Florida Senate - 2018                              CS for SB 840
       
       
        
       By the Committee on Appropriations; and Senator Hutson
       
       
       
       
       
       576-04136-18                                           2018840c1
    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 certain greyhound
   41         racing permitholders elect not to conduct live racing
   42         if such election is made within a specified period of
   43         time; providing that a greyhound racing permitholder
   44         that has been issued a slot machine license remains an
   45         eligible facility, continues to be eligible for a slot
   46         machine license, is exempt from certain provisions of
   47         ch. 551, F.S., is eligible to be a guest track for
   48         certain purposes, and remains eligible for a cardroom
   49         license; authorizing a greyhound racing permitholder
   50         to receive an operating license to conduct pari-mutuel
   51         wagering activities at another permitholder’s
   52         greyhound racing facility; authorizing certain jai
   53         alai permitholders, harness horse racing
   54         permitholders, and quarter horse racing permitholders
   55         to elect not to conduct live racing or games if the
   56         election is made by a specified date; specifying that
   57         such permitholder may retain its permit and remains a
   58         pari-mutuel facility; specifying that, if such
   59         permitholder has been issued a slot machine license,
   60         the permitholder’s facility remains an eligible
   61         facility, continues to be eligible for a slot machine
   62         license, is exempt from certain provisions of chs. 550
   63         and 551, F.S., is eligible to be a guest track, and if
   64         the permitholder is a harness horse racing
   65         permitholder, a host track for intertrack wagering and
   66         simulcasting, and remains eligible for a cardroom
   67         license; authorizing a harness horse racing
   68         permitholder to be a host track for purposes of
   69         intertrack wagering and simulcasting; authorizing the
   70         division to approve a change in racing dates for a
   71         permitholder if the request for a change is received
   72         before a specified date and under certain
   73         circumstances; amending s. 550.054, F.S.; requiring
   74         the Division of Pari-Mutuel Wagering to revoke a
   75         permit to conduct pari-mutuel wagering for a
   76         permitholder that fails to make specified payments or
   77         obtain an operating license; prohibiting the issuance
   78         of new permits; deleting provisions related to the
   79         conversion of permits; repealing s. 550.0745, F.S.,
   80         relating to conversion of a pari-mutuel permit to a
   81         summer jai alai permit; amending ss. 550.09512 and
   82         550.09515, F.S.; requiring the division to revoke the
   83         permit of a harness horse or thoroughbred racing
   84         permitholder, respectively, who does not pay tax on
   85         handle for a specified period of time; deleting
   86         provisions relating to the reissuance of escheated
   87         permits; amending s. 550.3345, F.S.; revising
   88         provisions relating to a limited thoroughbred racing
   89         permit previously converted from a quarter horse
   90         racing permit; amending s. 550.6308, F.S.; revising
   91         the number of days of thoroughbred horse sales
   92         required for an applicant to obtain a limited
   93         intertrack wagering license; revising eligibility
   94         requirements for such licenses; revising requirements
   95         for such wagering; deleting provisions requiring a
   96         licensee to make certain payments to the daily pari
   97         mutuel pool; amending s. 551.102, F.S.; revising
   98         definitions; amending s. 551.104, F.S.; revising
   99         conditions of licensure and conditions for maintaining
  100         authority to conduct slot machine gaming; requiring
  101         certain permitholders to remit certain revenues to
  102         qualified thoroughbred permitholders; requiring
  103         qualified thoroughbred permitholders to use such
  104         payments for certain purposes; defining the term
  105         “qualified thoroughbred permitholder”; providing a
  106         process for remitting such payments; requiring
  107         qualified thoroughbred permitholders receiving such
  108         funds to remit a specified percentage of the funds to
  109         a specified association; amending s. 551.106, F.S.;
  110         deleting obsolete provisions; revising the tax rate on
  111         slot machine revenue effective on specified dates;
  112         providing a formula to calculate a surcharge amount;
  113         prohibiting the surcharge from exceeding a certain
  114         amount; revising where slot machine revenue tax
  115         payments must be deposited; requiring that certain
  116         funds be used for specific purposes; requiring certain
  117         permitholders and licensees to pay a slot machine
  118         guarantee fee if certain taxes and fees paid to the
  119         state during certain periods fall below a specified
  120         amount; amending s. 551.114, F.S.; revising the
  121         maximum number of slot machines slot machine licensees
  122         may make available for play; revising the areas where
  123         a designated slot machine gaming area may be located;
  124         amending s. 551.116, F.S.; deleting a restriction on
  125         the number of hours per day that slot machine gaming
  126         areas may be open; amending s. 849.086, F.S.; revising
  127         legislative intent; revising definitions; authorizing
  128         the division to establish a reasonable period to
  129         respond to certain requests from a licensed cardroom;
  130         providing that the division must approve certain
  131         requests within 45 days; requiring the division to
  132         review and approve or reject certain revised internal
  133         controls or revised rules within 10 days after
  134         submission; deleting provisions relating to the
  135         renewal of a cardroom license; deleting provisions
  136         relating to restrictions on hours of operation; making
  137         technical changes; authorizing certain cardroom
  138         operators to offer a certain number of certain
  139         designated player games; requiring the designated
  140         player and employees of the designated player to be
  141         licensed; requiring the designated player to pay
  142         certain fees; prohibiting a cardroom operator from
  143         serving as the designated player in a game and from
  144         having a financial interest in a designated player;
  145         authorizing a cardroom operator to collect a rake,
  146         subject to certain requirements; requiring the dealer
  147         button to be rotated under certain circumstances;
  148         prohibiting a cardroom operator from allowing a
  149         designated player to pay an opposing player under
  150         certain circumstances; prohibiting the rules of the
  151         game or of the cardroom to require a designated player
  152         to cover more than 10 times the maximum wager for
  153         players participating in any one game; prohibiting a
  154         cardroom or cardroom licensee from contracting with or
  155         receiving certain compensation from a player to allow
  156         that player to participate in any game as a designated
  157         player; requiring certain permitholders with a
  158         cardroom license to remit a certain amount of its
  159         monthly gross receipts to qualified thoroughbred
  160         permitholders; requiring qualified thoroughbred
  161         holders to use such payments for certain purposes;
  162         defining the term “qualified thoroughbred
  163         permitholder”; providing a process for remitting such
  164         payments; requiring qualified thoroughbred
  165         permitholders receiving such funds to remit a
  166         specified percentage of the funds to a specified
  167         association; deleting a provision relating to the
  168         renewal or issuance of a cardroom license to a quarter
  169         horse racing permitholder; conforming a cross
  170         reference; amending s. 849.16, F.S.; revising the
  171         definition of the term “slot machine or device”;
  172         providing a directive to the Division of Law Revision
  173         and Information; providing an effective date.
  174          
  175  Be It Enacted by the Legislature of the State of Florida:
  176  
  177         Section 1. Paragraph (a) of subsection (1) and subsection
  178  (3) of section 285.710, Florida Statutes, are amended to read:
  179         285.710 Compact authorization.—
  180         (1) As used in this section, the term:
  181         (a) “Compact” means the Gaming Compact between the Seminole
  182  Tribe of Florida and the State of Florida, executed on April 7,
  183  2010.
  184         (3)(a) The Gaming Compact between the Seminole Tribe of
  185  Florida and the State of Florida, executed by the Governor and
  186  the Tribe on April 7, 2010, was is ratified and approved by
  187  chapter 2010-29, Laws of Florida. The Governor shall cooperate
  188  with the Tribe in seeking approval of the compact from the
  189  United States Secretary of the Interior.
  190         (b)The Governor, on behalf of this state, is hereby
  191  authorized and directed to execute a new compact with the Tribe
  192  as set forth in paragraph (c), and the Legislature hereby
  193  signifies in advance its approval and ratification of such
  194  compact, provided that it is identical to the compact set forth
  195  in paragraph (c) and becomes effective on or before January 1,
  196  2019. The Governor shall cooperate with the Tribe in seeking
  197  approval of such compact ratified and approved under this
  198  paragraph from the Secretary of the Department of the Interior.
  199  Upon becoming effective, such compact supersedes the Gaming
  200  Compact ratified and approved under paragraph (a), which shall
  201  then become null and void.
  202         (c)The Legislature hereby approves and ratifies the
  203  following Gaming Compact between the State of Florida and the
  204  Seminole Tribe of Florida, provided that such compact becomes
  205  effective on or before January 1, 2019:
  206  
  207        Gaming Compact Between the Seminole Tribe of Florida       
  208                      and the State of Florida                     
  209  
  210         This compact is made and entered into by and between the
  211  Seminole Tribe of Florida and the State of Florida, with respect
  212  to the operation of covered games, as defined herein, on the
  213  Tribe’s Indian lands, as defined by the Indian Gaming Regulatory
  214  Act, 25 U.S.C. ss. 2701 et seq.
  215  
  216                               PART I                              
  217  
  218         TITLE.—This document shall be referred to as the “Gaming
  219  Compact between the Seminole Tribe of Florida and the State of
  220  Florida.”
  221  
  222                               PART II                             
  223  
  224         LEGISLATIVE FINDINGS.—
  225         (1)The Seminole Tribe of Florida is a federally recognized
  226  tribal government that possesses sovereign powers and rights of
  227  self-government.
