550, which
  471  do not include any casino-style game or device that include
  472  video reels or mechanical reels or other slot machine or casino
  473  game themes or titles.
  474         (25)“Patron” means any person who is on the premises of a
  475  facility, or who enters the Tribe’s Indian lands for the purpose
  476  of playing covered games authorized by this compact.
  477         (26)“Regular payment period” means the period beginning on
  478  July 1, 2025, and terminating at the end of the term of this
  479  compact.
  480         (27)“Revenue share payment” means the periodic payment by
  481  the Tribe to the state provided for in Part XI.
  482         (28)“Revenue sharing cycle” means the annual 12-month
  483  period of the Tribe’s operation of covered games in its
  484  facilities beginning on July 1 of each fiscal year, except for
  485  during the initial payment period, when the first revenue
  486  sharing cycle begins on July 1 of the previous year, and the
  487  Tribe receives a credit for any amount paid to the state under
  488  the 2010 Compact for that revenue sharing cycle.
  489         (29)“Rules and regulations” means the rules and
  490  regulations promulgated by the commission for implementation of
  491  this compact.
  492         (30)“State” means the State of Florida.
  493         (31)“State compliance agency” means the state agency
  494  designated by the Florida Legislature that has the authority to
  495  carry out the state’s oversight responsibilities under this
  496  compact.
  497         (32)“Tribe” means the Seminole Tribe of Florida or any
  498  affiliate thereof conducting activities pursuant to this compact
  499  under the authority of the Seminole Tribe of Florida.
  500  
  501                               PART IV                             
  502  
  503         AUTHORIZATION AND LOCATION OF COVERED GAMES.—
  504         (1)The Tribe and state agree that the Tribe is authorized
  505  to operate covered games on its Indian lands, as defined in the
  506  Indian Gaming Regulatory Act, in accordance with the provisions
  507  of this compact. Nothing in the compact is intended to prohibit
  508  the Tribe from operating slot machines that employ video or
  509  mechanical displays of roulette, wheels, or other table game
  510  themes. Except for the provisions in subsection (1) of Part XI,
  511  nothing in this compact shall limit the Tribe’s right to operate
  512  any Class II gaming under the Indian Gaming Regulatory Act.
  513         (2)The Tribe is authorized to conduct covered games under
  514  this compact only at the following seven existing facilities,
  515  which may be expanded or replaced as provided in subsection (3)
  516  on Indian lands:
  517         (a)Seminole Indian Casino-Brighton in Okeechobee, FL.
  518         (b)Seminole Indian Casino-Coconut Creek in Coconut Creek,
  519  FL.
  520         (c)Seminole Indian Casino-Hollywood in Hollywood, FL.
  521         (d)Seminole Indian Casino-Immokalee in Immokalee, FL.
  522         (e)Seminole Indian Casino-Big Cypress in Clewiston, FL.
  523         (f)Seminole Hard Rock Hotel & Casino-Hollywood in
  524  Hollywood, FL.
  525         (g)Seminole Hard Rock Hotel & Casino-Tampa in Tampa, FL.
  526         (3)Any of the facilities existing on Indian lands
  527  identified in subsection (2) may be expanded or replaced by
  528  another facility on the same Indian lands with at least 60 days’
  529  advance notice to the state.
  530  
  531                               PART V                              
  532  
  533         RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
  534  OPERATIONS.—
  535         (1)At all times during the term of this compact, the Tribe
  536  shall be responsible for all duties that are assigned to it and
  537  the commission under this compact. The Tribe shall promulgate
  538  any rules necessary to implement this compact, which, at a
  539  minimum, shall expressly include or incorporate by reference all
  540  provisions of Parts V, VI, VII, and VIII. Nothing in this
  541  compact shall be construed to affect the Tribe’s right to amend
  542  its rules, provided that any such amendment is in conformity
  543  with this compact. The state compliance agency may propose
  544  additional rules consistent with and related to the
  545  implementation of this compact to the commission at any time,
  546  and the commission shall give good faith consideration to such
  547  proposed rules and shall notify the state compliance agency of
  548  its response or action with respect to such rules.
  549         (2)All facilities shall comply with, and all covered games
  550  approved under this compact shall be operated in accordance
  551  with, the requirements set forth in this compact, including, but
  552  not limited to, the requirements set forth in subsections (3)
  553  and (4) and the Tribe’s Internal Control Policies and
  554  Procedures. In addition, all facilities and all covered games
  555  shall be operated in strict compliance with tribal internal
  556  control standards that provide a level of control that equals or
  557  exceeds those set forth in the National Indian Gaming
  558  Commission’s Minimum Internal Control Standards, 25 C.F.R. part
  559  542 (2015), even if the 2015 regulations are determined to be
  560  invalid or are subsequently withdrawn by the National Indian
  561  Gaming Commission. The Tribe may amend or supplement its
  562  internal control standards from time to time, provided that such
  563  changes continue to provide a level of control that equals or
  564  exceeds those set forth in 25 C.F.R. part 542 (2015).
  565         (3)The Tribe and the commission shall retain all documents
  566  in compliance with the requirements set forth in the Tribe’s
  567  Record Retention Policies and Procedures.
  568         (4)The Tribe shall continue and maintain its program to
  569  combat problem gambling and curtail compulsive gambling and work
  570  with the Florida Council on Compulsive Gambling or other
  571  organizations dedicated to assisting problem gamblers. The Tribe
  572  shall continue to maintain the following safeguards against
  573  problem gambling:
  574         (a)The Tribe shall provide to every new gaming employee a
  575  comprehensive training and education program designed in
  576  cooperation with the Florida Council on Compulsive Gambling or
  577  other organization dedicated to assisting problem gamblers.
  578         (b)The Tribe shall make printed materials available to
  579  patrons, which include contact information for the Florida
  580  Council on Compulsive Gambling 24-hour helpline or other hotline
  581  dedicated to assisting problem gamblers, and will work with the
  582  Florida Council on Compulsive Gambling or other organization
  583  dedicated to assisting problem gamblers to provide contact
  584  information for the Florida Council on Compulsive Gambling or
  585  other organization dedicated to assisting problem gamblers, and
  586  to provide such information on the facility’s website. The Tribe
  587  shall continue to display within the facilities all literature
  588  from the Florida Council on Compulsive Gambling or other
  589  organization dedicated to assisting problem gamblers.
  590         (c)1.The commission shall establish a list of patrons
  591  voluntarily excluded from the Tribe’s facilities, pursuant to
  592  subparagraph 3.
  593         2.The Tribe shall employ its best efforts to exclude
  594  patrons on such list from entry into its facilities; provided
  595  that nothing in this compact shall create for patrons who are
  596  excluded but gain access to the facilities, or any other person,
  597  a cause of action or claim against the state, the Tribe or the
  598  commission, or any other person, entity, or agency for failing
  599  to enforce such exclusion.
  600         3.Patrons who believe they may be compulsively playing
  601  covered games may request that their names be placed on the list
  602  of patrons voluntarily excluded from the Tribe’s facilities.
  603         (d)All covered game employees shall receive training on
  604  identifying compulsive gamblers and shall be instructed to ask
  605  such persons to leave. The facility shall make available signs
  606  bearing a toll-free help-line number and educational and
  607  informational materials at conspicuous locations and automated
  608  teller machines in each facility, which materials aim at the
  609  prevention of problem gaming and which specify where patrons may
  610  receive counseling or assistance for gambling problems. All
  611  covered games employees shall also be screened by the Tribe for
  612  compulsive gambling habits. Nothing in this subsection shall
  613  create for patrons, or any other person, a cause of action or
  614  claim against the state, the Tribe or the commission, or any
  615  other person, entity, or agency for failing to identify a patron
  616  or person who is a compulsive gambler or ask that person to
  617  leave.
  618         (e)The Tribe shall follow the rules for exclusion of
  619  patrons set forth in the Seminole Tribal Gaming Code.
  620         (f)The Tribe shall make diligent efforts to prevent
  621  underage individuals from loitering in the area of each facility
  622  where the covered games take place.
  623         (g)The Tribe shall ensure that any advertising and
  624  marketing of covered games at the facilities contains a
  625  responsible gambling message and a toll-free help-line number
  626  for problem gamblers, where practical, and that such advertising
  627  and marketing make no false or misleading claims.
  628         (5)The state may secure an annual independent audit of the
  629  conduct of covered games subject to this compact, as set forth
  630  in Part VIII.
  631         (6)The facility shall visibly display summaries of the
  632  rules for playing covered games and promotional contests and
  633  shall make available complete sets of rules upon request. The
  634  Tribe shall provide copies of all such rules to the state
  635  compliance agency within 30 calendar days after issuance or
  636  amendment.
  637         (7)The Tribe shall provide the commission and state
  638  compliance agency with a chart of the supervisory lines of
  639  authority with respect to those directly responsible for the
  640  conduct of covered games, and shall promptly notify those
  641  agencies of any material changes to the chart.
  642         (8)The Tribe shall continue to maintain proactive
  643  approaches to prevent improper alcohol sales, drunk driving,
  644  underage drinking, and underage gambling. These approaches shall
  645  involve intensive staff training, screening and certification,
  646  patron education, and the use of security personnel and
  647  surveillance equipment in order to enhance patrons’ enjoyment of
  648  the facilities and provide for patron safety.
  649         (a)Staff training includes specialized employee training
  650  in nonviolent crisis intervention, driver license verification,
  651  and detection of intoxication.
  652         (b)Patron education shall be carried out through notices
  653  transmitted on valet parking stubs, posted signs in the
  654  facilities, and in brochures.
  655         (c)Roving and fixed security officers, along with
  656  surveillance cameras, shall assist in the detection of
  657  intoxicated patrons, investigate problems, and engage with
  658  patrons to deescalate volatile situations.
  659         (d)To help prevent alcohol-related crashes, the Tribe will
  660  continue to operate the “Safe Ride Home Program,” a free taxi
  661  service.
  662         (e)The Tribe shall maintain these programs and policies in
  663  its Alcohol Beverage Control Act for the duration of the compact
  664  but may replace such programs and policies with stricter or more
  665  extensive programs and policies. The Tribe shall provide the
  666  state with written notice of any changes to the Tribe’s Alcohol
  667  Beverage Control Act, which notice shall include a copy of such
  668  changes and shall be sent on or before the effective date of the
  669  change. Nothing in this subsection shall create for patrons, or
  670  any other person, a cause of action or claim against the state,
  671  the Tribe or the commission, or any other person, entity, or
  672  agency for failing to fulfill the requirements of this
  673  subsection.
  674         (9)A person under 21 years of age may not play covered
  675  games, unless otherwise permitted by state law.
  676         (10)The Tribe may establish and operate facilities that
  677  operate covered games only on its Indian lands as defined by the
  678  Indian Gaming Regulatory Act and as specified in Part IV.
  679         (11)The commission shall keep a record of, and shall
  680  report at least quarterly to the state compliance agency, the
  681  number of covered games in each facility, by the name or type of
  682  each game and its identifying number.
  683         (12)The Tribe and the commission shall make available, to
  684  any member of the public upon request, within 10 business days,
  685  a copy of the National Indian Gaming Commission’s Minimum
  686  Internal Control Standards, 25 C.F.R. part 542 (2015), the
  687  Seminole Tribal Gaming Code, this compact, the rules of each
  688  covered game operated by the Tribe, and the administrative
  689  procedures for addressing patron tort claims under Part VI.
  690  
  691                               PART VI                             
  692  
  693         PATRON DISPUTES, WORKERS’ COMPENSATION, TORT CLAIMS; PRIZE
  694  CLAIMS; LIMITED CONSENT TO SUIT.—
  695         (1)All patron disputes involving gaming shall be resolved
  696  in accordance with the procedures established in the Seminole
  697  Tribal Gaming Code.
  698         (2)Tort claims by employees of the Tribe’s facilities will
  699  be handled pursuant to the provisions of the Tribe’s Workers’
  700  Compensation Ordinance, which shall provide workers the same or
  701  better protections as provided in state workers’ compensation
  702  laws.
  703         (3)Disputes involving employees of the Tribe’s facilities
  704  will be handled pursuant to the provisions of the Tribe’s policy
  705  for gaming employees, as set forth in the Employee Fair
  706  Treatment and Dispute Resolution Policy.
  707         (4)A patron who claims to have been injured after the
  708  effective date of the compact at one of the Tribe’s facilities
  709  in which covered games are played is required to provide written
  710  notice to the Tribe’s Risk Management Department or the
  711  facility, in a reasonable and timely manner, but no longer than
  712  three years after the date of the incident giving rise to the
  713  claimed injury, or the claim shall be forever barred.
  714         (5)The Tribe shall have 30 days to respond to a claim made
  715  by a patron. If the Tribe fails to respond within 30 days, the
  716  patron may file suit against the Tribe. When the Tribe responds
  717  to an incident alleged to have caused a patron’s injury or
  718  illness, the Tribe shall provide a claim form to the patron. The
  719  form must include the address for the Tribe’s Risk Management
  720  Department and provide notice of the Tribe’s administrative
  721  procedures for addressing patron tort claims, including notice
  722  of the relevant deadlines that may bar such claims if the
  723  Tribe’s administrative procedures are not followed. It is the
  724  patron’s responsibility to complete the form and forward the
  725  form to the Tribe’s Risk Management Department within a
  726  reasonable period of time, and in a reasonable and timely
  727  manner. Nothing herein shall interfere with any claim a patron
  728  might have arising under the Federal Tort Claim Act.
  729         (6)Upon receiving written notification of the claim, the
  730  Tribe’s Risk Management Department shall forward the
  731  notification to the Tribe’s insurance carrier. The Tribe shall
  732  use its best efforts to ensure that the insurance carrier
  733  contacts the patron within a reasonable period of time after
  734  receipt of the claim.