  228         (2)The State of Florida is a state of the United States of
  229  America that possesses the sovereign powers and rights of a
  230  state.
  231         (3)The State of Florida and the Seminole Tribe of Florida
  232  maintain a government-to-government relationship.
  233         (4)The United States Supreme Court has long recognized the
  234  right of an Indian Tribe to regulate activity on lands within
  235  its jurisdiction, but the United States Congress, through the
  236  Indian Gaming Regulatory Act, has given states a role in the
  237  conduct of tribal gaming in accordance with negotiated tribal
  238  state compacts.
  239         (5)Pursuant to the Seminole Tribe Amended Gaming
  240  Ordinance, adopted by Resolution No. C-195-06, and approved by
  241  the Chairman of the National Indian Gaming Commission on July
  242  10, 2006, hereafter referred to as the “Seminole Tribal Gaming
  243  Code,” the Seminole Tribe of Florida desires to offer the play
  244  of covered games, as defined in Part III, as a means of
  245  generating revenues for purposes authorized by the Indian Gaming
  246  Regulatory Act, including, without limitation, the support of
  247  tribal governmental programs, such as health care, housing,
  248  sewer and water projects, police, fire suppression, general
  249  assistance for tribal elders, day care for children, economic
  250  development, educational opportunities, per capita payments to
  251  tribal members, and other typical and valuable governmental
  252  services and programs for tribal members.
  253         (6)This compact is the only gaming compact between the
  254  Tribe and the state. This compact supersedes the Gaming Compact
  255  between the Tribe and the state executed on or about April 7,
  256  2010, which was subsequently ratified by the Legislature and
  257  went into effect on or about July 6, 2010.
  258         (7)It is in the best interests of the Seminole Tribe of
  259  Florida and the State of Florida for the state to enter into a
  260  compact with the Tribe that recognizes the Tribe’s right to
  261  offer certain Class III gaming and provides substantial
  262  exclusivity of such activities in conjunction with a reasonable
  263  revenue sharing arrangement between the Tribe and the state that
  264  will entitle the state to significant revenue participation.
  265  
  266                              PART III                             
  267  
  268         DEFINITIONS.—As used in this compact, the term:
  269         (1)“Annual oversight assessment” means the amount owed by
  270  the Tribe to the state for reimbursement for the actual and
  271  reasonable costs incurred by the state compliance agency to
  272  perform the monitoring functions set forth under the compact.
  273         (2)“Class II video bingo terminals” means any electronic
  274  aid to a Class II bingo game that includes a video spinning reel
  275  or mechanical spinning reel display.
  276         (3)“Class III gaming” means the forms of Class III gaming
  277  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
  278  National Indian Gaming Commission, as of January 1, 2018.
  279         (4)“Commission” means the Seminole Tribal Gaming
  280  Commission, which is the tribal governmental agency that has the
  281  authority to carry out the Tribe’s regulatory and oversight
  282  responsibilities under this compact.
  283         (5)“Compact” means this Gaming Compact between the
  284  Seminole Tribe of Florida and the State of Florida.
  285         (6)“Covered game” or “covered gaming activity” means the
  286  following Class III gaming activities:
  287         (a)Slot machines, which may use spinning reels, video
  288  displays, or both, and which machines must meet all of the
  289  following requirements:
  290         1.Any mechanical or electrical contrivance, terminal that
  291  may or may not be capable of downloading slot games from a
  292  central server system, machine, or other device.
  293         2.Require, for play or operation, the insertion of a coin,
  294  bill, ticket, token, or similar object, or payment of any
  295  consideration whatsoever, including the use of any electronic
  296  payment system, except a credit card or debit card, unless state
  297  law authorizes the use of an electronic payment system that uses
  298  a credit or debit card payment, in which case the Tribe is
  299  authorized to use such payment system.
  300         3.Are available to play or operate, the play or operation
  301  of which, whether by reason of skill or application of the
  302  element of chance or both, may deliver or entitle the person or
  303  persons playing or operating the contrivance, terminal, machine,
  304  or other device to receive cash, billets, tickets, tokens, or
  305  electronic credits to be exchanged for cash or to receive
  306  merchandise or anything of value whatsoever, whether the payoff
  307  is made automatically from the machine or manually.
  308         4.Include associated equipment necessary to conduct the
  309  operation of the contrivance, terminal, machine, or other
  310  device.
  311         (b)Banking or banked card games, such as baccarat, chemin
  312  de fer, and blackjack or 21.
  313         (c)Raffles and drawings.
  314         (d)Live table games.
  315         (e) Any new game, if expressly authorized by the
  316  Legislature pursuant to legislation enacted subsequent to the
  317  effective date of this compact and lawfully conducted by any
  318  person for any purpose pursuant to such authorization.
  319         (7)“Covered game employee” or “covered employee” means an
  320  individual employed and licensed by the Tribe whose
  321  responsibilities include the rendering of services with respect
  322  to the operation, maintenance, or management of covered games,
  323  including, but not limited to, managers and assistant managers;
  324  accounting personnel; commission officers; surveillance and
  325  security personnel; cashiers, supervisors, and floor personnel;
  326  cage personnel; and any other employee whose employment duties
  327  require or authorize access to areas of the facility related to
  328  the conduct of covered games or the technical support or storage
  329  of covered game components. The term does not include the
  330  Tribe’s elected officials, provided that such individuals are
  331  not directly involved in the operation, maintenance, or
  332  management of covered games or covered games components.
  333         (8)“Documents” means books, records, electronic, magnetic,
  334  and computer media documents, and other writings and materials,
  335  copies of such documents and writings, and information contained
  336  in such documents and writings.
  337         (9)“Effective date” means the date on which the compact
  338  becomes effective pursuant to subsection (1) of Part XVI.
  339         (10)“Electronic bingo machine” means a card minding
  340  device, which may only be used in connection with a bingo game
  341  as defined in s. 849.0931(1)(a), Florida Statutes, which is
  342  certified in advance by an independent testing laboratory
  343  approved by the Division of Pari-Mutuel Wagering as a bingo aid
  344  device that meets all of the following requirements:
  345         (a)Aids a bingo game player by:
  346         1.Storing in the memory of the device not more than three
  347  bingo faces of tangible bingo cards as defined by s.
  348  849.0931(1)(b), Florida Statutes, purchased by a player.
  349         2.Comparing the numbers drawn and individually entered
  350  into the device by the player to the bingo faces previously
  351  stored in the memory of the device.
  352         3.Identifying preannounced winning bingo patterns marked
  353  or covered on the stored bingo faces.
  354         (b)Is not capable of accepting or dispensing any coins,
  355  currency, or tokens.
  356         (c)Is not capable of monitoring any bingo card face other
  357  than the faces of the tangible bingo card or cards purchased by
  358  the player for that game.
  359         (d)Is not capable of displaying or representing the game
  360  result through any means other than highlighting the winning
  361  numbers marked or covered on the bingo card face or giving an
  362  audio alert that the player’s card has a prize-winning pattern.
  363  No casino game graphics, themes, or titles, including, but not
  364  limited to, depictions of slot machine-style symbols, cards,
  365  craps, roulette, or lottery may be used.
  366         (e)Is not capable of determining the outcome of any game.
  367         (f)Does not award progressive prizes of more than $2,500.
  368         (g)Does not award prizes exceeding $1,000, other than
  369  progressive prizes not exceeding $2,500.
  370         (h)Does not contain more than one player position for
  371  playing bingo.
  372         (i)Does not contain or does not link to more than one
  373  video display.
  374         (j)Awards prizes based solely on the results of the bingo
  375  game, with no additional element of chance.
  376         (11)“Facility” means a building or buildings of the Tribe
  377  in which the covered games authorized by this compact are
  378  conducted.
  379         (12)“Guaranteed minimum compact term payment” means a
  380  minimum total payment for the guarantee payment period of $3
  381  billion, which shall include all revenue share payments during
  382  the guarantee payment period.
  383         (13) “Guarantee payment period” means the seven-year period
  384  beginning July 1, 2018, and ending June 30, 2025.
  385         (14)“Guaranteed revenue sharing cycle payment” means the
  386  payments as provided in Part XI.
  387         (15)“Historic racing machine” means an individual historic
  388  race terminal linked to a central server as part of a network
  389  based video game, where the terminals allow pari-mutuel wagering
  390  by players on the results of previously conducted horse or
  391  greyhound races, but only if the game is certified in advance by
  392  an independent testing laboratory approved by the Division of
  393  Pari-Mutuel Wagering as complying with all of the following
  394  requirements:
  395         (a)Stores all data on previously conducted horse or
  396  greyhound races in a secure format on the central server, which
  397  is located at the pari-mutuel facility.
  398         (b)Uses only horse or greyhound races that were recorded
  399  at licensed pari-mutuel facilities in the United States after
  400  January 1, 2000.
  401         (c)Offers one or more of the following three bet types on
  402  all historic racing machines: win-place-show, quinella, or tri
  403  fecta.
  404         (d)Offers one or more of the following racing types:
  405  thoroughbreds, harness, or greyhounds.
  406         (e)Does not award progressive prizes of more than $2,500.
  407         (f)Does not award prizes exceeding $1,000, other than
  408  progressive prizes not exceeding $2,500.
  409         (g)After each wager is placed, displays a video of at
  410  least the final eight seconds of the horse or greyhound race
  411  before any prize is awarded or indicated on the historic racing
  412  machine.
  413         (h)The display of the video of the horse or greyhound race
  414  occupies at least 70 percent of the historic racing machine’s
  415  video screen and does not contain and is not linked to more than
  416  one video display.
  417         (i)Does not use casino game graphics, themes, or titles,
  418  including but not limited to, depictions of slot machine-style
  419  symbols, cards, craps, roulette, lottery, or bingo.
  420         (j)Does not use video or mechanical reel displays.
  421         (k)Does not contain more than one player position for
  422  placing wagers.
  423         (l)Does not dispense coins, currency, or tokens.
  424         (m)Awards prizes solely on the results of a previously
  425  conducted horse or greyhound race with no additional element of
  426  chance.
  427         (n)Uses a random number generator to select the race from
  428  the central server to be displayed to the player and the numbers
  429  or other designations of race entrants that will be used in the
  430  various bet types for any “Quick Pick” bets. To prevent an
  431  astute player from recognizing the race based on the entrants
  432  and thus knowing the results before placing a wager, the
  433  entrants of the race may not be identified until after all
  434  wagers for that race have been placed.
  435         (16)“Indian Gaming Regulatory Act” means the Indian Gaming
  436  Regulatory Act, Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467,
  437  codified at 25 U.S.C. ss. 2701 et seq. and 18 U.S.C. ss. 1166 to
  438  1168.
  439         (17)“Indian lands” means the lands defined in 25 U.S.C. s.
  440  2703(4).
  441         (18)“Initial payment period” means the period beginning on
  442  the effective date of the compact and ending on June 30, 2018.
  443         (19) “Live table games” means dice games, such as craps,
  444  sic-bo and any similar variations thereof, and wheel games, such
  445  as roulette, big six, and any similar variations thereof, but
  446  not including any game that is authorized as a slot machine,
  447  banking or banked card game, raffle, or drawing.
  448         (20) “Lottery vending machine” means any of the following
  449  four types of machines:
  450         (a)A machine that dispenses pre-printed paper instant
  451  lottery tickets, but that does not read or reveal the results of
  452  the ticket or allow a player to redeem any ticket. The machine,
  453  or any machine or device linked to the machine, does not include
  454  or make use of video reels or mechanical reels or other video
  455  depictions of slot machine or casino game themes or titles for
  456  game play, but does not preclude the use of casino game themes
  457  or titles on such tickets or signage or advertising displays on
  458  the machines.
  459         (b)A machine that dispenses pre-determined electronic
  460  instant lottery tickets and displays an image of the ticket on a
  461  video screen on the machine, where the player touches the image
  462  of the ticket on the video screen to reveal the outcome of the
  463  ticket, provided the machine does not permit a player to redeem
  464  winnings, does not make use of video reels or mechanical reels,
  465  and does not simulate the play of any casino game, and the
  466  lottery retailer is paid the same amount as would be paid for
  467  the sale of paper instant lottery tickets.
  468         (c)A machine that dispenses a paper lottery ticket with
  469  numbers selected by the player or randomly by the machine, but
  470  does not reveal the winning numbers. Such winning numbers are
  471  selected at a subsequent time and different location through a
  472  drawing conducted by the state lottery. The machine, or any
  473  machine or device linked to the machine, does not include or
  474  make use of video reels or mechanical reels or other video
  475  depictions of slot machine or casino game themes or titles for
  476  game play. The machine is not used to redeem a winning ticket.
  477  This does not preclude the use of casino game themes, titles for
  478  signage, or advertising displays on the machine.
  479         (d) A point-of-sale system to sell tickets for draw lottery
  480  games at gasoline pumps at retail fuel stations, provided the
  481  system dispenses a paper lottery receipt after the purchaser
  482  uses a credit card or debit card to purchase the ticket;
  483  processes transactions through a platform that is certified or
  484  otherwise approved by the Florida Lottery; does not directly
  485  dispense money or permit payment of winnings at the point-of
  486  sale terminal; and does not include or make use of video reels
  487  or mechanical reels or other slot machine or casino game themes
  488  or titles.
  489         (21)“Monthly payment” means the monthly revenue share
  490  payment which the Tribe remits to the state on the 15th day of
  491  the month following each month of the revenue sharing cycle.
  492         (22)“Net revenue base” means the net win for the 12 month
  493  period immediately preceding the offering of, for public or
  494  private use, Class III or other casino-style gaming at any of
  495  the licensed pari-mutuel facilities in Broward and Miami-Dade
  496  Counties, except that if the commencement of such new gaming is
  497  made during the initial payment period, “net revenue base” means
  498  net win for the 12-month period immediately preceding this
  499  compact.
  500         (23)“Net win” means the total receipts from the play of
  501  all covered games less all prize payouts and free play or
  502  promotional credits issued by the Tribe.
  503         (24)“Pari-mutuel wagering activities” means those
  504  activities authorized on January 1, 2018, by chapter 550, which
  505  do not include any casino-style game or device that include
  506  video reels or mechanical reels or other slot machine or casino
  507  game themes or titles.
  508         (25)“Patron” means any person who is on the premises of a
  509  facility, or who enters the Tribe’s Indian lands for the purpose
  510  of playing covered games authorized by this compact.
  511         (26)“Regular payment period” means the period beginning on
  512  July 1, 2025, and terminating at the end of the term of this
  513  compact.
  514         (27)“Revenue share payment” means the periodic payment by
  515  the Tribe to the state provided for in Part XI.
  516         (28)“Revenue sharing cycle” means the annual 12-month
  517  period of the Tribe’s operation of covered games in its
  518  facilities beginning on July 1 of each fiscal year, except for
  519  during the initial payment period, when the first revenue
  520  sharing cycle begins on July 1 of the previous year, and the
  521  Tribe receives a credit for any amount paid to the state under
  522  the 2010 Compact for that revenue sharing cycle.
  523         (29)“Rules and regulations” means the rules and
  524  regulations promulgated by the commission for implementation of
  525  this compact.
  526         (30)“State” means the State of Florida.
  527         (31)“State compliance agency” means the state agency
  528  designated by the Florida Legislature that has the authority to
  529  carry out the state’s oversight responsibilities under this
  530  compact.
  531         (32)“Tribe” means the Seminole Tribe of Florida or any
  532  affiliate thereof conducting activities pursuant to this compact
  533  under the authority of the Seminole Tribe of Florida.
  534  
  535                               PART IV                             
  536  
  537         AUTHORIZATION AND LOCATION OF COVERED GAMES.—
  538         (1)The Tribe and state agree that the Tribe is authorized
  539  to operate covered games on its Indian lands, as defined in the
  540  Indian Gaming Regulatory Act, in accordance with the provisions
  541  of this compact. Nothing in the compact is intended to prohibit
  542  the Tribe from operating slot machines that employ video or
  543  mechanical displays of roulette, wheels, or other table game
  544  themes. Except for the provisions in subsection (1) of Part XI,
  545  nothing in this compact shall limit the Tribe’s right to operate
  546  any Class II gaming under the Indian Gaming Regulatory Act.
  547         (2)The Tribe is authorized to conduct covered games under
  548  this compact only at the following seven existing facilities,
  549  which may be expanded or replaced as provided in subsection (3)
  550  on Indian lands:
  551         (a)Seminole Indian Casino-Brighton in Okeechobee, FL.
  552         (b)Seminole Indian Casino-Coconut Creek in Coconut Creek,
  553  FL.
  554         (c)Seminole Indian Casino-Hollywood in Hollywood, FL.
  555         (d)Seminole Indian Casino-Immokalee in Immokalee, FL.
  556         (e)Seminole Indian Casino-Big Cypress in Clewiston, FL.
  557         (f)Seminole Hard Rock Hotel & Casino-Hollywood in
  558  Hollywood, FL.
  559         (g)Seminole Hard Rock Hotel & Casino-Tampa in Tampa, FL.