  735         (7)The insurance carrier shall handle the claim to
  736  conclusion. If the patron, Tribe, and insurance carrier are not
  737  able to resolve the claim in good faith within one year after
  738  the patron provided written notice to the Tribe’s Risk
  739  Management Department or the facility, the patron may bring a
  740  tort claim against the Tribe in any court of competent
  741  jurisdiction in the county in which the incident alleged to have
  742  caused injury occurred, as provided in this compact, and subject
  743  to a four-year statute of limitations, which shall begin to run
  744  from the date of the incident of the injury alleged in the
  745  claim. A patron’s notice of injury to the Tribe pursuant to
  746  subsection (4) and the fulfillment of the good faith attempt at
  747  resolution pursuant to this part are conditions precedent to
  748  filing suit.
  749         (8)For tort claims of patrons made pursuant to subsection
  750  (4), the Tribe agrees to waive its tribal sovereign immunity to
  751  the same extent as the state waives its sovereign immunity, as
  752  specified in s. 768.28(1) and (5), Florida Statutes, as such
  753  provision may be amended from time to time by the Legislature.
  754  In no event shall the Tribe be deemed to have waived its tribal
  755  immunity from suit beyond the limits set forth in s. 768.28(5),
  756  Florida Statutes. These limitations are intended to include
  757  liability for compensatory damages, costs, pre-judgment
  758  interest, and attorney fees if otherwise allowable under state
  759  law arising out of any claim brought or asserted against the
  760  Tribe, its subordinate governmental and economic units, any
  761  Tribal officials, employees, servants, or agents in their
  762  official capacities and any entity which is owned, directly or
  763  indirectly, by the Tribe. All patron tort claims brought
  764  pursuant to this provision shall be brought solely against the
  765  Tribe, as the sole party in interest.
  766         (9)Notices explaining the procedures and time limitations
  767  with respect to making a tort claim shall be prominently
  768  displayed in the facilities, posted on the Tribe’s website, and
  769  provided to any patron for whom the Tribe has notice of the
  770  injury or property damage giving rise to the tort claim. Such
  771  notices shall explain:
  772         (a)The method and places for making a tort claim,
  773  including where the patron must submit the claim.
  774         (b)That the process is the exclusive method for asserting
  775  a tort claim arising under this section against the Tribe.
  776         (c)That the Tribe and its insurance carrier have one year
  777  from the date the patron gives notice of the claim to resolve
  778  the matter, and that after that time, the patron may file suit
  779  in a court of competent jurisdiction.
  780         (d)That the exhaustion of the process is a prerequisite to
  781  filing a claim in state court.
  782         (e)That claims that fail to follow this process shall be
  783  forever barred.
  784         (10)The Tribe shall maintain an insurance policy that
  785  shall:
  786         (a)Prohibit the insurer or the Tribe from invoking tribal
  787  sovereign immunity for claims up to the limits to which the
  788  state has waived sovereign immunity as set forth in s.
  789  768.28(5), Florida Statutes, or its successor statute.
  790         (b)Include covered claims made by a patron or invitee for
  791  personal injury or property damage.
  792         (c)Permit the insurer or the Tribe to assert any statutory
  793  or common law defense other than sovereign immunity.
  794         (d)Provide that any award or judgment rendered in favor of
  795  a patron or invitee shall be satisfied solely from insurance
  796  proceeds.
  797         (11)The Tribal Council of the Seminole Tribe of Florida
  798  may, in its discretion, consider claims for compensation in
  799  excess of the limits of the Tribe’s waiver of its sovereign
  800  immunity.
  801  
  802                              PART VII                             
  803  
  804         ENFORCEMENT OF COMPACT PROVISIONS.—
  805         (1)The Tribe, the commission, and the state compliance
  806  agency, to the extent authorized by this compact, shall be
  807  responsible for regulating activities pursuant to this compact.
  808  As part of its responsibilities, the Tribe shall adopt or issue
  809  standards designed to ensure that the facilities are
  810  constructed, operated, and maintained in a manner that
  811  adequately protects the environment and public health and
  812  safety. Additionally, the Tribe and the commission shall ensure
  813  that:
  814         (a)Operation of the conduct of covered games is in strict
  815  compliance with:
  816         1.The Seminole Tribal Gaming Code.
  817         2.All rules, regulations, procedures, specifications, and
  818  standards lawfully adopted by the National Indian Gaming
  819  Commission and the commission.
  820         3.The provisions of this compact, including, but not
  821  limited to, the Tribe’s standards and rules.
  822         (b)Reasonable measures are taken to:
  823         1.Ensure the physical safety of facility patrons,
  824  employees, and any other person while in the facility.
  825         2.Prevent illegal activity at the facilities or with
  826  regard to the operation of covered games, including, but not
  827  limited to, the maintenance of employee procedures and a
  828  surveillance system.
  829         3.Ensure prompt notification is given, in accordance with
  830  applicable law, to appropriate law enforcement authorities of
  831  persons who may be involved in illegal acts.
  832         4.Ensure that the construction and maintenance of the
  833  facilities complies with the standards of the Florida Building
  834  Code, the provisions of which the Tribe has adopted as the
  835  Seminole Tribal Building Code.
  836         5.Ensure adequate emergency access plans have been
  837  prepared to ensure the health and safety of all covered game
  838  patrons.
  839         (2)All licenses for members and employees of the
  840  commission shall be issued according to the same standards and
  841  terms applicable to facility employees. The commission’s
  842  officers shall be independent of the Tribal gaming operations,
  843  and shall be supervised by and accountable only to the
  844  commission. A commission officer shall be available to the
  845  facility during all hours of operation upon reasonable notice,
  846  and shall have immediate access to any and all areas of the
  847  facility for the purpose of ensuring compliance with the
  848  provisions of this compact. The commission shall investigate any
  849  suspected or reported violation of this part and shall
  850  officially enter into its files timely written reports of
  851  investigations and any action taken thereon, and shall forward
  852  copies of such investigative reports to the state compliance
  853  agency within 30 calendar days after such filing. The scope of
  854  such reporting shall be determined by the commission and the
  855  state compliance agency as soon as practicable after the
  856  effective date of this compact. Any such violations shall be
  857  reported immediately to the commission, and the commission shall
  858  immediately forward such reports to the state compliance agency.
  859  In addition, the commission shall promptly report to the state
  860  compliance agency any such violations which it independently
  861  discovers.
  862         (3)In order to develop and foster a positive and effective
  863  relationship in the enforcement of the provisions of this
  864  compact, representatives of the commission and the state
  865  compliance agency shall meet at least annually to review past
  866  practices and examine methods to improve the regulatory scheme
  867  created by this compact. The meetings shall take place at a
  868  location mutually agreed upon by the commission and the state
  869  compliance agency. The state compliance agency, before or during
  870  such meetings, shall disclose to the commission any concerns,
  871  suspected activities, or pending matters reasonably believed to
  872  constitute violations of the compact by any person,
  873  organization, or entity, if such disclosure will not compromise
  874  the interest sought to be protected.
  875  
  876                              PART VIII                            
  877  
  878         STATE MONITORING OF COMPACT.—
  879         (1)It is the express intent of the Tribe and the state for
  880  the Tribe to regulate its own gaming activities.
  881  Notwithstanding, the state shall conduct random inspections as
  882  provided for in this part to ensure that the Tribe is operating
  883  in accordance with the terms of the compact. The state may
  884  secure an annual independent audit of the conduct of covered
  885  games subject to this compact and the Tribe shall cooperate with
  886  such audit. The audit shall:
  887         (a)Examine the covered games operated by the Tribe to
  888  ensure compliance with the Tribe’s Internal Control Policies and
  889  Procedures and any other standards, policies, or procedures
  890  adopted by the Tribe, the commission, or the National Indian
  891  Gaming Commission which govern the play of covered games.
  892         (b)Examine revenues in connection with the conduct of
  893  covered games and include only those matters necessary to verify
  894  the determination of net win and the basis and amount of the
  895  payments the Tribe is required to make to the state pursuant to
  896  Part XI and as defined by this compact.
  897         (2)A copy of the audit report for the conduct of covered
  898  games shall be submitted to the commission and the state
  899  compliance agency within 30 calendar days after completion.
  900  Representatives of the state compliance agency may, upon
  901  request, meet with the Tribe and its auditors to discuss the
  902  audit or any matters in connection therewith; provided that such
  903  discussions are limited to covered games information. The annual
  904  independent audit shall be performed by an independent firm
  905  selected by the state which has experience in auditing casino
  906  operations, subject to the consent of the Tribe, which shall not
  907  be unreasonably withheld. The Tribe shall pay for the cost of
  908  the annual independent audit.
  909         (3)As provided herein, the state compliance agency may
  910  monitor the conduct of covered games to ensure that the covered
  911  games are conducted in compliance with the provisions of this
  912  compact. In order to properly monitor the conduct of covered
  913  games, agents of the state compliance agency shall have
  914  reasonable access, without prior notice, to all public areas of
  915  the facilities related to the conduct of covered games.
  916         (a)The state compliance agency may review whether the
  917  Tribe’s facilities are in compliance with the provisions of this
  918  compact and the Tribe’s rules and regulations applicable to
  919  covered games and may advise on such issues as it deems
  920  appropriate. In the event of a dispute or disagreement between
  921  Tribal and state compliance agency regulators, the dispute or
  922  disagreement shall be resolved in accordance with the dispute
  923  resolution provisions of Part XIII.
  924         (b)In order to fulfill its oversight responsibilities, the
  925  state compliance agency may perform on a routine basis specific
  926  oversight testing procedures as set forth in paragraph (c).
  927         (c)1.The state compliance agency may inspect any covered
  928  games in operation at the facilities on a random basis, provided
  929  that such inspections may not exceed one inspection per facility
  930  per calendar month and the inspection may not exceed ten hours
  931  spread over those two consecutive days, unless the state
  932  compliance agency determines that additional inspection hours
  933  are needed to address the issues of substantial noncompliance,
  934  provided that the state compliance agency provides the Tribe
  935  with written notification of the need for additional inspection
  936  hours and a written summary of the substantial noncompliance
  937  issues that need to be addressed during the additional
  938  inspection hours. The total number of hours of random
  939  inspections and audit reviews per year may not exceed 1,200
  940  hours. Inspection hours shall be calculated on the basis of the
  941  actual amount of time spent by the state compliance agency
  942  conducting the inspections at a facility, without accounting for
  943  a multiple for the number of state compliance agency inspectors
  944  or agents engaged in the inspection activities. The purpose of
  945  the random inspections is to confirm that the covered games
  946  function properly pursuant to the manufacturer’s technical
  947  standards and are conducted in compliance with the Tribe’s
  948  Internal Control Policies and Procedures and any other
  949  standards, policies, or procedures adopted by the Tribe, the
  950  commission, or the National Indian Gaming Commission which
  951  govern the play of covered games. The state compliance agency
  952  shall provide notice to the commission of such inspection at or
  953  before the commencement of a random inspection and a commission
  954  agent may accompany the inspection.
  955         2.For each facility, the state compliance agency may
  956  perform one annual review of the Tribe’s slot machine compliance
  957  audit.
  958         3.At least annually, the state compliance agency may meet
  959  with the Tribe’s Internal Audit Department for Gaming to review
  960  internal controls and the record of violations for each
  961  facility.
  962         (d)The state compliance agency shall cooperate with and
  963  obtain the assistance of the commission in the resolution of any
  964  conflicts in the management of the facilities, and the state and
  965  the Tribe shall make their best efforts to resolve disputes
  966  through negotiation whenever possible. Therefore, to foster a
  967  spirit of cooperation and efficiency, the state compliance
  968  agency and Tribe shall resolve disputes between the state
  969  compliance agency staff and commission regulators about the day
  970  to-day regulation of the facilities through meeting and
  971  conferring in good faith. Notwithstanding, the parties may seek
  972  other relief that may be available when circumstances require
  973  such relief. In the event of a dispute or disagreement between
  974  tribal and state compliance agency regulators, the dispute or
  975  disagreement shall be resolved in accordance with the dispute
  976  resolution provisions of Part XIII.
  977         (e)The state compliance agency shall have access to each
  978  facility during the facility’s operating hours only. No advance
  979  notice is required when the state compliance agency inspection
  980  is limited to public areas of the facility; however,
  981  representatives of the state compliance agency shall provide
  982  notice and photographic identification to the commission of
  983  their presence before beginning any such inspections.
  984         (f)The state compliance agency agents, to ensure that a
  985  commission officer is available to accompany the state
  986  compliance agency agents at all times, shall provide one hour
  987  notice and photographic identification to the commission before
  988  entering any nonpublic area of a facility. Agents of the state
  989  compliance agency shall be accompanied in nonpublic areas of the
  990  facility by a commission officer.
  991         (g)Any suspected or claimed violations of this compact or
  992  law shall be directed in writing to the commission. The state
  993  compliance agency, in conducting the functions assigned them
  994  under this compact, shall not unreasonably interfere with the
  995  functioning of any facility.
  996         (4)Subject to the provisions herein, the state compliance
  997  agency may review and request copies of documents of the
  998  facility related to its conduct of covered games during normal
  999  business hours unless otherwise allowed by the Tribe. The Tribe
 1000  may not refuse said inspection and copying of such documents,
 1001  provided that the inspectors do not require copies of documents
 1002  in such volume that it unreasonably interferes with the normal
 1003  functioning of the facilities or covered games. To the extent
 1004  that the Tribe provides the state with information that the
 1005  Tribe claims to be confidential and proprietary, or a trade
 1006  secret, the Tribe shall clearly mark such information with the
 1007  following designation: “Trade Secret, Confidential, and
 1008  Proprietary.” If the state receives a request under chapter 119
 1009  that would include such designated information, the state shall
 1010  promptly notify the Tribe of such a request and the Tribe shall
 1011  promptly notify the state about its intent to seek judicial
 1012  protection from disclosure. Upon such notice from the Tribe, the
 1013  state may not release the requested information until a judicial
 1014  determination is made. This designation and notification
 1015  procedure does not excuse the state from complying with the
 1016  requirements of the state’s public records law, but is intended
 1017  to provide the Tribe the opportunity to seek whatever judicial
 1018  remedy it deems appropriate. Notwithstanding the foregoing
 1019  procedure, the state compliance agency may provide copies of
 1020  tribal documents to federal law enforcement and other state
 1021  agencies or state consultants that the state deems reasonably
 1022  necessary in order to conduct or complete any investigation of
 1023  suspected criminal activity in connection with the Tribe’s
 1024  covered games or the operation of the facilities or in order to
 1025  assure the Tribe’s compliance with this compact.