  560         (3)Any of the facilities existing on Indian lands
  561  identified in subsection (2) may be expanded or replaced by
  562  another facility on the same Indian lands with at least 60 days’
  563  advance notice to the state.
  564  
  565                               PART V                              
  566  
  567         RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
  568  OPERATIONS.—
  569         (1)At all times during the term of this compact, the Tribe
  570  shall be responsible for all duties that are assigned to it and
  571  the commission under this compact. The Tribe shall promulgate
  572  any rules necessary to implement this compact, which, at a
  573  minimum, shall expressly include or incorporate by reference all
  574  provisions of Parts V, VI, VII, and VIII. Nothing in this
  575  compact shall be construed to affect the Tribe’s right to amend
  576  its rules, provided that any such amendment is in conformity
  577  with this compact. The state compliance agency may propose
  578  additional rules consistent with and related to the
  579  implementation of this compact to the commission at any time,
  580  and the commission shall give good faith consideration to such
  581  proposed rules and shall notify the state compliance agency of
  582  its response or action with respect to such rules.
  583         (2)All facilities shall comply with, and all covered games
  584  approved under this compact shall be operated in accordance
  585  with, the requirements set forth in this compact, including, but
  586  not limited to, the requirements set forth in subsections (3)
  587  and (4) and the Tribe’s Internal Control Policies and
  588  Procedures. In addition, all facilities and all covered games
  589  shall be operated in strict compliance with tribal internal
  590  control standards that provide a level of control that equals or
  591  exceeds those set forth in the National Indian Gaming
  592  Commission’s Minimum Internal Control Standards, 25 C.F.R. part
  593  542 (2015), even if the 2015 regulations are determined to be
  594  invalid or are subsequently withdrawn by the National Indian
  595  Gaming Commission. The Tribe may amend or supplement its
  596  internal control standards from time to time, provided that such
  597  changes continue to provide a level of control that equals or
  598  exceeds those set forth in 25 C.F.R. part 542 (2015).
  599         (3)The Tribe and the commission shall retain all documents
  600  in compliance with the requirements set forth in the Tribe’s
  601  Record Retention Policies and Procedures.
  602         (4)The Tribe shall continue and maintain its program to
  603  combat problem gambling and curtail compulsive gambling and work
  604  with the Florida Council on Compulsive Gambling or other
  605  organizations dedicated to assisting problem gamblers. The Tribe
  606  shall continue to maintain the following safeguards against
  607  problem gambling:
  608         (a)The Tribe shall provide to every new gaming employee a
  609  comprehensive training and education program designed in
  610  cooperation with the Florida Council on Compulsive Gambling or
  611  other organization dedicated to assisting problem gamblers.
  612         (b)The Tribe shall make printed materials available to
  613  patrons, which include contact information for the Florida
  614  Council on Compulsive Gambling 24-hour helpline or other hotline
  615  dedicated to assisting problem gamblers, and will work with the
  616  Florida Council on Compulsive Gambling or other organization
  617  dedicated to assisting problem gamblers to provide contact
  618  information for the Florida Council on Compulsive Gambling or
  619  other organization dedicated to assisting problem gamblers, and
  620  to provide such information on the facility’s website. The Tribe
  621  shall continue to display within the facilities all literature
  622  from the Florida Council on Compulsive Gambling or other
  623  organization dedicated to assisting problem gamblers.
  624         (c)1.The commission shall establish a list of patrons
  625  voluntarily excluded from the Tribe’s facilities, pursuant to
  626  subparagraph 3.
  627         2.The Tribe shall employ its best efforts to exclude
  628  patrons on such list from entry into its facilities; provided
  629  that nothing in this compact shall create for patrons who are
  630  excluded but gain access to the facilities, or any other person,
  631  a cause of action or claim against the state, the Tribe or the
  632  commission, or any other person, entity, or agency for failing
  633  to enforce such exclusion.
  634         3.Patrons who believe they may be compulsively playing
  635  covered games may request that their names be placed on the list
  636  of patrons voluntarily excluded from the Tribe’s facilities.
  637         (d)All covered game employees shall receive training on
  638  identifying compulsive gamblers and shall be instructed to ask
  639  such persons to leave. The facility shall make available signs
  640  bearing a toll-free help-line number and educational and
  641  informational materials at conspicuous locations and automated
  642  teller machines in each facility, which materials aim at the
  643  prevention of problem gaming and which specify where patrons may
  644  receive counseling or assistance for gambling problems. All
  645  covered games employees shall also be screened by the Tribe for
  646  compulsive gambling habits. Nothing in this subsection shall
  647  create for patrons, or any other person, a cause of action or
  648  claim against the state, the Tribe or the commission, or any
  649  other person, entity, or agency for failing to identify a patron
  650  or person who is a compulsive gambler or ask that person to
  651  leave.
  652         (e)The Tribe shall follow the rules for exclusion of
  653  patrons set forth in the Seminole Tribal Gaming Code.
  654         (f)The Tribe shall make diligent efforts to prevent
  655  underage individuals from loitering in the area of each facility
  656  where the covered games take place.
  657         (g)The Tribe shall ensure that any advertising and
  658  marketing of covered games at the facilities contains a
  659  responsible gambling message and a toll-free help-line number
  660  for problem gamblers, where practical, and that such advertising
  661  and marketing make no false or misleading claims.
  662         (5)The state may secure an annual independent audit of the
  663  conduct of covered games subject to this compact, as set forth
  664  in Part VIII.
  665         (6)The facility shall visibly display summaries of the
  666  rules for playing covered games and promotional contests and
  667  shall make available complete sets of rules upon request. The
  668  Tribe shall provide copies of all such rules to the state
  669  compliance agency within 30 calendar days after issuance or
  670  amendment.
  671         (7)The Tribe shall provide the commission and state
  672  compliance agency with a chart of the supervisory lines of
  673  authority with respect to those directly responsible for the
  674  conduct of covered games, and shall promptly notify those
  675  agencies of any material changes to the chart.
  676         (8)The Tribe shall continue to maintain proactive
  677  approaches to prevent improper alcohol sales, drunk driving,
  678  underage drinking, and underage gambling. These approaches shall
  679  involve intensive staff training, screening and certification,
  680  patron education, and the use of security personnel and
  681  surveillance equipment in order to enhance patrons’ enjoyment of
  682  the facilities and provide for patron safety.
  683         (a)Staff training includes specialized employee training
  684  in nonviolent crisis intervention, driver license verification,
  685  and detection of intoxication.
  686         (b)Patron education shall be carried out through notices
  687  transmitted on valet parking stubs, posted signs in the
  688  facilities, and in brochures.
  689         (c)Roving and fixed security officers, along with
  690  surveillance cameras, shall assist in the detection of
  691  intoxicated patrons, investigate problems, and engage with
  692  patrons to deescalate volatile situations.
  693         (d)To help prevent alcohol-related crashes, the Tribe will
  694  continue to operate the “Safe Ride Home Program,” a free taxi
  695  service.
  696         (e)The Tribe shall maintain these programs and policies in
  697  its Alcohol Beverage Control Act for the duration of the compact
  698  but may replace such programs and policies with stricter or more
  699  extensive programs and policies. The Tribe shall provide the
  700  state with written notice of any changes to the Tribe’s Alcohol
  701  Beverage Control Act, which notice shall include a copy of such
  702  changes and shall be sent on or before the effective date of the
  703  change. Nothing in this subsection shall create for patrons, or
  704  any other person, a cause of action or claim against the state,
  705  the Tribe or the commission, or any other person, entity, or
  706  agency for failing to fulfill the requirements of this
  707  subsection.
  708         (9)A person under 21 years of age may not play covered
  709  games, unless otherwise permitted by state law.
  710         (10)The Tribe may establish and operate facilities that
  711  operate covered games only on its Indian lands as defined by the
  712  Indian Gaming Regulatory Act and as specified in Part IV.
  713         (11)The commission shall keep a record of, and shall
  714  report at least quarterly to the state compliance agency, the
  715  number of covered games in each facility, by the name or type of
  716  each game and its identifying number.
  717         (12)The Tribe and the commission shall make available, to
  718  any member of the public upon request, within 10 business days,
  719  a copy of the National Indian Gaming Commission’s Minimum
  720  Internal Control Standards, 25 C.F.R. part 542 (2015), the
  721  Seminole Tribal Gaming Code, this compact, the rules of each
  722  covered game operated by the Tribe, and the administrative
  723  procedures for addressing patron tort claims under Part VI.
  724  
  725                               PART VI                             
  726  
  727         PATRON DISPUTES, WORKERS’ COMPENSATION, TORT CLAIMS; PRIZE
  728  CLAIMS; LIMITED CONSENT TO SUIT.—
  729         (1)All patron disputes involving gaming shall be resolved
  730  in accordance with the procedures established in the Seminole
  731  Tribal Gaming Code.
  732         (2)Tort claims by employees of the Tribe’s facilities will
  733  be handled pursuant to the provisions of the Tribe’s Workers’
  734  Compensation Ordinance, which shall provide workers the same or
  735  better protections as provided in state workers’ compensation
  736  laws.