 1026         (5)At the completion of any state compliance agency
 1027  inspection or investigation, the state compliance agency shall
 1028  forward any written report thereof to the commission, containing
 1029  all pertinent, nonconfidential, nonproprietary information
 1030  regarding any violation of applicable laws or this compact which
 1031  was discovered during the inspection or investigation unless
 1032  disclosure thereof would adversely impact an investigation of
 1033  suspected criminal activity. Nothing herein prevents the state
 1034  compliance agency from contacting tribal or federal law
 1035  enforcement authorities for suspected criminal wrongdoing
 1036  involving the commission.
 1037         (6)Except as expressly provided in this compact, nothing
 1038  in this compact shall be deemed to authorize the state to
 1039  regulate the Tribe’s government, including the commission, or to
 1040  interfere in any way with the Tribe’s selection of its
 1041  governmental officers, including members of the commission.
 1042  
 1043                               PART IX                             
 1044  
 1045         JURISDICTION.—The obligations and rights of the state and
 1046  the Tribe under this compact are contractual in nature and are
 1047  to be construed in accordance with the laws of the state. This
 1048  compact does not alter tribal, federal, or state civil
 1049  adjudicatory or criminal jurisdiction in any way.
 1050  
 1051                               PART X                              
 1052  
 1053         LICENSING.—The Tribe and the commission shall comply with
 1054  the licensing and hearing requirements set forth in 25 C.F.R.
 1055  parts 556 and 558, as well as the applicable licensing and
 1056  hearing requirements set forth in Articles IV, V, and VI of the
 1057  Seminole Tribal Gaming Code. The commission shall notify the
 1058  state compliance agency of any disciplinary hearings or
 1059  revocation or suspension of licenses.
 1060  
 1061                               PART XI                             
 1062  
 1063         PAYMENTS TO THE STATE OF FLORIDA.—
 1064         (1)The parties acknowledge and recognize that this compact
 1065  provides the Tribe with partial but substantial exclusivity and
 1066  other valuable consideration consistent with the goals of the
 1067  Indian Gaming Regulatory Act, including special opportunities
 1068  for tribal economic development through gaming within the
 1069  external boundaries of the state with respect to the play of
 1070  covered games. In consideration thereof, the Tribe covenants and
 1071  agrees, subject to the conditions agreed upon in Part XII, to
 1072  make payments to the state derived from net win as set forth in
 1073  subsections (2) and (7). The Tribe further agrees that it will
 1074  not purchase or lease any new Class II video bingo terminals or
 1075  their equivalents for use at its facilities after the effective
 1076  date of this compact.
 1077         (2)The Tribe shall make periodic revenue share payments to
 1078  the state derived from net win as set forth in this subsection,
 1079  and any such payments shall be made to the state via electronic
 1080  funds transfer. Of the amounts paid by the Tribe to the state,
 1081  three percent shall be distributed to local governments,
 1082  including both counties and municipalities, in the state
 1083  affected by the Tribe’s operation of covered games. Revenue
 1084  share payments by the Tribe to the state shall be calculated as
 1085  follows:
 1086         (a)During the initial payment period, the Tribe agrees to
 1087  pay the state a revenue share payment in accordance with this
 1088  subparagraph.
 1089         1.13 percent of all amounts up to $2 billion of net win
 1090  received by the Tribe from the operation and play of covered
 1091  games during each revenue sharing cycle;
 1092         2.17.5 percent of all amounts greater than $2 billion up
 1093  to and including $3.5 billion of net win received by the Tribe
 1094  from the operation and play of covered games during each revenue
 1095  sharing cycle;
 1096         3.20 percent of all amounts greater than $3.5 billion up
 1097  to and including $4 billion of net win received by the Tribe
 1098  from the operation and play of covered games during each revenue
 1099  sharing cycle;
 1100         4.22.5 percent of all amounts greater than $4 billion up
 1101  to and including $4.5 billion of net win received by the Tribe
 1102  from the operation and play of covered games during each revenue
 1103  sharing cycle; or
 1104         5.25 percent of all amounts greater than $4.5 billion of
 1105  net win received by the Tribe from the operation and play of
 1106  covered games during each revenue sharing cycle.
 1107         (b)During the guarantee payment period, the Tribe agrees
 1108  to make fixed payments in accordance with this paragraph. In
 1109  addition, within 90 days after the end of the guarantee payment
 1110  period, the Tribe shall make an additional payment to the state
 1111  equal to the amount above $3 billion, if any, that would have
 1112  been owed by the Tribe to the state had the percentages set
 1113  forth in paragraph (c) been applicable during the guarantee
 1114  payment period.
 1115         1.A payment of $325 million during the first revenue
 1116  sharing cycle;
 1117         2.A payment of $350 million during the second revenue
 1118  sharing cycle;
 1119         3.A payment of $375 million during the third revenue
 1120  sharing cycle;
 1121         4.A payment of $425 million during the fourth revenue
 1122  sharing cycle;
 1123         5.A payment of $475 million during the fifth revenue
 1124  sharing cycle;
 1125         6.A payment of $500 million during the sixth revenue
 1126  sharing cycle; and
 1127         7.A payment of $550 million during the seventh revenue
 1128  sharing cycle.
 1129         (c)During the regular payment period, the Tribe agrees to
 1130  pay a revenue share payment, for each revenue sharing cycle, to
 1131  the state equal to the amount calculated in accordance with this
 1132  paragraph.
 1133         1.13 percent of all amounts up to $2 billion of net win
 1134  received by the Tribe from the operation and play of covered
 1135  games during each revenue sharing cycle;
 1136         2.17.5 percent of all amounts greater than $2 billion up
 1137  to and including $3.5 billion of net win received by the Tribe
 1138  from the operation and play of covered games during each revenue
 1139  sharing cycle;
 1140         3.20 percent of all amounts greater than $3.5 billion up
 1141  to and including $4 billion of net win received by the Tribe
 1142  from the operation and play of covered games during each revenue
 1143  sharing cycle;
 1144         4.22.5 percent of all amounts greater than $4 billion up
 1145  to and including $4.5 billion of net win received by the Tribe
 1146  from the operation and play of covered games during each revenue
 1147  sharing cycle; or
 1148         5.25 percent of all amounts greater than $4.5 billion of
 1149  net win received by the Tribe from the operation and play of
 1150  covered games during each revenue sharing cycle.
 1151         (3)The Tribe shall remit monthly payments as follows:
 1152         (a)On or before the 15th day of the month following each
 1153  month of the revenue sharing cycle, the Tribe will remit to the
 1154  state or its assignee the monthly payment. For purposes of this
 1155  section, the monthly payment shall be 8.3 percent of the
 1156  estimated revenue share payment to be paid by the Tribe during
 1157  such revenue sharing cycle.
 1158         (b)The Tribe shall make available to the state at the time
 1159  of the monthly payment the basis for the calculation of the
 1160  payment.
 1161         (c)The Tribe shall, on a monthly basis, reconcile the
 1162  calculation of the estimated revenue share payment based on the
 1163  Tribe’s unaudited financial statements related to covered games.
 1164         (4)The Tribe shall have an audit conducted as follows:
 1165         (a)On or before the 45th day after the third month, sixth
 1166  month, ninth month, and twelfth month of each revenue sharing
 1167  cycle, provided that the 12-month period does not coincide with
 1168  the Tribe’s fiscal year end date as indicated in paragraph (c),
 1169  the Tribe shall provide the state with an audit report by its
 1170  independent auditors as to the annual revenue share calculation.
 1171         (b)For each quarter within revenue sharing cycle, the
 1172  Tribe shall engage its independent auditors to conduct a review
 1173  of the unaudited net revenue from covered games. On or before
 1174  the 120th day after the end of the Tribe’s fiscal year, the
 1175  Tribe shall require its independent auditors to provide an audit
 1176  report with respect to net win for covered games and the related
 1177  payment of the annual revenue share.
 1178         (c)If the twelfth month of the revenue sharing cycle does
 1179  not coincide with the Tribe’s fiscal year, the Tribe shall
 1180  deduct net win from covered games for any of the months outside
 1181  of the revenue sharing cycle and include net win from covered
 1182  games for those months outside of the Tribe’s audit period but
 1183  within the revenue sharing cycle, before issuing the audit
 1184  report.
 1185         (d)No later than 30 calendar days after the day the audit
 1186  report is issued, the Tribe shall remit to the state any
 1187  underpayment of the annual revenue share, and the state shall
 1188  either reimburse to the Tribe any overpayment of the annual
 1189  revenue share or authorize the overpayment to be deducted from
 1190  the next successive monthly payment or payments.
 1191         (5)If, after any change in state law to affirmatively
 1192  allow internet or online gaming, or any functionally equivalent
 1193  remote gaming system that permits a person to play from home or
 1194  any other location that is remote from a casino or other
 1195  commercial gaming facility, but excluding any fantasy contest
 1196  conducted pursuant to s. 546.13, the Tribe’s net win from the
 1197  operation of covered games at all of its facilities combined
 1198  drops more than five percent below its net win from the previous
 1199  12-month period, the Tribe shall no longer be required to make
 1200  payments to the state based on the guaranteed minimum compact
 1201  term payment and shall not be required to make the guaranteed
 1202  minimum compact term payment. However, the Tribe shall continue
 1203  to make payments based on the percentage revenue share amount.
 1204  The Tribe shall resume making the guaranteed minimum compact
 1205  term payment for any subsequent revenue sharing cycle in which
 1206  its net win rises above the level described in this subsection.
 1207  This subsection does not apply if:
 1208         (a)The decline in net win is due to acts of God, war,
 1209  terrorism, fires, floods, or accidents causing damage to or
 1210  destruction of one or more of its facilities or property
 1211  necessary to operate the facility of facilities; or
 1212         (b)The Tribe offers internet or online gaming or any
 1213  functionally equivalent remote gaming system that permits a
 1214  person to game from home or any other location that is remote
 1215  from any of the Tribe’s facilities, as authorized by law.
 1216         (6)The annual oversight assessment, which shall not exceed
 1217  $250,000 per year, indexed for inflation as determined by the
 1218  Consumer Price Index, shall be determined and paid in quarterly
 1219  installments within 30 calendar days after receipt by the Tribe
 1220  of an invoice from the state compliance agency. The Tribe
 1221  reserves the right to audit the invoices on an annual basis, a
 1222  copy of which will be provided to the state compliance agency,
 1223  and any discrepancies found therein shall be reconciled within
 1224  45 calendar days after receipt of the audit by the state
 1225  compliance agency.
 1226         (7)The Tribe shall make an annual donation to the Florida
 1227  Council on Compulsive Gaming as an assignee of the state in an
 1228  amount not less than $250,000 per facility.
 1229         (8)Except as expressly provided in this part, nothing in
 1230  this compact shall be deemed to require the Tribe to make
 1231  payments of any kind to the state or any of its agencies.
 1232  
 1233                              PART XII                             
 1234  
 1235         REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
 1236  OR OTHER CHANGES IN STATE LAW.—The intent of this compact is to
 1237  provide the Tribe with the right to operate covered games on an
 1238  exclusive basis throughout the state, subject to the exceptions
 1239  and provisions in this part.
 1240         (1)For purposes of this part, the terms “Class III gaming”
 1241  or “other casino-style gaming” include, but are not limited to,
 1242  slot machines, electronically assisted bingo, electronically
 1243  assisted pull-tab games, noncard table games, video lottery
 1244  terminals, or any similar games, whether or not such games are
 1245  determined through the use of a random number generator. For the
 1246  purposes of this part, the terms “Class III gaming” and “other
 1247  casino-style gaming” do not include fantasy contests conducted
 1248  pursuant to s. 546.13 or designated player games of poker
 1249  authorized pursuant to s. 849.086, as those statutes are in
 1250  effect on January 1, 2019.
 1251         (a)If, after January 1, 2019, state law is amended,
 1252  implemented, or interpreted to allow the operation of Class III
 1253  gaming or other casino-style gaming at any location under the
 1254  jurisdiction of the state that was not in operation as of
 1255  January 1, 2019, or a new form of Class III gaming or other
 1256  casino-style gaming that was not in operation as of January 1,
 1257  2019, and such gaming is offered to the public as a result of
 1258  the amendment, implementation, or interpretation, the Tribe, no
 1259  fewer than 30 days after the commencement of such new gaming or
 1260  90 days after the state’s receipt of written notice from the
 1261  Tribe pursuant to paragraph (b), whichever occurs later, may
 1262  elect to begin making the affected portion of its payments due
 1263  to the state pursuant to subsections (2) and (7) of Part XI,
 1264  into an escrow account.
 1265         (b)In order to exercise the provisions of paragraph (a),
 1266  the Tribe must first notify the state, within 90 days after such
 1267  amendment, implementation, or interpretation of state law, of
 1268  the Tribe’s objections to such action or interpretation and
 1269  further specify the basis for the Tribe’s contention that such
 1270  action or interpretation infringes upon the substantial
 1271  exclusivity afforded under this compact. As part of its written
 1272  notice, the Tribe must also indicate, if applicable, its
 1273  intention to begin making the affected portion of its payments
 1274  due to the state into an escrow account.
 1275         (c)Upon receipt of written notice from the Tribe, the
 1276  state may elect to:
 1277         1.Invoke the dispute resolution provisions of Part XIII to
 1278  determine whether the Tribe’s contention is well-founded. In
 1279  such proceeding, the Tribe carries the burden of proof and
 1280  persuasion. The pendency of such proceeding tolls the time
 1281  periods set forth in paragraph (1)(a) of Part XII for the
 1282  duration of the dispute or litigation; or
 1283         2.Seek through enforcement action, legislation, or other
 1284  means to stop the conduct of such new games.