  737         (3)Disputes involving employees of the Tribe’s facilities
  738  will be handled pursuant to the provisions of the Tribe’s policy
  739  for gaming employees, as set forth in the Employee Fair
  740  Treatment and Dispute Resolution Policy.
  741         (4)A patron who claims to have been injured after the
  742  effective date of the compact at one of the Tribe’s facilities
  743  in which covered games are played is required to provide written
  744  notice to the Tribe’s Risk Management Department or the
  745  facility, in a reasonable and timely manner, but no longer than
  746  three years after the date of the incident giving rise to the
  747  claimed injury, or the claim shall be forever barred.
  748         (5)The Tribe shall have 30 days to respond to a claim made
  749  by a patron. If the Tribe fails to respond within 30 days, the
  750  patron may file suit against the Tribe. When the Tribe responds
  751  to an incident alleged to have caused a patron’s injury or
  752  illness, the Tribe shall provide a claim form to the patron. The
  753  form must include the address for the Tribe’s Risk Management
  754  Department and provide notice of the Tribe’s administrative
  755  procedures for addressing patron tort claims, including notice
  756  of the relevant deadlines that may bar such claims if the
  757  Tribe’s administrative procedures are not followed. It is the
  758  patron’s responsibility to complete the form and forward the
  759  form to the Tribe’s Risk Management Department within a
  760  reasonable period of time, and in a reasonable and timely
  761  manner. Nothing herein shall interfere with any claim a patron
  762  might have arising under the Federal Tort Claim Act.
  763         (6)Upon receiving written notification of the claim, the
  764  Tribe’s Risk Management Department shall forward the
  765  notification to the Tribe’s insurance carrier. The Tribe shall
  766  use its best efforts to ensure that the insurance carrier
  767  contacts the patron within a reasonable period of time after
  768  receipt of the claim.
  769         (7)The insurance carrier shall handle the claim to
  770  conclusion. If the patron, Tribe, and insurance carrier are not
  771  able to resolve the claim in good faith within one year after
  772  the patron provided written notice to the Tribe’s Risk
  773  Management Department or the facility, the patron may bring a
  774  tort claim against the Tribe in any court of competent
  775  jurisdiction in the county in which the incident alleged to have
  776  caused injury occurred, as provided in this compact, and subject
  777  to a four-year statute of limitations, which shall begin to run
  778  from the date of the incident of the injury alleged in the
  779  claim. A patron’s notice of injury to the Tribe pursuant to
  780  subsection (4) and the fulfillment of the good faith attempt at
  781  resolution pursuant to this part are conditions precedent to
  782  filing suit.
  783         (8)For tort claims of patrons made pursuant to subsection
  784  (4), the Tribe agrees to waive its tribal sovereign immunity to
  785  the same extent as the state waives its sovereign immunity, as
  786  specified in s. 768.28(1) and (5), Florida Statutes, as such
  787  provision may be amended from time to time by the Legislature.
  788  In no event shall the Tribe be deemed to have waived its tribal
  789  immunity from suit beyond the limits set forth in s. 768.28(5),
  790  Florida Statutes. These limitations are intended to include
  791  liability for compensatory damages, costs, pre-judgment
  792  interest, and attorney fees if otherwise allowable under state
  793  law arising out of any claim brought or asserted against the
  794  Tribe, its subordinate governmental and economic units, any
  795  Tribal officials, employees, servants, or agents in their
  796  official capacities and any entity which is owned, directly or
  797  indirectly, by the Tribe. All patron tort claims brought
  798  pursuant to this provision shall be brought solely against the
  799  Tribe, as the sole party in interest.
  800         (9)Notices explaining the procedures and time limitations
  801  with respect to making a tort claim shall be prominently
  802  displayed in the facilities, posted on the Tribe’s website, and
  803  provided to any patron for whom the Tribe has notice of the
  804  injury or property damage giving rise to the tort claim. Such
  805  notices shall explain:
  806         (a)The method and places for making a tort claim,
  807  including where the patron must submit the claim.
  808         (b)That the process is the exclusive method for asserting
  809  a tort claim arising under this section against the Tribe.
  810         (c)That the Tribe and its insurance carrier have one year
  811  from the date the patron gives notice of the claim to resolve
  812  the matter, and that after that time, the patron may file suit
  813  in a court of competent jurisdiction.
  814         (d)That the exhaustion of the process is a prerequisite to
  815  filing a claim in state court.
  816         (e)That claims that fail to follow this process shall be
  817  forever barred.
  818         (10)The Tribe shall maintain an insurance policy that
  819  shall:
  820         (a)Prohibit the insurer or the Tribe from invoking tribal
  821  sovereign immunity for claims up to the limits to which the
  822  state has waived sovereign immunity as set forth in s.
  823  768.28(5), Florida Statutes, or its successor statute.
  824         (b)Include covered claims made by a patron or invitee for
  825  personal injury or property damage.
  826         (c)Permit the insurer or the Tribe to assert any statutory
  827  or common law defense other than sovereign immunity.
  828         (d)Provide that any award or judgment rendered in favor of
  829  a patron or invitee shall be satisfied solely from insurance
  830  proceeds.
  831         (11)The Tribal Council of the Seminole Tribe of Florida
  832  may, in its discretion, consider claims for compensation in
  833  excess of the limits of the Tribe’s waiver of its sovereign
  834  immunity.
  835  
  836                              PART VII                             
  837  
  838         ENFORCEMENT OF COMPACT PROVISIONS.—
  839         (1)The Tribe, the commission, and the state compliance
  840  agency, to the extent authorized by this compact, shall be
  841  responsible for regulating activities pursuant to this compact.
  842  As part of its responsibilities, the Tribe shall adopt or issue
  843  standards designed to ensure that the facilities are
  844  constructed, operated, and maintained in a manner that
  845  adequately protects the environment and public health and
  846  safety. Additionally, the Tribe and the commission shall ensure
  847  that:
  848         (a)Operation of the conduct of covered games is in strict
  849  compliance with:
  850         1.The Seminole Tribal Gaming Code.
  851         2.All rules, regulations, procedures, specifications, and
  852  standards lawfully adopted by the National Indian Gaming
  853  Commission and the commission.
  854         3.The provisions of this compact, including, but not
  855  limited to, the Tribe’s standards and rules.
  856         (b)Reasonable measures are taken to:
  857         1.Ensure the physical safety of facility patrons,
  858  employees, and any other person while in the facility.
  859         2.Prevent illegal activity at the facilities or with
  860  regard to the operation of covered games, including, but not
  861  limited to, the maintenance of employee procedures and a
  862  surveillance system.
  863         3.Ensure prompt notification is given, in accordance with
  864  applicable law, to appropriate law enforcement authorities of
  865  persons who may be involved in illegal acts.
  866         4.Ensure that the construction and maintenance of the
  867  facilities complies with the standards of the Florida Building
  868  Code, the provisions of which the Tribe has adopted as the
  869  Seminole Tribal Building Code.
  870         5.Ensure adequate emergency access plans have been
  871  prepared to ensure the health and safety of all covered game
  872  patrons.
  873         (2)All licenses for members and employees of the
  874  commission shall be issued according to the same standards and
  875  terms applicable to facility employees. The commission’s
  876  officers shall be independent of the Tribal gaming operations,
  877  and shall be supervised by and accountable only to the
  878  commission. A commission officer shall be available to the
  879  facility during all hours of operation upon reasonable notice,
  880  and shall have immediate access to any and all areas of the
  881  facility for the purpose of ensuring compliance with the
  882  provisions of this compact. The commission shall investigate any
  883  suspected or reported violation of this part and shall
  884  officially enter into its files timely written reports of
  885  investigations and any action taken thereon, and shall forward
  886  copies of such investigative reports to the state compliance
  887  agency within 30 calendar days after such filing. The scope of
  888  such reporting shall be determined by the commission and the
  889  state compliance agency as soon as practicable after the
  890  effective date of this compact. Any such violations shall be
  891  reported immediately to the commission, and the commission shall
  892  immediately forward such reports to the state compliance agency.
  893  In addition, the commission shall promptly report to the state
  894  compliance agency any such violations which it independently
  895  discovers.
  896         (3)In order to develop and foster a positive and effective
  897  relationship in the enforcement of the provisions of this
  898  compact, representatives of the commission and the state
  899  compliance agency shall meet at least annually to review past
  900  practices and examine methods to improve the regulatory scheme
  901  created by this compact. The meetings shall take place at a
  902  location mutually agreed upon by the commission and the state
  903  compliance agency. The state compliance agency, before or during
  904  such meetings, shall disclose to the commission any concerns,
  905  suspected activities, or pending matters reasonably believed to
  906  constitute violations of the compact by any person,
  907  organization, or entity, if such disclosure will not compromise
  908  the interest sought to be protected.