 1285         (d)1.If, within 15 months following the state’s receipt of
 1286  written notice from the Tribe, the Tribe’s contention is deemed
 1287  not to be well-founded at the conclusion of dispute resolution
 1288  or new gaming is made illegal and is halted, then all funds
 1289  being held in the escrow account shall be released to the state
 1290  and all further payments due to the state pursuant to
 1291  subsections (2) and (7) of Part XI shall promptly resume.
 1292         2.If, after 15 months following the state’s receipt of
 1293  written notice from the Tribe, the Tribe’s contention is deemed
 1294  to be well-founded at the conclusion of dispute resolution and
 1295  such gaming is not made illegal and halted, then all funds being
 1296  held in escrow shall be returned to the Tribe and all further
 1297  payments due to the state pursuant to subsections (2) and (7) of
 1298  Part XI shall cease or be reduced as provided in subsection (2)
 1299  until such gaming is no longer operated, in which event the
 1300  payments shall promptly resume.
 1301         (2)The following are exceptions to the exclusivity
 1302  provisions of subsection (1):
 1303         (a)Any Class III gaming authorized by a compact between
 1304  the state and any other federally recognized tribe pursuant to
 1305  Indian Gaming Regulatory Act, provided that the tribe has land
 1306  in federal trust in the state as of January 1, 2018.
 1307         (b)The operation of slot machines, which does not include
 1308  any game played with tangible playing cards, at each of the four
 1309  currently operating licensed pari-mutuel facilities in Broward
 1310  County and the four currently operating licensed pari-mutuel
 1311  facilities in Miami-Dade County, whether or not currently
 1312  operating slot machines, provided that such licenses are not
 1313  transferred or otherwise used to move or operate such slot
 1314  machines at any other location.
 1315         (c)1.If state law is amended to allow for the play of any
 1316  additional type of Class III or other casino-style gaming at any
 1317  of the presently operating licensed pari-mutuel facilities in
 1318  Broward and Miami-Dade Counties, the Tribe may be entitled to a
 1319  reduction in the revenue sharing payment as described in
 1320  subparagraph 2.
 1321         2.If the Tribe’s annual net win from its facilities
 1322  located in Broward County for the 12 month period after the
 1323  gaming specified in subparagraph 1. begins to be offered for
 1324  public or private use is less than the net revenue base, the
 1325  revenue share payments due to the state, pursuant to paragraph
 1326  (2)(b) of Part XI, for the next revenue sharing cycle and future
 1327  revenue sharing cycles shall be calculated by reducing the
 1328  Tribe’s payment on revenue generated from its facilities in
 1329  Broward County by 50 percent of that reduction in annual net win
 1330  from its facilities in Broward County. This paragraph does not
 1331  apply if the decline in net win is due to acts of God, war,
 1332  terrorism, fires, floods, or accidents causing damage to or
 1333  destruction of one or more of its facilities or property
 1334  necessary to operate the facility or facilities.
 1335         3.If the Tribe’s annual net win from its facilities
 1336  located in Broward County subsequently equals or exceeds the net
 1337  revenue base, then the Tribe’s payments due to the state
 1338  pursuant to paragraph (2)(b) of Part XI shall again be
 1339  calculated without any reduction, but may be reduced again under
 1340  the provisions set forth in subparagraph 2.
 1341         (d)If state law is amended to allow the play of Class III
 1342  gaming or other casino-style gaming, as defined in this part, at
 1343  any location in Miami-Dade County or Broward County under the
 1344  jurisdiction of the state that is not presently licensed for the
 1345  play of such games at such locations, other than those
 1346  facilities set forth in paragraph (c) and this paragraph, and
 1347  such games were not in play as of January 1, 2018, and such
 1348  gaming begins to be offered for public or private use, the
 1349  payments due the state pursuant to subparagraph (c)2., shall be
 1350  calculated by excluding the net win from the Tribe’s facilities
 1351  in Broward County.
 1352         (e)The operation of a combined total of not more than 350
 1353  historic racing machines, connected to a central server at that
 1354  facility, and electronic bingo machines at each pari-mutuel
 1355  facility licensed as of January 1, 2018, and not located in
 1356  either Broward County or Miami-Dade County.
 1357         (f)The operation of pari-mutuel wagering activities at
 1358  pari-mutuel facilities licensed by the state.
 1359         (g)The operation by the Department of the Lottery of those
 1360  types of lottery games authorized under chapter 24 as of January
 1361  1, 2018, but not including any player-activated or operated
 1362  machine or device other than a lottery vending machine or any
 1363  banked or banking card or table game. However, not more than ten
 1364  lottery vending machines may be installed at any facility or
 1365  location and no lottery vending machine that dispenses
 1366  electronic instant tickets may be installed at any licensed
 1367  pari-mutuel facility.
 1368         (h) The operation of games of poker, including designated
 1369  player games of poker, as authorized by chapter 849 as of
 1370  January 1, 2019.
 1371         (i) The operation of games permitted by chapters 546 and
 1372  849, Florida Statutes, as of January 1, 2019.
 1373         (j) The following events shall not trigger any remedy under
 1374  this compact and do not affect the exclusivity provisions of
 1375  this compact:
 1376         1. Any change to the tax rate paid to the state by the
 1377  licensed pari-mutuel permitholders for the operation of slot
 1378  machines, provided the effective tax rate is not less than 25
 1379  percent. If the effective tax rate is less than 25 percent, then
 1380  the Tribe shall be relieved of its obligations to make the
 1381  guaranteed minimum compact term payment and any further
 1382  guaranteed revenue sharing cycle payment, but instead shall make
 1383  payments to the state for all future revenue sharing cycles
 1384  based on the percentage payments set forth in paragraph (2)(c)
 1385  of Part XI, but shall be permitted to exclude all revenue
 1386  generated by slot machines at its facilities in Broward County;
 1387  and
 1388         2. Any change in state law that removes the requirement for
 1389  pari-mutuel permitholders to conduct performances of live races
 1390  or games in order to operate other authorized gaming activities.
 1391         (3)To the extent that the exclusivity provisions of this
 1392  part are breached or otherwise violated and the Tribe’s ongoing
 1393  payment obligations to the state pursuant to subsections (2) and
 1394  (7) of Part XI cease, any outstanding payments that would have
 1395  been due the state from the Tribe’s facilities before the breach
 1396  or violation shall be made within 30 business days after the
 1397  breach or violation.
 1398         (4)The breach of this part’s exclusivity provisions and
 1399  the cessation of payments pursuant to subsections (2) and (7) of
 1400  Part XI shall not excuse the Tribe from continuing to comply
 1401  with all other provisions of this compact, including continuing
 1402  to pay the state the annual oversight assessment as set forth in
 1403  subsection (6) of Part XI.
 1404  
 1405                              PART XIII                            
 1406  
 1407         DISPUTE RESOLUTION.—In the event that the Tribe or State
 1408  believes that the other party has failed to comply with any
 1409  requirements of this compact, or in the event of any dispute
 1410  hereunder, including, but not limited to, a dispute over the
 1411  proper interpretation of the terms and conditions of this
 1412  compact, the goal of the parties is to resolve all disputes
 1413  amicably and voluntarily whenever possible. In pursuit of this
 1414  goal, the following procedures may be invoked:
 1415         (1)A party asserting noncompliance or seeking an
 1416  interpretation of this compact first shall serve written notice
 1417  on the other party. The notice shall identify the specific
 1418  compact provision alleged to have been violated or in dispute
 1419  and shall specify in detail the asserting party’s contention and
 1420  any factual basis for the claim. Representatives of the Tribe
 1421  and state shall meet within 30 calendar days after receipt of
 1422  notice in an effort to resolve the dispute, unless they mutually
 1423  agree to extend this period.
 1424         (2)A party asserting noncompliance or seeking an
 1425  interpretation of this compact under this part shall be deemed
 1426  to have certified that to the best of the party’s knowledge,
 1427  information, and belief formed after reasonable inquiry, the
 1428  claim of noncompliance or the request for interpretation of this
 1429  compact is warranted and made in good faith and not for any
 1430  improper purpose, such as to harass or to cause unnecessary
 1431  delay or the needless incurring of the cost of resolving the
 1432  dispute.
 1433         (3)If the parties are unable to resolve a dispute through
 1434  the process specified in subsections (1) and (2), either party
 1435  may call for mediation under the Commercial Mediation Procedures
 1436  of the American Arbitration Association or any successor
 1437  procedures, provided that such mediation does not last more than
 1438  60 calendar days, unless an extension to this time limit is
 1439  negotiated by the parties. Only matters arising under the terms
 1440  of this compact may be available for resolution through
 1441  mediation. If the parties are unable to resolve a dispute
 1442  through the process specified in this part, notwithstanding any
 1443  other provision of law, either party may bring an action in a
 1444  United States District Court having venue regarding a dispute
 1445  arising under this compact. If the court declines to exercise
 1446  jurisdiction, or federal precedent exists that holds that the
 1447  court would not have jurisdiction over such a dispute, either
 1448  party may bring the action in the appropriate court of the
 1449  Seventeenth Judicial Circuit in Broward County, Florida. The
 1450  parties are entitled to all rights of appeal permitted by law in
 1451  the court system in which the action is brought.
 1452         (4)For purposes of actions based on disputes between the
 1453  state and the Tribe that arise under this compact and the
 1454  enforcement of any judgment resulting from such action, the
 1455  Tribe and the state each expressly waive the right to assert
 1456  sovereign immunity from suit and from enforcement of any ensuing
 1457  judgment, and further consent to be sued in federal or state
 1458  court, including the right of appeal specified above, as the
 1459  case may be, provided that:
 1460         (a)The dispute is limited solely to issues arising under
 1461  this compact.
 1462         (b)There is no claim for monetary damages, except that
 1463  payment of any money required by the terms of this compact, as
 1464  well as injunctive relief or specific performance enforcing a
 1465  provision of this compact requiring the payment of money to the
 1466  state may be sought.
 1467         (c)Nothing herein shall be construed to constitute a
 1468  waiver of the sovereign immunity of the Tribe with respect to
 1469  any third party that is made a party or intervenes as a party to
 1470  the action. In the event that intervention, joinder, or other
 1471  participation by any additional party in any action between the
 1472  state and the Tribe would result in the waiver of the Tribe’s
 1473  sovereign immunity as to that additional party, the waiver of
 1474  the Tribe may be revoked.
 1475         (5)The state may not be precluded from pursuing any
 1476  mediation or judicial remedy against the Tribe on the grounds
 1477  that the state has failed to exhaust its Tribal administrative
 1478  remedies.
 1479         (6)Notwithstanding any other provision of this part, any
 1480  failure of the Tribe to remit the payments pursuant to the terms
 1481  of Part XI entitles the state to seek injunctive relief in
 1482  federal or state court, at the state’s election, to compel the
 1483  payments after the dispute resolution process in subsections (1)
 1484  and (2) is exhausted.
 1485  
 1486                              PART XIV                             
 1487  
 1488         CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
 1489         (1)Each provision of this compact shall stand separate and
 1490  independent of every other provision. In the event that a
 1491  federal district court in Florida or other court of competent
 1492  jurisdiction shall find any provision of this compact to be
 1493  invalid, the remaining provisions shall remain in full force and
 1494  effect, provided that severing the invalidated provision does
 1495  not undermine the overall intent of the parties in entering into
 1496  this compact. However, if subsection (6) of Part III, Part XI,
 1497  or Part XII are held by a court of competent jurisdiction to be
 1498  invalid, this compact will become null and void.
 1499         (2)It is understood that Part XII, which provides for a
 1500  cessation of the payments to the state under Part XI, does not
 1501  create any duty on the state but only a remedy for the Tribe if
 1502  gaming under state jurisdiction is expanded.
 1503         (3)This compact is intended to meet the requirements of
 1504  the Indian Gaming Regulatory Act as it reads on the effective
 1505  date of this compact, and where reference is made to the Indian
 1506  Gaming Regulatory Act, or to an implementing regulation thereof,
 1507  the reference is deemed to have been incorporated into this
 1508  document. Subsequent changes to the Indian Gaming Regulatory Act
 1509  that diminish the rights of the state or Tribe may not be
 1510  applied retroactively to alter the terms of this compact, except
 1511  to the extent that federal law validly mandates that retroactive
 1512  application without the respective consent of the state or the
 1513  Tribe. In the event that a subsequent change in the Indian
 1514  Gaming Regulatory Act, or to an implementing regulation thereof,
 1515  mandates retroactive application without the respective consent
 1516  of the state or the Tribe, the parties agree that this compact
 1517  is voidable by either party if the subsequent change materially
 1518  alters the provisions in the compact relating to the play of
 1519  covered games, revenue sharing payments, suspension or reduction
 1520  of payments, or exclusivity.
 1521         (4)Neither the presence of language that is not included
 1522  in this compact, nor the absence in this compact of language
 1523  that is present in another state-tribal compact shall be a
 1524  factor in construing the terms of this compact.
 1525         (5)The Tribe and the state shall defend the validity of
 1526  this compact.
 1527         (6)The parties shall cooperate in seeking approval of this
 1528  compact from the Secretary of the Department of the Interior.
 1529  
 1530                               PART XV                             
 1531  
 1532         NOTICES.—All notices required under this compact shall be
 1533  given by certified mail, return receipt requested, commercial
 1534  overnight courier service, or personal delivery, to the
 1535  Governor, the President of the Senate, the Speaker of the House
 1536  of Representatives, and the Chairman and General Counsel of the
 1537  Seminole Tribe of Florida.
 1538  
 1539                              PART XVI                             
 1540  
 1541         EFFECTIVE DATE AND TERM.—
 1542         (1)This compact, if identical to the version ratified by
 1543  the Legislature in s. 285.710(3)(c), Florida Statutes, in 2018,
 1544  shall become effective upon its approval as a tribal-state
 1545  compact within the meaning of the Indian Gaming Regulatory Act
 1546  either by action of the Secretary of the Department of the
 1547  Interior or by operation of law under 25 U.S.C. s. 2710(d)(8)
 1548  upon publication of a notice of approval in the Federal Register
 1549  under 25 U.S.C. s. 2710(d)(8)(D).
 1550         (2)This compact shall have a term of twenty years
 1551  beginning on the first day of the month following the month in
 1552  which the compact becomes effective under subsection (1).
 1553         (3)The Tribe’s authorization to offer covered games under
 1554  this compact shall automatically terminate twenty years after
 1555  the effective date unless renewed by an affirmative act of the
 1556  Legislature.
 1557  
 1558                              PART XVII                            
 1559  
 1560         AMENDMENT OF COMPACT AND REFERENCES.—
 1561         (1)Amendment of this compact may only be made by written
 1562  agreement of the parties, subject to approval by the Secretary
 1563  of the Department of the Interior, either by publication of the
 1564  notice of approval in the Federal Register or by operation of
 1565  law under 25 U.S.C. s. 2710(d)(8).
 1566         (2)Legislative ratification is required for any amendment
 1567  to the compact that alters the provisions relating to covered
 1568  games, the amount of revenue sharing payments, suspension or
 1569  reduction in payments, or exclusivity.
 1570         (3)Changes in the provisions of tribal ordinances,
 1571  regulations, and procedures referenced in this compact may be
 1572  made by the Tribe with 30 days’ advance notice to the state. If
 1573  the state has an objection to any change to the tribal
 1574  ordinance, regulation, or procedure which is the subject of the
 1575  notice on the ground that its adoption would be a violation of
 1576  the Tribe’s obligations under this compact, the state may invoke
 1577  the dispute resolution provisions provided in Part XIII.
 1578  
 1579                             PART XVIII                            
 1580  
 1581         MISCELLANEOUS.—
 1582         (1)Except to the extent expressly provided in this
 1583  compact, this compact is not intended to, and shall not be
 1584  construed to, create any right on the part of a third party to
 1585  bring an action to enforce any of its terms.
 1586         (2)If, after the effective date of this compact, the state
 1587  enters into a compact with any other Tribe that contains more
 1588  favorable terms with respect to the provisions of this Compact
 1589  and the Secretary of the Department of the Interior approves
 1590  such compact, either by publication of the notice of approval in
 1591  the Federal Register or by operation of law under 25 U.S.C. s.
 1592  2710(d)(8), upon tribal notice to the state and the Secretary,
 1593  this compact shall be deemed amended to contain the more
 1594  favorable terms, unless the state objects to the change and can
 1595  demonstrate, in a proceeding commenced under Part XIII, that the
 1596  terms in question are not more favorable.
 1597         (3)Upon the occurrence of certain events beyond the
 1598  Tribe’s control, including acts of God, war, terrorism, fires,
 1599  floods, or accidents causing damage to or destruction of one or
 1600  more of its facilities or property necessary to operate the
 1601  facility or facilities, the Tribe’s obligation to pay the
 1602  guaranteed minimum compact term payment described in Part XI
 1603  shall be reduced pro rata to reflect the percentage of the total
 1604  net win lost to the Tribe from the impacted facility or
 1605  facilities and the net win specified under subsection (2) of
 1606  Part XII for purposes of determining whether the Tribe’s
 1607  payments described in Part XI shall cease, shall be reduced pro
 1608  rata to reflect the percentage of the total net win lost to the
 1609  Tribe from the impacted facility or facilities. The foregoing
 1610  shall not excuse any obligations of the Tribe to make payments
 1611  to the state as and when required hereunder or in any related
 1612  document or agreement.
 1613         (4)The Tribe and the state recognize that opportunities to
 1614  engage in gaming in smoke-free or reduced-smoke environments
 1615  provides both health and other benefits to patrons, and the
 1616  Tribe has instituted a nonsmoking section at its Seminole Hard
 1617  Rock Hotel & Casino-Hollywood Facility. As part of its
 1618  continuing commitment to this issue, the Tribe shall:
 1619         (a)Install and utilize a ventilation system at all new
 1620  construction at its facilities, which system exhausts tobacco
 1621  smoke to the extent reasonably feasible under existing state-of
 1622  the-art technology.
 1623         (b)Designate a smoke-free area for slot machines at all
 1624  new construction at its facilities.
 1625         (c)Install nonsmoking, vented tables for table games
 1626  installed in its facilities sufficient to reasonably respond to
 1627  demand for such tables.
 1628         (d) Designate a nonsmoking area for gaming within all of
 1629  its facilities within five years after the effective date of the
 1630  compact.
 1631         (5)The annual average minimum pay-out of all slot machines
 1632  in each facility may not be less than 85 percent.
 1633         (6)Nothing in this compact shall alter any of the existing
 1634  memoranda of understanding, contracts, or other agreements
 1635  entered into between the Tribe and any other federal, state, or
 1636  local governmental entity.
 1637         (7)The Tribe currently has, as set forth in its Employee
 1638  Fair Treatment and Dispute Resolution Policy, and agrees to
 1639  maintain, standards that are comparable to the standards
 1640  provided in federal laws and state laws forbidding employers
 1641  from discrimination in connection with the employment of persons
 1642  working at the facilities on the basis of race, color, religion,
 1643  national origin, gender, age, disability, or marital status.
 1644  Nothing herein shall preclude the Tribe from giving preference
 1645  in employment, promotion, seniority, lay-offs, or retention to
 1646  members of the Tribe and other federally recognized tribes.
 1647         (8)The Tribe shall, with respect to any facility where
 1648  covered games are played, adopt and comply with tribal
 1649  requirements that meet the same minimum state requirements
 1650  applicable to businesses in the state with respect to
 1651  environmental and building standards.
 1652  
 1653                              PART XIX                             
 1654  
 1655         EXECUTION.—The Governor of the State of Florida affirms
 1656  that he has authority to act for the state in this matter and
 1657  that, provided that this compact is identical to the compact
 1658  ratified by the Legislature pursuant to s. 285.710(3)(c),
 1659  Florida Statutes, no further action by the state or any state
 1660  official is necessary for this compact to take effect upon
 1661  federal approval by action of the Secretary of the Department of
 1662  the Interior or by operation of law under 25 U.S.C. s.
 1663  2710(d)(8) by publication of the notice of approval in the
 1664  Federal Register. The Governor affirms that he will proceed with
 1665  obtaining such federal approval and take all other appropriate
 1666  action to effectuate the purposes and intent of this Compact.
 1667  The undersigned Chairman of the Tribal Council of the Seminole
 1668  Tribe of Florida affirms that he is duly authorized and has the
 1669  authority to execute this Compact on behalf of the Tribe. The
 1670  Chairman also affirms that he will assist in obtaining federal
 1671  approval and take all other appropriate action to effectuate the
 1672  purposes and intent of this Compact.
 1673         Section 2. Subsection (4) of section 285.712, Florida
 1674  Statutes, is amended to read:
 1675         285.712 Tribal-state gaming compacts.—
 1676         (4) Upon execution receipt of an act ratifying a tribal
 1677  state compact entered pursuant to s. 285.710(3)(b), the Governor
 1678  shall provide a copy to the Secretary of State who shall forward
 1679  a copy of the executed compact and the ratifying act to the
 1680  United States Secretary of the Interior for his or her review
 1681  and approval, in accordance with 25 U.S.C. s. 2710(d)(8)
 1682  2710(8)(d).
 1683         Section 3. Section 546.13, Florida Statutes, is created to
 1684  read:
 1685         546.13 Fantasy contests and fantasy contest operators.—
 1686         (1) DEFINITIONS.—As used in this section, the term:
 1687         (a)“Entry fee” means cash or a cash equivalent that is
 1688  required to be paid by a participant in order to participate in
 1689  a fantasy contest.
 1690         (b)“Fantasy contest” means a fantasy or simulated game or
 1691  contest in which:
 1692         1.The value of all prizes and awards offered to winning
 1693  participants is established and made known to the participants
 1694  in advance of the contest;
 1695         2.All winning outcomes reflect the relative knowledge and
 1696  skill of the participants and are determined predominantly by
 1697  accumulated statistical results of the performance of
 1698  individuals, including athletes in the case of sporting events;
 1699         3.No winning outcome is based on the score, point spread,
 1700  or any performance or performances of any single actual team or
 1701  combination of such teams, solely on any single performance of
 1702  an individual athlete or player in any single actual event, or
 1703  on the performances of participants in collegiate, high school,
 1704  or youth sporting events.
 1705         (c)“Fantasy contest operator” means a person or an entity,
 1706  including any employee or agent, that offers or conducts a
 1707  fantasy contest with an entry fee for a cash prize or award and
 1708  that is not a participant in the fantasy contest.
 1709         (2)EXEMPTIONS.—The Department of Business and Professional
 1710  Regulation may not regulate and the offenses established in s.
 1711  849.01, s. 849.08, s. 849.09, s. 849.11, s. 849.14, and s.
 1712  849.25 do not include or apply to a fantasy contest operated or
 1713  conducted by a:
 1714         (a) Fantasy contest operator.
 1715         (b) Natural person who is a participant in the fantasy
 1716  contest, serves as the commissioner of not more than 10 fantasy
 1717  contests in a calendar year, and distributes all entry fees for
 1718  the fantasy contest as prizes or awards to the participants in
 1719  that fantasy contest.
 1720         Section 4. Subsections (1) and (3) of section 550.01215,
 1721  Florida Statutes, are amended to read:
 1722         550.01215 License application; periods of operation; bond,
 1723  conversion of permit.—
 1724         (1) Each permitholder shall annually, during the period
 1725  between December 15 and January 4, file in writing with the
 1726  division its application for an operating a license to conduct
 1727  pari-mutuel wagering during the next state fiscal year,
 1728  including intertrack and simulcast race wagering for greyhound
 1729  racing permitholders, harness horse racing permitholders, and
 1730  quarter horse racing permitholders that do not to conduct live
 1731  performances during the next state fiscal year. Each application
 1732  for live performances must shall specify the number, dates, and
 1733  starting times of all live performances that which the
 1734  permitholder intends to conduct. It must shall also specify
 1735  which performances will be conducted as charity or scholarship
 1736  performances.
 1737         (a)In addition, Each application for an operating a
 1738  license also must shall include:,
 1739         1. For each permitholder, whether the permitholder intends
 1740  to accept wagers on intertrack or simulcast events.
 1741         2.For each permitholder that elects which elects to
 1742  operate a cardroom, the dates and periods of operation the
 1743  permitholder intends to operate the cardroom. or,
 1744         3. For each thoroughbred racing permitholder that which
 1745  elects to receive or rebroadcast out-of-state races after 7
 1746  p.m., the dates for all performances which the permitholder
 1747  intends to conduct.
 1748         (b)A greyhound racing permitholder that conducted a full
 1749  schedule of live racing for a period of at least 10 consecutive
 1750  state fiscal years after the 1996-1997 state fiscal year, or
 1751  that converted its permit to a permit to conduct greyhound
 1752  racing after the 1996-1997 state fiscal year, may specify in its
 1753  application for an operating license that it does not intend to
 1754  conduct live racing, or that it intends to conduct less than a
 1755  full schedule of live racing, in the next state fiscal year. A
 1756  greyhound racing permitholder may retain its permit; is a pari
 1757  mutuel facility as defined in s. 550.002(23); if such
 1758  permitholder has been issued a slot machine license, the
 1759  facility where such permit is located remains an eligible
 1760  facility as defined in s. 551.102(4), continues to be eligible
 1761  for a slot machine license, and is exempt from ss. 551.104(3)
 1762  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1763  required, to be a guest track for purposes of intertrack
 1764  wagering and simulcasting pursuant to ss. 550.3551, 550.615, and
 1765  550.6305; and remains eligible for a cardroom license
 1766  notwithstanding any requirement in s. 849.086 for the conduct of
 1767  live performances. A greyhound racing permitholder may receive
 1768  an operating license to conduct pari-mutuel wagering activities
 1769  at another permitholder’s greyhound racing facility pursuant to
 1770  s. 550.475.
 1771         (c) A harness horse racing permitholder or a quarter horse
 1772  racing permitholder that has conducted live racing for at least
 1773  5 years irrevocably may elect not to conduct live racing if the
 1774  election is made within 30 days after the effective date of this
 1775  act. A permitholder that makes such election may retain its
 1776  permit; is a pari-mutuel facility as defined in s. 550.002(23);
 1777  if such permitholder has been issued a slot machine license, the
 1778  facility where such permit is located remains an eligible
 1779  facility as defined in s. 551.102(4), continues to be eligible
 1780  for a slot machine license, and is exempt from ss. 551.104(3)
 1781  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1782  required, to be a guest track and, if the permitholder is a
 1783  harness horse racing permitholder, to be a host track for
 1784  purposes of intertrack wagering and simulcasting pursuant to ss.
 1785  550.3551, 550.615, 550.625, and 550.6305; and remains eligible
 1786  for a cardroom license notwithstanding any requirement in s.
 1787  849.086 to conduct live performances.
 1788         (d) Permitholders may shall be entitled to amend their
 1789  applications through February 28.
 1790         (3) The division shall issue each license no later than
 1791  March 15. Each permitholder shall operate all performances at
 1792  the date and time specified on its license. The division shall
 1793  have the authority to approve minor changes in racing dates
 1794  after a license has been issued. The division may approve
 1795  changes in racing dates after a license has been issued when
 1796  there is no objection from any operating permitholder located
 1797  within 50 miles of the permitholder requesting the changes in
 1798  operating dates. In the event of an objection, the division
 1799  shall approve or disapprove the change in operating dates based
 1800  upon the impact on operating permitholders located within 50
 1801  miles of the permitholder requesting the change in operating
 1802  dates. In making the determination to change racing dates, the
 1803  division shall take into consideration the impact of such
 1804  changes on state revenues. Notwithstanding any other provision
 1805  of law, and for the 2018-2019 fiscal year only, the division may
 1806  approve changes in racing dates for permitholders if the request
 1807  for such changes is received before May 31, 2018.