  909  
  910                              PART VIII                            
  911  
  912         STATE MONITORING OF COMPACT.—
  913         (1)It is the express intent of the Tribe and the state for
  914  the Tribe to regulate its own gaming activities.
  915  Notwithstanding, the state shall conduct random inspections as
  916  provided for in this part to ensure that the Tribe is operating
  917  in accordance with the terms of the compact. The state may
  918  secure an annual independent audit of the conduct of covered
  919  games subject to this compact and the Tribe shall cooperate with
  920  such audit. The audit shall:
  921         (a)Examine the covered games operated by the Tribe to
  922  ensure compliance with the Tribe’s Internal Control Policies and
  923  Procedures and any other standards, policies, or procedures
  924  adopted by the Tribe, the commission, or the National Indian
  925  Gaming Commission which govern the play of covered games.
  926         (b)Examine revenues in connection with the conduct of
  927  covered games and include only those matters necessary to verify
  928  the determination of net win and the basis and amount of the
  929  payments the Tribe is required to make to the state pursuant to
  930  Part XI and as defined by this compact.
  931         (2)A copy of the audit report for the conduct of covered
  932  games shall be submitted to the commission and the state
  933  compliance agency within 30 calendar days after completion.
  934  Representatives of the state compliance agency may, upon
  935  request, meet with the Tribe and its auditors to discuss the
  936  audit or any matters in connection therewith; provided that such
  937  discussions are limited to covered games information. The annual
  938  independent audit shall be performed by an independent firm
  939  selected by the state which has experience in auditing casino
  940  operations, subject to the consent of the Tribe, which shall not
  941  be unreasonably withheld. The Tribe shall pay for the cost of
  942  the annual independent audit.
  943         (3)As provided herein, the state compliance agency may
  944  monitor the conduct of covered games to ensure that the covered
  945  games are conducted in compliance with the provisions of this
  946  compact. In order to properly monitor the conduct of covered
  947  games, agents of the state compliance agency shall have
  948  reasonable access, without prior notice, to all public areas of
  949  the facilities related to the conduct of covered games.
  950         (a)The state compliance agency may review whether the
  951  Tribe’s facilities are in compliance with the provisions of this
  952  compact and the Tribe’s rules and regulations applicable to
  953  covered games and may advise on such issues as it deems
  954  appropriate. In the event of a dispute or disagreement between
  955  Tribal and state compliance agency regulators, the dispute or
  956  disagreement shall be resolved in accordance with the dispute
  957  resolution provisions of Part XIII.
  958         (b)In order to fulfill its oversight responsibilities, the
  959  state compliance agency may perform on a routine basis specific
  960  oversight testing procedures as set forth in paragraph (c).
  961         (c)1.The state compliance agency may inspect any covered
  962  games in operation at the facilities on a random basis, provided
  963  that such inspections may not exceed one inspection per facility
  964  per calendar month and the inspection may not exceed 16 hours
  965  spread over those two consecutive days, unless the state
  966  compliance agency determines that additional inspection hours
  967  are needed to address the issues of substantial noncompliance,
  968  provided that the state compliance agency provides the Tribe
  969  with written notification of the need for additional inspection
  970  hours and a written summary of the substantial noncompliance
  971  issues that need to be addressed during the additional
  972  inspection hours. The total number of hours of random
  973  inspections and audit reviews per year may not exceed 1,600
  974  hours. Inspection hours shall be calculated on the basis of the
  975  actual amount of time spent by the state compliance agency
  976  conducting the inspections at a facility, without accounting for
  977  a multiple for the number of state compliance agency inspectors
  978  or agents engaged in the inspection activities. The purpose of
  979  the random inspections is to confirm that the covered games
  980  function properly pursuant to the manufacturer’s technical
  981  standards and are conducted in compliance with the Tribe’s
  982  Internal Control Policies and Procedures and any other
  983  standards, policies, or procedures adopted by the Tribe, the
  984  commission, or the National Indian Gaming Commission which
  985  govern the play of covered games. The state compliance agency
  986  shall provide notice to the commission of such inspection at or
  987  before the commencement of a random inspection and a commission
  988  agent may accompany the inspection.
  989         2.For each facility, the state compliance agency may
  990  perform one annual review of the Tribe’s slot machine compliance
  991  audit.
  992         3.At least annually, the state compliance agency may meet
  993  with the Tribe’s Internal Audit Department for Gaming to review
  994  internal controls and the record of violations for each
  995  facility.
  996         (d)The state compliance agency shall cooperate with and
  997  obtain the assistance of the commission in the resolution of any
  998  conflicts in the management of the facilities, and the state and
  999  the Tribe shall make their best efforts to resolve disputes
 1000  through negotiation whenever possible. Therefore, to foster a
 1001  spirit of cooperation and efficiency, the state compliance
 1002  agency and Tribe shall resolve disputes between the state
 1003  compliance agency staff and commission regulators about the day
 1004  to-day regulation of the facilities through meeting and
 1005  conferring in good faith. Notwithstanding, the parties may seek
 1006  other relief that may be available when circumstances require
 1007  such relief. In the event of a dispute or disagreement between
 1008  tribal and state compliance agency regulators, the dispute or
 1009  disagreement shall be resolved in accordance with the dispute
 1010  resolution provisions of Part XIII.
 1011         (e)The state compliance agency shall have access to each
 1012  facility during the facility’s operating hours only. No advance
 1013  notice is required when the state compliance agency inspection
 1014  is limited to public areas of the facility; however,
 1015  representatives of the state compliance agency shall provide
 1016  notice and photographic identification to the commission of
 1017  their presence before beginning any such inspections.
 1018         (f)The state compliance agency agents, to ensure that a
 1019  commission officer is available to accompany the state
 1020  compliance agency agents at all times, shall provide one hour
 1021  notice and photographic identification to the commission before
 1022  entering any nonpublic area of a facility. Agents of the state
 1023  compliance agency shall be accompanied in nonpublic areas of the
 1024  facility by a commission officer.
 1025         (g)Any suspected or claimed violations of this compact or
 1026  law shall be directed in writing to the commission. The state
 1027  compliance agency, in conducting the functions assigned them
 1028  under this compact, shall not unreasonably interfere with the
 1029  functioning of any facility.
 1030         (4)Subject to the provisions herein, the state compliance
 1031  agency may review and request copies of documents of the
 1032  facility related to its conduct of covered games during normal
 1033  business hours unless otherwise allowed by the Tribe. The Tribe
 1034  may not refuse said inspection and copying of such documents,
 1035  provided that the inspectors do not require copies of documents
 1036  in such volume that it unreasonably interferes with the normal
 1037  functioning of the facilities or covered games. To the extent
 1038  that the Tribe provides the state with information that the
 1039  Tribe claims to be confidential and proprietary, or a trade
 1040  secret, the Tribe shall clearly mark such information with the
 1041  following designation: “Trade Secret, Confidential, and
 1042  Proprietary.” If the state receives a request under chapter 119
 1043  that would include such designated information, the state shall
 1044  promptly notify the Tribe of such a request and the Tribe shall
 1045  promptly notify the state about its intent to seek judicial
 1046  protection from disclosure. Upon such notice from the Tribe, the
 1047  state may not release the requested information until a judicial
 1048  determination is made. This designation and notification
 1049  procedure does not excuse the state from complying with the
 1050  requirements of the state’s public records law, but is intended
 1051  to provide the Tribe the opportunity to seek whatever judicial
 1052  remedy it deems appropriate. Notwithstanding the foregoing
 1053  procedure, the state compliance agency may provide copies of
 1054  tribal documents to federal law enforcement and other state
 1055  agencies or state consultants that the state deems reasonably
 1056  necessary in order to conduct or complete any investigation of
 1057  suspected criminal activity in connection with the Tribe’s
 1058  covered games or the operation of the facilities or in order to
 1059  assure the Tribe’s compliance with this compact.
 1060         (5)At the completion of any state compliance agency
 1061  inspection or investigation, the state compliance agency shall
 1062  forward any written report thereof to the commission, containing
 1063  all pertinent, nonconfidential, nonproprietary information
 1064  regarding any violation of applicable laws or this compact which
 1065  was discovered during the inspection or investigation unless
 1066  disclosure thereof would adversely impact an investigation of
 1067  suspected criminal activity. Nothing herein prevents the state
 1068  compliance agency from contacting tribal or federal law
 1069  enforcement authorities for suspected criminal wrongdoing
 1070  involving the commission.
 1071         (6)Except as expressly provided in this compact, nothing
 1072  in this compact shall be deemed to authorize the state to
 1073  regulate the Tribe’s government, including the commission, or to
 1074  interfere in any way with the Tribe’s selection of its
 1075  governmental officers, including members of the commission.
 1076  
 1077                               PART IX                             
 1078  
 1079         JURISDICTION.—The obligations and rights of the state and
 1080  the Tribe under this compact are contractual in nature and are
 1081  to be construed in accordance with the laws of the state. This
 1082  compact does not alter tribal, federal, or state civil
 1083  adjudicatory or criminal jurisdiction in any way.
 1084  
 1085                               PART X                              
 1086  
 1087         LICENSING.—The Tribe and the commission shall comply with
 1088  the licensing and hearing requirements set forth in 25 C.F.R.
 1089  parts 556 and 558, as well as the applicable licensing and
 1090  hearing requirements set forth in Articles IV, V, and VI of the
 1091  Seminole Tribal Gaming Code. The commission shall notify the
 1092  state compliance agency of any disciplinary hearings or
 1093  revocation or suspension of licenses.
 1094  
 1095                               PART XI                             
 1096  
 1097         PAYMENTS TO THE STATE OF FLORIDA.—
 1098         (1)The parties acknowledge and recognize that this compact
 1099  provides the Tribe with partial but substantial exclusivity and
 1100  other valuable consideration consistent with the goals of the
 1101  Indian Gaming Regulatory Act, including special opportunities
 1102  for tribal economic development through gaming within the
 1103  external boundaries of the state with respect to the play of
 1104  covered games. In consideration thereof, the Tribe covenants and
 1105  agrees, subject to the conditions agreed upon in Part XII, to
 1106  make payments to the state derived from net win as set forth in
 1107  subsections (2) and (7). The Tribe further agrees that it will
 1108  not purchase or lease any new Class II video bingo terminals or
 1109  their equivalents for use at its facilities after the effective
 1110  date of this compact.
 1111         (2)The Tribe shall make periodic revenue share payments to
 1112  the state derived from net win as set forth in this subsection,
 1113  and any such payments shall be made to the state via electronic
 1114  funds transfer. Of the amounts paid by the Tribe to the state,
 1115  three percent shall be distributed to local governments,
 1116  including both counties and municipalities, in the state
 1117  affected by the Tribe’s operation of covered games. Revenue
 1118  share payments by the Tribe to the state shall be calculated as
 1119  follows:
 1120         (a)During the initial payment period, the Tribe agrees to
 1121  pay the state a revenue share payment in accordance with this
 1122  subparagraph.
 1123         1.13 percent of all amounts up to $2 billion of net win
 1124  received by the Tribe from the operation and play of covered
 1125  games during each revenue sharing cycle;
 1126         2.17.5 percent of all amounts greater than $2 billion up
 1127  to and including $3.5 billion of net win received by the Tribe
 1128  from the operation and play of covered games during each revenue
 1129  sharing cycle;
 1130         3.20 percent of all amounts greater than $3.5 billion up
 1131  to and including $4 billion of net win received by the Tribe
 1132  from the operation and play of covered games during each revenue
 1133  sharing cycle;
 1134         4.22.5 percent of all amounts greater than $4 billion up
 1135  to and including $4.5 billion of net win received by the Tribe
 1136  from the operation and play of covered games during each revenue
 1137  sharing cycle; or
 1138         5.25 percent of all amounts greater than $4.5 billion of
 1139  net win received by the Tribe from the operation and play of
 1140  covered games during each revenue sharing cycle.
 1141         (b)During the guarantee payment period, the Tribe agrees
 1142  to make fixed payments in accordance with this paragraph. In
 1143  addition, within 90 days after the end of the guarantee payment
 1144  period, the Tribe shall make an additional payment to the state
 1145  equal to the amount above $3 billion, if any, that would have
 1146  been owed by the Tribe to the state had the percentages set
 1147  forth in paragraph (c) been applicable during the guarantee
 1148  payment period.
 1149         1.A payment of $325 million during the first revenue
 1150  sharing cycle;
 1151         2.A payment of $350 million during the second revenue
 1152  sharing cycle;
 1153         3.A payment of $375 million during the third revenue
 1154  sharing cycle;
 1155         4.A payment of $425 million during the fourth revenue
 1156  sharing cycle;
 1157         5.A payment of $475 million during the fifth revenue
 1158  sharing cycle;
 1159         6.A payment of $500 million during the sixth revenue
 1160  sharing cycle; and
 1161         7.A payment of $550 million during the seventh revenue
 1162  sharing cycle.
 1163         (c)During the regular payment period, the Tribe agrees to
 1164  pay a revenue share payment, for each revenue sharing cycle, to
 1165  the state equal to the amount calculated in accordance with this
 1166  paragraph.
 1167         1.13 percent of all amounts up to $2 billion of net win
 1168  received by the Tribe from the operation and play of covered
 1169  games during each revenue sharing cycle;
 1170         2.17.5 percent of all amounts greater than $2 billion up
 1171  to and including $3.5 billion of net win received by the Tribe
 1172  from the operation and play of covered games during each revenue
 1173  sharing cycle;
 1174         3.20 percent of all amounts greater than $3.5 billion up
 1175  to and including $4 billion of net win received by the Tribe
 1176  from the operation and play of covered games during each revenue
 1177  sharing cycle;
 1178         4.22.5 percent of all amounts greater than $4 billion up
 1179  to and including $4.5 billion of net win received by the Tribe
 1180  from the operation and play of covered games during each revenue
 1181  sharing cycle; or
 1182         5.25 percent of all amounts greater than $4.5 billion of
 1183  net win received by the Tribe from the operation and play of
 1184  covered games during each revenue sharing cycle.
 1185         (3)The Tribe shall remit monthly payments as follows:
 1186         (a)On or before the 15th day of the month following each
 1187  month of the revenue sharing cycle, the Tribe will remit to the
 1188  state or its assignee the monthly payment. For purposes of this
 1189  section, the monthly payment shall be 8.3333 percent of the
 1190  estimated revenue share payment to be paid by the Tribe during
 1191  such revenue sharing cycle.
 1192         (b)The Tribe shall make available to the state at the time
 1193  of the monthly payment the basis for the calculation of the
 1194  payment.
 1195         (c)The Tribe shall, on a monthly basis, reconcile the
 1196  calculation of the estimated revenue share payment based on the
 1197  Tribe’s unaudited financial statements related to covered games.
 1198         (4)The Tribe shall have an audit conducted as follows:
 1199         (a)On or before the 45th day after the third month, sixth
 1200  month, ninth month, and twelfth month of each revenue sharing
 1201  cycle, provided that the 12-month period does not coincide with
 1202  the Tribe’s fiscal year end date as indicated in paragraph (c),
 1203  the Tribe shall provide the state with an audit report by its
 1204  independent auditors as to the annual revenue share calculation.
 1205         (b)For each quarter within revenue sharing cycle, the
 1206  Tribe shall engage its independent auditors to conduct a review
 1207  of the unaudited net revenue from covered games. On or before
 1208  the 120th day after the end of the Tribe’s fiscal year, the
 1209  Tribe shall require its independent auditors to provide an audit
 1210  report with respect to net win for covered games and the related
 1211  payment of the annual revenue share.
 1212         (c)If the twelfth month of the revenue sharing cycle does
 1213  not coincide with the Tribe’s fiscal year, the Tribe shall
 1214  deduct net win from covered games for any of the months outside
 1215  of the revenue sharing cycle and include net win from covered
 1216  games for those months outside of the Tribe’s audit period but
 1217  within the revenue sharing cycle, before issuing the audit
 1218  report.
 1219         (d)No later than 30 calendar days after the day the audit
 1220  report is issued, the Tribe shall remit to the state any
 1221  underpayment of the annual revenue share, and the state shall
 1222  either reimburse to the Tribe any overpayment of the annual
 1223  revenue share or authorize the overpayment to be deducted from
 1224  the next successive monthly payment or payments.
 1225         (5)If, after any change in state law to affirmatively
 1226  allow internet or online gaming, or any functionally equivalent
 1227  remote gaming system that permits a person to play from home or
 1228  any other location that is remote from a casino or other
 1229  commercial gaming facility, but excluding any fantasy contest
 1230  conducted pursuant to s. 546.13, the Tribe’s net win from the
 1231  operation of covered games at all of its facilities combined
 1232  drops more than five percent below its net win from the previous
 1233  12-month period, the Tribe shall no longer be required to make
 1234  payments to the state based on the guaranteed minimum compact
 1235  term payment and shall not be required to make the guaranteed
 1236  minimum compact term payment. However, the Tribe shall continue
 1237  to make payments based on the percentage revenue share amount.
 1238  The Tribe shall resume making the guaranteed minimum compact
 1239  term payment for any subsequent revenue sharing cycle in which
 1240  its net win rises above the level described in this subsection.