 1808         Section 5. Subsections (9), (13), (14), and paragraph (a)
 1809  of subsection (11) of section 550.054, Florida Statutes, are
 1810  amended to read:
 1811         550.054 Application for permit to conduct pari-mutuel
 1812  wagering.—
 1813         (9)(a) After a permit has been granted by the division and
 1814  has been ratified and approved by the majority of the electors
 1815  participating in the election in the county designated in the
 1816  permit, the division shall grant to the lawful permitholder,
 1817  subject to the conditions of this chapter, a license to conduct
 1818  pari-mutuel operations under this chapter, and, except as
 1819  provided in s. 550.5251, the division shall fix annually the
 1820  time, place, and number of days during which pari-mutuel
 1821  operations may be conducted by the permitholder at the location
 1822  fixed in the permit and ratified in the election. After the
 1823  first license has been issued to the holder of a ratified permit
 1824  for racing in any county, all subsequent annual applications for
 1825  a license by that permitholder must be accompanied by proof, in
 1826  such form as the division requires, that the ratified
 1827  permitholder still possesses all the qualifications prescribed
 1828  by this chapter and that the permit has not been recalled at a
 1829  later election held in the county.
 1830         (b) The division may revoke or suspend any permit or
 1831  license issued under this chapter upon a the willful violation
 1832  by the permitholder or licensee of any provision of chapter 551,
 1833  chapter 849, or this chapter or rules of any rule adopted
 1834  pursuant to those chapters. With the exception of the revocation
 1835  of permits required in paragraphs (c) and (e) under this
 1836  chapter. In lieu of suspending or revoking a permit or license,
 1837  the division, in lieu of suspending or revoking a permit or
 1838  license, may impose a civil penalty against the permitholder or
 1839  licensee for a violation of this chapter or rules adopted
 1840  pursuant thereto any rule adopted by the division. The penalty
 1841  so imposed may not exceed $1,000 for each count or separate
 1842  offense. All penalties imposed and collected must be deposited
 1843  with the Chief Financial Officer to the credit of the General
 1844  Revenue Fund.
 1845         (c)1.The division shall revoke the permit of any
 1846  permitholder that fails to make payments due pursuant to chapter
 1847  550, chapter 551, or s. 849.086 for more than 24 consecutive
 1848  months unless such failure was the direct result of fire,
 1849  strike, war, or other disaster or event beyond the
 1850  permitholder’s control. Financial hardship to the permitholder
 1851  does not, in and of itself, constitute just cause for failure to
 1852  make payments.
 1853         2.The division shall revoke the permit of any permitholder
 1854  that has not obtained an operating license in accordance with s.
 1855  550.01215 for a period of more than 24 consecutive months after
 1856  June 30, 2012. The division shall revoke the permit upon
 1857  adequate notice to the permitholder. Financial hardship to the
 1858  permitholder does not, in and of itself, constitute just cause
 1859  for failure to operate.
 1860         (d)A new permit to conduct pari-mutuel wagering may not be
 1861  approved or issued after January 1, 2018.
 1862         (e)A permit revoked under this subsection is void and may
 1863  not be reissued.
 1864         (11)(a) A permit granted under this chapter may not be
 1865  transferred or assigned except upon written approval by the
 1866  division pursuant to s. 550.1815, except that the holder of any
 1867  permit that has been converted to a jai alai permit may lease or
 1868  build anywhere within the county in which its permit is located.
 1869         (13)(a) Notwithstanding any provisions of this chapter or
 1870  chapter 551, a pari-mutuel no thoroughbred horse racing permit
 1871  or license issued under this chapter may not shall be
 1872  transferred, or reissued when such reissuance is in the nature
 1873  of a transfer so as to permit or authorize a licensee to change
 1874  the location of a pari-mutuel facility, or a cardroom or slot
 1875  machine facility, except through the relocation of the pari
 1876  mutuel permit pursuant to s. 550.0555 thoroughbred horse
 1877  racetrack except upon proof in such form as the division may
 1878  prescribe that a referendum election has been held:
 1879         1.If the proposed new location is within the same county
 1880  as the already licensed location, in the county where the
 1881  licensee desires to conduct the race meeting and that a majority
 1882  of the electors voting on that question in such election voted
 1883  in favor of the transfer of such license.
 1884         2.If the proposed new location is not within the same
 1885  county as the already licensed location, in the county where the
 1886  licensee desires to conduct the race meeting and in the county
 1887  where the licensee is already licensed to conduct the race
 1888  meeting and that a majority of the electors voting on that
 1889  question in each such election voted in favor of the transfer of
 1890  such license.
 1891         (b)Each referendum held under the provisions of this
 1892  subsection shall be held in accordance with the electoral
 1893  procedures for ratification of permits, as provided in s.
 1894  550.0651. The expense of each such referendum shall be borne by
 1895  the licensee requesting the transfer.
 1896         (14)(a)Notwithstanding any other provision of law, a pari
 1897  mutuel permit, cardroom, or slot machine facility may not be
 1898  relocated, and a pari-mutuel permit may not be converted to
 1899  another class of permit. Any holder of a permit to conduct jai
 1900  alai may apply to the division to convert such permit to a
 1901  permit to conduct greyhound racing in lieu of jai alai if:
 1902         1.Such permit is located in a county in which the division
 1903  has issued only two pari-mutuel permits pursuant to this
 1904  section;
 1905         2.Such permit was not previously converted from any other
 1906  class of permit; and
 1907         3.The holder of the permit has not conducted jai alai
 1908  games during a period of 10 years immediately preceding his or
 1909  her application for conversion under this subsection.
 1910         (b)The division, upon application from the holder of a jai
 1911  alai permit meeting all conditions of this section, shall
 1912  convert the permit and shall issue to the permitholder a permit
 1913  to conduct greyhound racing. A permitholder of a permit
 1914  converted under this section shall be required to apply for and
 1915  conduct a full schedule of live racing each fiscal year to be
 1916  eligible for any tax credit provided by this chapter. The holder
 1917  of a permit converted pursuant to this subsection or any holder
 1918  of a permit to conduct greyhound racing located in a county in
 1919  which it is the only permit issued pursuant to this section who
 1920  operates at a leased facility pursuant to s. 550.475 may move
 1921  the location for which the permit has been issued to another
 1922  location within a 30-mile radius of the location fixed in the
 1923  permit issued in that county, provided the move does not cross
 1924  the county boundary and such location is approved under the
 1925  zoning regulations of the county or municipality in which the
 1926  permit is located, and upon such relocation may use the permit
 1927  for the conduct of pari-mutuel wagering and the operation of a
 1928  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1929  apply to any permit converted under this subsection and shall
 1930  continue to apply to any permit which was previously included
 1931  under and subject to such provisions before a conversion
 1932  pursuant to this section occurred.
 1933         Section 6. Section 550.0745, Florida Statutes, is repealed.
 1934         Section 7. Subsection (3) of section 550.09512, Florida
 1935  Statutes, is amended to read:
 1936         550.09512 Harness horse taxes; abandoned interest in a
 1937  permit for nonpayment of taxes.—
 1938         (3)(a) The division shall revoke the permit of a harness
 1939  horse racing permitholder who does not pay tax on handle for
 1940  live harness horse performances for a full schedule of live
 1941  races for more than 24 consecutive months during any 2
 1942  consecutive state fiscal years shall be void and shall escheat
 1943  to and become the property of the state unless such failure to
 1944  operate and pay tax on handle was the direct result of fire,
 1945  strike, war, or other disaster or event beyond the ability of
 1946  the permitholder to control. Financial hardship to the
 1947  permitholder does shall not, in and of itself, constitute just
 1948  cause for failure to operate and pay tax on handle. A permit
 1949  revoked under this subsection is void and may not be reissued.
 1950         (b)In order to maximize the tax revenues to the state, the
 1951  division shall reissue an escheated harness horse permit to a
 1952  qualified applicant pursuant to the provisions of this chapter
 1953  as for the issuance of an initial permit. However, the
 1954  provisions of this chapter relating to referendum requirements
 1955  for a pari-mutuel permit shall not apply to the reissuance of an
 1956  escheated harness horse permit. As specified in the application
 1957  and upon approval by the division of an application for the
 1958  permit, the new permitholder shall be authorized to operate a
 1959  harness horse facility anywhere in the same county in which the
 1960  escheated permit was authorized to be operated, notwithstanding
 1961  the provisions of s. 550.054(2) relating to mileage limitations.
 1962         Section 8. Subsections (3) and (7) of section 550.09515,
 1963  Florida Statutes, are amended to read:
 1964         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1965  permit for nonpayment of taxes.—
 1966         (3)(a) The division shall revoke the permit of a
 1967  thoroughbred racing horse permitholder that who does not pay tax
 1968  on handle for live thoroughbred horse performances for a full
 1969  schedule of live races for more than 24 consecutive months
 1970  during any 2 consecutive state fiscal years shall be void and
 1971  shall escheat to and become the property of the state unless
 1972  such failure to operate and pay tax on handle was the direct
 1973  result of fire, strike, war, or other disaster or event beyond
 1974  the ability of the permitholder to control. Financial hardship
 1975  to the permitholder does shall not, in and of itself, constitute
 1976  just cause for failure to operate and pay tax on handle. A
 1977  permit revoked under this subsection is void and may not be
 1978  reissued.
 1979         (b)In order to maximize the tax revenues to the state, the
 1980  division shall reissue an escheated thoroughbred horse permit to
 1981  a qualified applicant pursuant to the provisions of this chapter
 1982  as for the issuance of an initial permit. However, the
 1983  provisions of this chapter relating to referendum requirements
 1984  for a pari-mutuel permit shall not apply to the reissuance of an
 1985  escheated thoroughbred horse permit. As specified in the
 1986  application and upon approval by the division of an application
 1987  for the permit, the new permitholder shall be authorized to
 1988  operate a thoroughbred horse facility anywhere in the same
 1989  county in which the escheated permit was authorized to be
 1990  operated, notwithstanding the provisions of s. 550.054(2)
 1991  relating to mileage limitations.
 1992         (7)If a thoroughbred permitholder fails to operate all
 1993  performances on its 2001-2002 license, failure to pay tax on
 1994  handle for a full schedule of live races for those performances
 1995  in the 2001-2002 fiscal year does not constitute failure to pay
 1996  taxes on handle for a full schedule of live races in a fiscal
 1997  year for the purposes of subsection (3). This subsection may not
 1998  be construed as forgiving a thoroughbred permitholder from
 1999  paying taxes on performances conducted at its facility pursuant
 2000  to its 2001-2002 license other than for failure to operate all
 2001  performances on its 2001-2002 license. This subsection expires
 2002  July 1, 2003.
 2003         Section 9. Section 550.3345, Florida Statutes, is amended
 2004  to read:
 2005         550.3345 Conversion of quarter horse permit to a Limited
 2006  thoroughbred racing permit.—
 2007         (1) In recognition of the important and long-standing
 2008  economic contribution of the thoroughbred horse breeding
 2009  industry to this state and the state’s vested interest in
 2010  promoting the continued viability of this agricultural activity,
 2011  the state intends to provide a limited opportunity for the
 2012  conduct of live thoroughbred horse racing with the net revenues
 2013  from such racing dedicated to the enhancement of thoroughbred
 2014  purses and breeders’, stallion, and special racing awards under
 2015  this chapter; the general promotion of the thoroughbred horse
 2016  breeding industry; and the care in this state of thoroughbred
 2017  horses retired from racing.
 2018         (2) A limited thoroughbred racing permit previously
 2019  converted from Notwithstanding any other provision of law, the
 2020  holder of a quarter horse racing permit pursuant to chapter
 2021  2010-29, Laws of Florida, issued under s. 550.334 may only be
 2022  held by, within 1 year after the effective date of this section,
 2023  apply to the division for a transfer of the quarter horse racing
 2024  permit to a not-for-profit corporation formed under state law to
 2025  serve the purposes of the state as provided in subsection (1).
 2026  The board of directors of the not-for-profit corporation must be
 2027  composed comprised of 11 members, 4 of whom shall be designated
 2028  by the applicant, 4 of whom shall be designated by the Florida
 2029  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2030  designated by the other 8 directors, with at least 1 of these 3
 2031  members being an authorized representative of another
 2032  thoroughbred racing permitholder in this state. A limited
 2033  thoroughbred racing The not-for-profit corporation shall submit
 2034  an application to the division for review and approval of the
 2035  transfer in accordance with s. 550.054. Upon approval of the
 2036  transfer by the division, and notwithstanding any other
 2037  provision of law to the contrary, the not-for-profit corporation
 2038  may, within 1 year after its receipt of the permit, request that
 2039  the division convert the quarter horse racing permit to a permit
 2040  authorizing the holder to conduct pari-mutuel wagering meets of
 2041  thoroughbred racing. Neither the transfer of the quarter horse
 2042  racing permit nor its conversion to a limited thoroughbred
 2043  permit shall be subject to the mileage limitation or the
 2044  ratification election as set forth under s. 550.054(2) or s.
 2045  550.0651. Upon receipt of the request for such conversion, the
 2046  division shall timely issue a converted permit. The converted
 2047  permit and the not-for-profit corporation are shall be subject
 2048  to the following requirements:
 2049         (a) All net revenues derived by the not-for-profit
 2050  corporation under the thoroughbred horse racing permit, after
 2051  the funding of operating expenses and capital improvements,
 2052  shall be dedicated to the enhancement of thoroughbred purses and
 2053  breeders’, stallion, and special racing awards under this
 2054  chapter; the general promotion of the thoroughbred horse
 2055  breeding industry; and the care in this state of thoroughbred
 2056  horses retired from racing.
 2057         (b) From December 1 through April 30, no live thoroughbred
 2058  racing may not be conducted under the permit on any day during
 2059  which another thoroughbred racing permitholder is conducting
 2060  live thoroughbred racing within 125 air miles of the not-for
 2061  profit corporation’s pari-mutuel facility unless the other
 2062  thoroughbred racing permitholder gives its written consent.
 2063         (c) After the conversion of the quarter horse racing permit
 2064  and the issuance of its initial license to conduct pari-mutuel
 2065  wagering meets of thoroughbred racing, the not-for-profit
 2066  corporation shall annually apply to the division for a license
 2067  pursuant to s. 550.5251.
 2068         (d) Racing under the permit may take place only at the
 2069  location for which the original quarter horse racing permit was
 2070  issued, which may be leased by the not-for-profit corporation
 2071  for that purpose; however, the not-for-profit corporation may,
 2072  without the conduct of any ratification election pursuant to s.
 2073  550.054(13) or s. 550.0651, move the location of the permit to
 2074  another location in the same county provided that such
 2075  relocation is approved under the zoning and land use regulations
 2076  of the applicable county or municipality.
 2077         (e) A limited thoroughbred racing No permit may not be
 2078  transferred converted under this section is eligible for
 2079  transfer to another person or entity.
 2080         (3) Unless otherwise provided in this section, after
 2081  conversion, the permit and the not-for-profit corporation shall
 2082  be treated under the laws of this state as a thoroughbred racing
 2083  permit and as a thoroughbred racing permitholder, respectively,
 2084  with the exception of ss. 550.054(9)(c) and 550.09515(3) s.
 2085  550.09515(3).
 2086         Section 10. Paragraph (c) of subsection (4) of section
 2087  551.104, Florida Statutes, is amended to read:
 2088         551.104 License to conduct slot machine gaming.—
 2089         (4) As a condition of licensure and to maintain continued
 2090  authority for the conduct of slot machine gaming, a the slot
 2091  machine licensee shall:
 2092         (c)1. Conduct no less fewer than a full schedule of live
 2093  racing or games as defined in s. 550.002(11), unless conducting
 2094  less than a full schedule of live racing or games pursuant to s.
 2095  550.01215(1)(b) or (c). A permitholder’s responsibility to
 2096  conduct a full schedule such number of live races or games, as
 2097  defined in s. 550.002(11), shall be reduced by the number of
 2098  races or games that could not be conducted due to the direct
 2099  result of fire, war, hurricane, or other disaster or event
 2100  beyond the control of the permitholder. A permitholder may
 2101  conduct live races or games at another pari-mutuel facility
 2102  pursuant to s. 550.475 if such permitholder has operated its
 2103  live races or games by lease for at least 5 consecutive years
 2104  immediately prior to the permitholder’s application for a slot
 2105  machine license.
 2106         2.a. If not licensed to conduct a full schedule of live
 2107  racing or games, as defined in s. 550.002(11), pursuant to s.
 2108  550.01215(1)(b) or (c), remit each month to each qualified
 2109  thoroughbred permitholder, by electronic funds transfer, an
 2110  amount equal to one-twelfth of the lesser of $1.5 million or
 2111  2.75 percent of its slot machine revenues from the previous
 2112  state fiscal year, divided by the total number of qualified
 2113  thoroughbred permitholders for the applicable state fiscal year.
 2114  Qualified thoroughbred permitholders shall use such payments
 2115  exclusively for purses and awards for live thoroughbred horse
 2116  races held at the qualified thoroughbred permitholder’s racing
 2117  facility. For the purposes of this subparagraph, the term
 2118  “qualified thoroughbred permitholder” means a thoroughbred
 2119  permitholder conducting, in the applicable state fiscal year, no
 2120  less than a full schedule of live racing or games, as defined in
 2121  s. 550.002(11), and no fewer live thoroughbred horse racing
 2122  performances than such permitholder conducted in state fiscal
 2123  year 2017-2018. The term does not include a permitholder whose
 2124  permit was issued pursuant to s. 550.3345 or a permitholder
 2125  leasing at another thoroughbred permitholder’s facility pursuant
 2126  to s. 550.475.
 2127         b.The division shall notify each slot machine licensee
 2128  required to remit such payments, not later than 15 days after
 2129  issuing the slot machine license, of the qualified thoroughbred
 2130  permitholders to which such payments must be paid. Each
 2131  qualified thoroughbred permitholder shall provide each slot
 2132  machine licensee required to remit payments pursuant to this
 2133  subparagraph with written instructions for transmitting such
 2134  electronic payments. Such payments shall be remitted to each
 2135  qualified thoroughbred permitholder on the fifth day of each
 2136  calendar month. If the fifth day of the calendar month falls on
 2137  a weekend, such payment shall be remitted on the first Monday
 2138  following the weekend.
 2139         c. A qualified thoroughbred permitholder receiving funds
 2140  under this subparagraph shall remit, within 10 days after
 2141  receipt, 10 percent of those funds to the Florida Thoroughbred
 2142  Breeders’ Association, Inc., for the payment of breeders’,
 2143  stallion, and special racing awards, subject to the fee
 2144  authorized in s. 550.2625(3).
 2145         Section 11. Subsections (1), (2), and (4) of section
 2146  551.106, Florida Statutes, are amended to read:
 2147         551.106 License fee; tax rate; penalties.—
 2148         (1) LICENSE FEE.—
 2149         (a) Upon submission of the initial application for a slot
 2150  machine license, and annually thereafter, on the anniversary
 2151  date of the issuance of the initial license, the licensee must
 2152  pay to the division a nonrefundable license fee of $3 million
 2153  for the succeeding 12 months of licensure. In the 2010-2011
 2154  fiscal year, the licensee must pay the division a nonrefundable
 2155  license fee of $2.5 million for the succeeding 12 months of
 2156  licensure. In the 2011-2012 fiscal year and for every fiscal
 2157  year thereafter, the licensee must pay the division a
 2158  nonrefundable license fee of $2 million for the succeeding 12
 2159  months of licensure. The license fee must shall be deposited
 2160  into the Pari-mutuel Wagering Trust Fund of the Department of
 2161  Business and Professional Regulation to be used by the division
 2162  and the Department of Law Enforcement for investigations,
 2163  regulation of slot machine gaming, and enforcement of slot
 2164  machine gaming provisions under this chapter. These payments
 2165  must shall be accounted for separately from taxes or fees paid
 2166  pursuant to the provisions of chapter 550.
 2167         (b) Prior to January 1, 2007, the division shall evaluate
 2168  the license fee and shall make recommendations to the President
 2169  of the Senate and the Speaker of the House of Representatives
 2170  regarding the optimum level of slot machine license fees in
 2171  order to adequately support the slot machine regulatory program.
 2172         (2) TAX ON SLOT MACHINE REVENUES.—
 2173         (a)1. The tax rate on slot machine revenues at each
 2174  facility is shall be 35 percent. Effective January 1, 2019, the
 2175  tax rate on slot machine revenues at each facility is 30
 2176  percent. Effective July 1, 2020, the tax rate on slot machine
 2177  revenues at each facility is 25 percent.
 2178         2.a. If, during any state fiscal year, the aggregate amount
 2179  of tax paid to the state by all slot machine licensees in
 2180  Broward and Miami-Dade Counties is less than the aggregate
 2181  amount of tax paid to the state by all slot machine licensees in
 2182  those counties in the 2017-2018 2008-2009 fiscal year, each slot
 2183  machine licensee shall pay to the state within 45 days after the
 2184  end of the state fiscal year a surcharge equal to its pro rata
 2185  share of an amount equal to the difference between the aggregate
 2186  amount of tax paid to the state by all slot machine licensees in
 2187  the 2008-2009 fiscal year and the amount of tax paid during the
 2188  fiscal year.
 2189         b. The amount of the surcharge to be paid by each such
 2190  licensee must be calculated by dividing the aggregate amount of
 2191  slot machine taxes paid to the state by all such slot machine
 2192  licensees in the 2017-2018 fiscal year by the aggregate amount
 2193  of slot machine taxes paid by all such licensees during the
 2194  applicable state fiscal year, multiplying the result by the
 2195  amount of slot machine taxes paid by the licensee during the
 2196  applicable state fiscal year, and then subtracting from that
 2197  product the amount of slot machine taxes paid by the licensee
 2198  during the applicable state fiscal year. However, the sum of the
 2199  taxes paid by a licensee pursuant to subparagraph 1. and any
 2200  surcharge due from the licensee may not exceed 35 percent of the
 2201  slot machine revenue of that licensee in the applicable state
 2202  fiscal year Each licensee’s pro rata share shall be an amount
 2203  determined by dividing the number 1 by the number of facilities
 2204  licensed to operate slot machines during the applicable fiscal
 2205  year, regardless of whether the facility is operating such
 2206  machines.
 2207         (b) The slot machine revenue tax imposed by this section
 2208  must shall be paid to the division for deposit into the Pari
 2209  mutuel Wagering Trust Fund for immediate transfer by the Chief
 2210  Financial Officer for deposit into the Educational Enhancement
 2211  Trust Fund of the Department of Education. Any interest earnings
 2212  on the tax revenues must shall also be transferred to the
 2213  Educational Enhancement Trust Fund.
 2214         (c)1. Funds transferred to the Educational Enhancement
 2215  Trust Fund under paragraph (b) must shall be used to supplement
 2216  public education funding statewide.
 2217         2. If necessary to comply with any covenant established
 2218  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2219  funds transferred to the Educational Enhancement Trust Fund
 2220  under paragraph (b) must shall first be available to pay debt
 2221  service on lottery bonds issued to fund school construction in
 2222  the event lottery revenues are insufficient for such purpose or
 2223  to satisfy debt service reserve requirements established in
 2224  connection with lottery bonds. Moneys available pursuant to this
 2225  subparagraph are subject to annual appropriation by the
 2226  Legislature.
 2227         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 2228  fails to make tax and any applicable surcharge payments as
 2229  required under this section is subject to an administrative
 2230  penalty of up to $10,000 for each day the tax payment is not
 2231  remitted. All administrative penalties imposed and collected
 2232  must shall be deposited into the Pari-mutuel Wagering Trust Fund
 2233  of the Department of Business and Professional Regulation. If
 2234  any slot machine licensee fails to pay penalties imposed by
 2235  order of the division under this subsection, the division may
 2236  deny, suspend, revoke, or refuse to renew the license of the
 2237  permitholder or slot machine licensee.
 2238         Section 12. Present subsections (9) through (17) of section
 2239  849.086, Florida Statutes, are redesignated as subsections (10)
 2240  through (18), respectively, a new subsection (9) is added to
 2241  that section, subsections (1) and (2) of that section are
 2242  amended, paragraph (g) is added to subsection (4) of that
 2243  section, and paragraph (b) of subsection (5), paragraph (c) of
 2244  subsection (7), paragraph (a) of subsection (8), present
 2245  subsection (12), and paragraphs (d) and (h) of present
 2246  subsection (13) are amended, to read:
 2247         849.086 Cardrooms authorized.—
 2248         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2249  to provide additional entertainment choices for the residents of
 2250  and visitors to the state, promote tourism in the state, provide
 2251  revenues to support the continuation of live pari-mutuel
 2252  activity, and provide additional state revenues through the
 2253  authorization of the playing of certain games in the state at
 2254  facilities known as cardrooms which are to be located at
 2255  licensed pari-mutuel facilities. To ensure the public confidence
 2256  in the integrity of authorized cardroom operations, this act is
 2257  designed to strictly regulate the facilities, persons, and
 2258  procedures related to cardroom operations. Furthermore, the
 2259  Legislature finds that authorized games of poker and dominoes as
 2260  herein defined are considered to be pari-mutuel style games and
 2261  not casino gaming because the participants play against each
 2262  other instead of against the house.
 2263         (2) DEFINITIONS.—As used in this section:
 2264         (a) “Authorized game” means a game or series of games of
 2265  poker, including designated player games, played in conformance
 2266  with this section and in a manner consistent with the rules and
 2267  requirements specified in the 1974 edition of Hoyle’s Modern
 2268  Encyclopedia of Card Games: Rules of All the Basic Games and
 2269  Popular Variations and including three card poker, or dominoes
 2270  played in conformance with this section or dominoes which are
 2271  played in a nonbanking manner.
 2272         (b) “Banking game” means a game in which the house is a
 2273  participant in the game, taking on players, paying winners, and
 2274  collecting from losers or in which the cardroom establishes a
 2275  bank against which participants play. A designated player game
 2276  is not a banking game.
 2277         (c) “Cardroom” means a facility where authorized games are
 2278  played for money or anything of value and to which the public is
 2279  invited to participate in such games and charged a fee for
 2280  participation by the operator of such facility. Authorized games
 2281  and cardrooms do not constitute casino gaming operations if
 2282  conducted at an eligible facility.
 2283         (d) “Cardroom management company” means any individual not
 2284  an employee of the cardroom operator, any proprietorship,
 2285  partnership, corporation, or other entity that enters into an
 2286  agreement with a cardroom operator to manage, operate, or
 2287  otherwise control the daily operation of a cardroom.
 2288         (e) “Cardroom distributor” means any business that
 2289  distributes cardroom paraphernalia such as card tables, betting
 2290  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2291  banking supplies, playing cards, card shufflers, and other
 2292  associated equipment to authorized cardrooms.
 2293         (f) “Cardroom operator” means a licensed pari-mutuel
 2294  permitholder that which holds a valid permit and license issued
 2295  by the division pursuant to chapter 550 and which also holds a
 2296  valid cardroom license issued by the division pursuant to this
 2297  section which authorizes such person to operate a cardroom and
 2298  to conduct authorized games in such cardroom.
 2299         (g)“Designated player” means the player identified for
 2300  each game by a button that rotates clockwise before each hand
 2301  begins as the player in the dealer position and seated at a
 2302  traditional player position in a designated player game who pays
 2303  winning players and collects from losing players.
 2304         (h)“Designated player game” means a game in which the
 2305  players compare their cards only to the cards of the designated
 2306  player or to a combination of cards held by the designated
 2307  player and cards common and available for play by all players.
 2308         (i)(g) “Division” means the Division of Pari-mutuel
 2309  Wagering of the Department of Business and Professional
 2310  Regulation.
 2311         (j)(h) “Dominoes” means a game of dominoes typically played
 2312  with a set of 28 flat rectangular blocks, called “bones,” which
 2313  are marked on one side and divided into two equal parts, with
 2314  zero to six dots, called “pips,” in each part. The term also
 2315  includes larger sets of blocks that contain a correspondingly
 2316  higher number of pips. The term also means the set of blocks
 2317  used to play the game.
 2318         (k)(i) “Gross receipts” means the total amount of money
 2319  received by a cardroom from any person for participation in
 2320  authorized games.
 2321         (l)(j) “House” means the cardroom operator and all
 2322  employees of the cardroom operator.
 2323         (m)(k) “Net proceeds” means the total amount of gross
 2324  receipts received by a cardroom operator from cardroom
 2325  operations less direct operating expenses related to cardroom
 2326  operations, including labor costs, admission taxes only if a
 2327  separate admission fee is charged for entry to the cardroom
 2328  facility, gross receipts taxes imposed on cardroom operators by
 2329  this section, the annual cardroom license fees imposed by this
 2330  section on each table operated at a cardroom, and reasonable
 2331  promotional costs excluding officer and director compensation,
 2332  interest on capital debt, legal fees, real estate taxes, bad
 2333  debts, contributions or donations, or overhead and depreciation
 2334  expenses not directly related to the operation of the cardrooms.
 2335         (n)(l) “Rake” means a set fee or percentage of the pot
 2336  assessed by a cardroom operator for providing the services of a
 2337  dealer, table, or location for playing the authorized game.
 2338         (o)(m) “Tournament” means a series of games that have more
 2339  than one betting round involving one or more tables and where
 2340  the winners or others receive a prize or cash award.
 2341         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 2342  Wagering of the Department of Business and Professional
 2343  Regulation shall administer this section and regulate the
 2344  operation of cardrooms under this section and the rules adopted
 2345  pursuant thereto, and is hereby authorized to:
 2346         (g) Establish a reasonable period to respond to requests
 2347  from a licensed cardroom; provided however, the division has a
 2348  maximum of 45 days to approve:
 2349         1. A cardroom’s internal controls or provide the cardroom
 2350  with a list of deficiencies as to the internal controls.
 2351         2. Rules for a new authorized game submitted by a licensed
 2352  cardroom or provide the cardroom with a list of deficiencies as
 2353  to those rules.
 2354  
 2355  No later than 10 days after the submission of revised internal
 2356  controls or revised rules addressing the deficiencies identified
 2357  by the division, the division must review and approve or reject
 2358  the revised internal controls or revised rules.
 2359         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2360  operate a cardroom in this state unless such person holds a
 2361  valid cardroom license issued pursuant to this section.
 2362         (b) After the initial cardroom license is granted, the
 2363  application for the annual license renewal shall be made in
 2364  conjunction with the applicant’s annual application for its
 2365  pari-mutuel license. If a permitholder has operated a cardroom
 2366  during any of the 3 previous fiscal years and fails to include a
 2367  renewal request for the operation of the cardroom in its annual
 2368  application for license renewal, the permitholder may amend its
 2369  annual application to include operation of the cardroom. In
 2370  order for a cardroom license to be renewed the applicant must
 2371  have requested, as part of its pari-mutuel annual license
 2372  application, to conduct at least 90 percent of the total number
 2373  of live performances conducted by such permitholder during
 2374  either the state fiscal year in which its initial cardroom
 2375  license was issued or the state fiscal year immediately prior
 2376  thereto if the permitholder ran at least a full schedule of live
 2377  racing or games in the prior year. If the application is for a
 2378  harness permitholder cardroom, the applicant must have requested
 2379  authorization to conduct a minimum of 140 live performances
 2380  during the state fiscal year immediately prior thereto. If more
 2381  than one permitholder is operating at a facility, each
 2382  permitholder must have applied for a license to conduct a full
 2383  schedule of live racing.
 2384         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2385         (c) A cardroom operator must at all times employ and
 2386  provide a nonplaying live dealer at for each table on which
 2387  authorized card games which traditionally use a dealer are
 2388  conducted at the cardroom. Such dealers may not have a
 2389  participatory interest in any game other than the dealing of
 2390  cards and may not have an interest in the outcome of the game.
 2391  The providing of such dealers by a licensee does not constitute
 2392  the conducting of a banking game by the cardroom operator.
 2393         (8) METHOD OF WAGERS; LIMITATION.—
 2394         (a) No Wagering may not be conducted using money or other
 2395  negotiable currency. Games may only be played utilizing a
 2396  wagering system whereby all players’ money is first converted by
 2397  the house to tokens or chips that may which shall be used for
 2398  wagering only at that specific cardroom.
 2399         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 2400         (a)A cardroom operator may offer designated player games
 2401  consisting of players making wagers against the designated
 2402  player. However, not more than 50 percent of the total licensed
 2403  tables in a cardroom may offer designated player games. The
 2404  designated player must be licensed pursuant to paragraph (6)(b).
 2405  Employees of a designated player also must be licensed, and the
 2406  designated player shall pay, in addition to the business
 2407  occupational fee established pursuant to paragraph (6)(i), an
 2408  employee occupational license fee that may not exceed $500 per
 2409  employee for any 12-month period.
 2410         (b)A cardroom operator may not serve as a designated
 2411  player in any game. The cardroom operator may not have a
 2412  financial interest in a designated player in any game. A
 2413  cardroom operator may collect a rake in accordance with the rake
 2414  structure posted at the table.
 2415         (c)If there are multiple designated players at a table,
 2416  the dealer button shall be rotated in a clockwise rotation after
 2417  each hand.
 2418         (d)A cardroom operator may not allow a designated player
 2419  to pay an opposing player who holds a lower-ranked hand.
 2420         (e)A designated player may not be required by the rules of
 2421  a game or by the rules of a cardroom to cover more than 10 times
 2422  the maximum wager for players participating in any one game.
 2423         (f)The cardroom, or any cardroom licensee, may not
 2424  contract with, or receive compensation other than a posted table
 2425  rake from, any player to participate in any game to serve as a
 2426  designated player.
 2427         (13)(12) PROHIBITED ACTIVITIES.—
 2428         (a) A No person licensed to operate a cardroom may not
 2429  conduct any banking game or any game not specifically authorized
 2430  by this section.
 2431         (b) A No person who is younger than under 18 years of age
 2432  may not be permitted to hold a cardroom or employee license, or
 2433  to engage in any game conducted therein.
 2434         (c) With the exception of mechanical card shufflers, No
 2435  electronic or mechanical devices, except mechanical card
 2436  shufflers, may not be used to conduct any authorized game in a
 2437  cardroom.
 2438         (d) No Cards, game components, or game implements may not
 2439  be used in playing an authorized game unless they have such has
 2440  been furnished or provided to the players by the cardroom
 2441  operator.
 2442         (14)(13) TAXES AND OTHER PAYMENTS.—
 2443         (d)1. Each greyhound and jai alai permitholder that
 2444  operates a cardroom facility shall use at least 4 percent of
 2445  such permitholder’s cardroom monthly gross receipts to
 2446  supplement greyhound purses and awards or jai alai prize money,
 2447  respectively, during the permitholder’s next ensuing pari-mutuel
 2448  meet.
 2449         2.a. Any permitholder with a cardroom license and
 2450  conducting less than a full schedule of live racing or games, as
 2451  defined in s. 550.002(11), pursuant to s. 550.01215(1)(b) or (c)
 2452  shall remit each month to each qualified thoroughbred
 2453  permitholder, by electronic funds transfer, an amount equal to 4
 2454  percent of its monthly cardroom gross receipts divided by the
 2455  total number of qualified thoroughbred permitholders for a
 2456  license year. Qualified thoroughbred permitholders shall use
 2457  such payments exclusively for purses and awards for live
 2458  thoroughbred horse races held at the qualified thoroughbred
 2459  permitholder’s racing facility. For the purposes of this
 2460  subparagraph, the term “qualified thoroughbred permitholder”
 2461  means a thoroughbred permitholder conducting, in the applicable
 2462  state fiscal year, no less than a full schedule of live racing
 2463  or games, as defined in s. 550.002(11), and no fewer live
 2464  thoroughbred horse racing performances than such permitholder
 2465  conducted in state fiscal year 2017-2018. The term does not
 2466  include a permitholder whose permit was issued pursuant to s.
 2467  550.3345 or a permitholder leasing at another thoroughbred
 2468  permitholder’s facility pursuant to s. 550.475.
 2469         b.The division shall notify each cardroom licensee
 2470  required to remit such payments, not later than 15 days after
 2471  issuing the cardroom license, of the qualified thoroughbred
 2472  permitholders to which such payments must be paid. Each
 2473  qualified thoroughbred permitholder shall provide each cardroom
 2474  licensee required to remit payments pursuant to this
 2475  subparagraph with written instructions for transmitting such
 2476  electronic payments. Such payments shall be remitted to each
 2477  qualified thoroughbred permitholder on the fifth day of each
 2478  calendar month and shall be based upon the preceding month’s
 2479  cardroom activities. If the fifth day of the calendar month
 2480  falls on a weekend, such payment shall be remitted on the first
 2481  Monday following the weekend.
 2482         c.A qualified thoroughbred permitholder receiving funds
 2483  under this subparagraph shall remit, within 10 days after
 2484  receipt, 10 percent of those funds to the Florida Thoroughbred
 2485  Breeders’ Association, Inc., for the payment of breeders’,
 2486  stallion, and special racing awards, subject to the fee
 2487  authorized in s. 550.2625(3).
 2488         3. Each thoroughbred and harness horse racing permitholder
 2489  that operates a cardroom facility shall use at least 50 percent
 2490  of such permitholder’s cardroom monthly net proceeds as follows:
 2491  47 percent to supplement purses and 3 percent to supplement
 2492  breeders’ awards during the permitholder’s next ensuing racing
 2493  meet.
 2494         3. No cardroom license or renewal thereof shall be issued
 2495  to an applicant holding a permit under chapter 550 to conduct
 2496  pari-mutuel wagering meets of quarter horse racing unless the
 2497  applicant has on file with the division a binding written
 2498  agreement between the applicant and the Florida Quarter Horse
 2499  Racing Association or the association representing a majority of
 2500  the horse owners and trainers at the applicant’s eligible
 2501  facility, governing the payment of purses on live quarter horse
 2502  races conducted at the licensee’s pari-mutuel facility. The
 2503  agreement governing purses may direct the payment of such purses
 2504  from revenues generated by any wagering or gaming the applicant
 2505  is authorized to conduct under Florida law. All purses shall be
 2506  subject to the terms of chapter 550.
 2507         (h) One-quarter of the moneys deposited into the Pari
 2508  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 2509  October 1 of each year, be distributed to the local government
 2510  that approved the cardroom under subsection (17) (16); however,
 2511  if two or more pari-mutuel racetracks are located within the
 2512  same incorporated municipality, the cardroom funds shall be
 2513  distributed to the municipality. If a pari-mutuel facility is
 2514  situated in such a manner that it is located in more than one
 2515  county, the site of the cardroom facility shall determine the
 2516  location for purposes of disbursement of tax revenues under this
 2517  paragraph. The division shall, by September 1 of each year,
 2518  determine: the amount of taxes deposited into the Pari-mutuel
 2519  Wagering Trust Fund pursuant to this section from each cardroom
 2520  licensee; the location by county of each cardroom; whether the
 2521  cardroom is located in the unincorporated area of the county or
 2522  within an incorporated municipality; and, the total amount to be
 2523  distributed to each eligible county and municipality.
 2524         Section 13. Subsection (1) of section 849.16, Florida
 2525  Statutes, is amended to read:
 2526         849.16 Machines or devices which come within provisions of
 2527  law defined.—
 2528         (1) As used in this chapter, the term “slot machine or
 2529  device” means any machine or device or system or network of
 2530  devices that is adapted for use in such a way that, upon
 2531  activation, which may be achieved by, but is not limited to, the
 2532  insertion of any piece of money, coin, account number, code, or
 2533  other object or information, such device or system is directly
 2534  or indirectly caused to operate or may be operated and if the
 2535  user, whether by application of skill or by reason of any
 2536  element of chance or any other outcome unpredictable by the
 2537  user, regardless of whether the machine or device or system or
 2538  networks of devices includes a preview of the outcome or whether
 2539  the outcome is known, displayed, or capable of being known or
 2540  displayed to the user, may:
 2541         (a) Receive or become entitled to receive any piece of
 2542  money, credit, allowance, or thing of value; , or any check,
 2543  slug, token, or memorandum, whether of value or otherwise, which
 2544  may be exchanged for any money, credit, allowance, or thing of
 2545  value or which may be given in trade; or the opportunity to
 2546  purchase a subsequently displayed outcome that may have a
 2547  monetary value, regardless of whether such value is equal to,
 2548  greater than, or less than the cost of purchasing such outcome;
 2549  or
 2550         (b) Secure additional chances or rights to use such
 2551  machine, apparatus, or device, even though the device or system
 2552  may be available for free play or, in addition to any element of
 2553  chance or unpredictable outcome of such operation, may also
 2554  sell, deliver, or present some merchandise, indication of
 2555  weight, entertainment, or other thing of value. The term “slot
 2556  machine or device” includes, but is not limited to, devices
 2557  regulated as slot machines pursuant to chapter 551.
 2558         Section 14. The Division of Law Revision and Information is
 2559  directed to replace the phrase “the effective date of this act”
 2560  wherever it appears in this act with the date this act becomes a
 2561  law.
 2562         Section 15. This act shall take effect upon becoming a law.