 1241  This subsection does not apply if:
 1242         (a)The decline in net win is due to acts of God, war,
 1243  terrorism, fires, floods, or accidents causing damage to or
 1244  destruction of one or more of its facilities or property
 1245  necessary to operate the facility of facilities; or
 1246         (b)The Tribe offers internet or online gaming or any
 1247  functionally equivalent remote gaming system that permits a
 1248  person to game from home or any other location that is remote
 1249  from any of the Tribe’s facilities, as authorized by law.
 1250         (6)The annual oversight assessment, which shall not exceed
 1251  $250,000 per year, indexed for inflation as determined by the
 1252  Consumer Price Index, shall be determined and paid in quarterly
 1253  installments within 30 calendar days after receipt by the Tribe
 1254  of an invoice from the state compliance agency. The Tribe
 1255  reserves the right to audit the invoices on an annual basis, a
 1256  copy of which will be provided to the state compliance agency,
 1257  and any discrepancies found therein shall be reconciled within
 1258  45 calendar days after receipt of the audit by the state
 1259  compliance agency.
 1260         (7)The Tribe shall make an annual donation to the Florida
 1261  Council on Compulsive Gaming as an assignee of the state in an
 1262  amount not less than $250,000 per facility.
 1263         (8)Except as expressly provided in this part, nothing in
 1264  this compact shall be deemed to require the Tribe to make
 1265  payments of any kind to the state or any of its agencies.
 1266  
 1267                              PART XII                             
 1268  
 1269         REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
 1270  OR OTHER CHANGES IN STATE LAW.—The intent of this compact is to
 1271  provide the Tribe with the right to operate covered games on an
 1272  exclusive basis throughout the state, subject to the exceptions
 1273  and provisions in this part.
 1274         (1)For purposes of this part, the terms “Class III gaming”
 1275  or “other casino-style gaming” include, but are not limited to,
 1276  slot machines, electronically assisted bingo, electronically
 1277  assisted pull-tab games, noncard table games, video lottery
 1278  terminals, or any similar games, whether or not such games are
 1279  determined through the use of a random number generator. For the
 1280  purposes of this part, the terms “Class III gaming” and “other
 1281  casino-style gaming” do not include fantasy contests conducted
 1282  pursuant to s. 546.13 or designated player games of poker
 1283  authorized pursuant to s. 849.086, as those statutes are in
 1284  effect on January 1, 2019.
 1285         (a)If, after January 1, 2019, state law is amended,
 1286  implemented, or interpreted to allow the operation of Class III
 1287  gaming or other casino-style gaming at any location under the
 1288  jurisdiction of the state that was not in operation as of
 1289  January 1, 2019, or a new form of Class III gaming or other
 1290  casino-style gaming that was not in operation as of January 1,
 1291  2019, and such gaming is offered to the public as a result of
 1292  the amendment, implementation, or interpretation, the Tribe, no
 1293  fewer than 30 days after the commencement of such new gaming or
 1294  90 days after the state’s receipt of written notice from the
 1295  Tribe pursuant to paragraph (b), whichever occurs later, may
 1296  elect to begin making the affected portion of its payments due
 1297  to the state pursuant to subsections (2) and (7) of Part XI,
 1298  into an escrow account.
 1299         (b)In order to exercise the provisions of paragraph (a),
 1300  the Tribe must first notify the state, within 90 days after such
 1301  amendment, implementation, or interpretation of state law, of
 1302  the Tribe’s objections to such action or interpretation and
 1303  further specify the basis for the Tribe’s contention that such
 1304  action or interpretation infringes upon the substantial
 1305  exclusivity afforded under this compact. As part of its written
 1306  notice, the Tribe must also indicate, if applicable, its
 1307  intention to begin making the affected portion of its payments
 1308  due to the state into an escrow account.
 1309         (c)Upon receipt of written notice from the Tribe, the
 1310  state may elect to:
 1311         1.Invoke the dispute resolution provisions of Part XIII to
 1312  determine whether the Tribe’s contention is well-founded. In
 1313  such proceeding, the Tribe carries the burden of proof and
 1314  persuasion. The pendency of such proceeding tolls the time
 1315  periods set forth in paragraph (1)(a) of Part XII for the
 1316  duration of the dispute or litigation; or
 1317         2.Seek through enforcement action, legislation, or other
 1318  means to stop the conduct of such new games.
 1319         (d)1.If, within 15 months following the state’s receipt of
 1320  written notice from the Tribe, the Tribe’s contention is deemed
 1321  not to be well-founded at the conclusion of dispute resolution
 1322  or new gaming is made illegal and is halted, then all funds
 1323  being held in the escrow account shall be released to the state
 1324  and all further payments due to the state pursuant to
 1325  subsections (2) and (7) of Part XI shall promptly resume.
 1326         2.If, after 15 months following the state’s receipt of
 1327  written notice from the Tribe, the Tribe’s contention is deemed
 1328  to be well-founded at the conclusion of dispute resolution and
 1329  such gaming is not made illegal and halted, then all funds being
 1330  held in escrow shall be returned to the Tribe and all further
 1331  payments due to the state pursuant to subsections (2) and (7) of
 1332  Part XI shall cease or be reduced as provided in subsection (2)
 1333  until such gaming is no longer operated, in which event the
 1334  payments shall promptly resume.
 1335         (2)The following are exceptions to the exclusivity
 1336  provisions of subsection (1):
 1337         (a)Any Class III gaming authorized by a compact between
 1338  the state and any other federally recognized tribe pursuant to
 1339  Indian Gaming Regulatory Act, provided that the tribe has land
 1340  in federal trust in the state as of January 1, 2018.
 1341         (b)The operation of slot machines, which does not include
 1342  any game played with tangible playing cards, at:
 1343         1. Each of the four currently operating licensed pari
 1344  mutuel facilities in Broward County and the four currently
 1345  operating licensed pari-mutuel facilities in Miami-Dade County,
 1346  whether or not currently operating slot machines, provided that
 1347  such licenses are not transferred or otherwise used to move or
 1348  operate such slot machines at any other location; or
 1349         2. Licensed pari-mutuel facilities in counties, other than
 1350  Broward County or Miami-Dade County, which have been authorized
 1351  by referendum in each of those counties after January 1, 2012,
 1352  and on or before September 1, 2018, pursuant to state law as of
 1353  January 1, 2019.
 1354         (c)1.If state law is amended to allow for the play of any
 1355  additional type of Class III or other casino-style gaming at any
 1356  of the presently operating licensed pari-mutuel facilities in
 1357  Broward and Miami-Dade Counties, the Tribe may be entitled to a
 1358  reduction in the revenue sharing payment as described in
 1359  subparagraph 2.
 1360         2.If the Tribe’s annual net win from its facilities
 1361  located in Broward County for the 12 month period after the
 1362  gaming specified in subparagraph 1. begins to be offered for
 1363  public or private use is less than the net revenue base, the
 1364  revenue share payments due to the state, pursuant to paragraph
 1365  (2)(b) of Part XI, for the next revenue sharing cycle and future
 1366  revenue sharing cycles shall be calculated by reducing the
 1367  Tribe’s payment on revenue generated from its facilities in
 1368  Broward County by 50 percent of that reduction in annual net win
 1369  from its facilities in Broward County. This paragraph does not
 1370  apply if the decline in net win is due to acts of God, war,
 1371  terrorism, fires, floods, or accidents causing damage to or
 1372  destruction of one or more of its facilities or property
 1373  necessary to operate the facility or facilities.
 1374         3.If the Tribe’s annual net win from its facilities
 1375  located in Broward County subsequently equals or exceeds the net
 1376  revenue base, then the Tribe’s payments due to the state
 1377  pursuant to paragraph (2)(b) of Part XI shall again be
 1378  calculated without any reduction, but may be reduced again under
 1379  the provisions set forth in subparagraph 2.
 1380         (d)If state law is amended to allow the play of Class III
 1381  gaming or other casino-style gaming, as defined in this part, at
 1382  any location in Miami-Dade County or Broward County under the
 1383  jurisdiction of the state that is not presently licensed for the
 1384  play of such games at such locations, other than those
 1385  facilities set forth in paragraph (c) and this paragraph, and
 1386  such games were not in play as of January 1, 2018, and such
 1387  gaming begins to be offered for public or private use, the
 1388  payments due the state pursuant to subparagraph (c)2., shall be
 1389  calculated by excluding the net win from the Tribe’s facilities
 1390  in Broward County.
 1391         (e)The operation of a combined total of not more than 350
 1392  historic racing machines, connected to a central server at that
 1393  facility, and electronic bingo machines at each pari-mutuel
 1394  facility licensed as of January 1, 2018, and not located in
 1395  either Broward County or Miami-Dade County.
 1396         (f)The operation of pari-mutuel wagering activities at
 1397  pari-mutuel facilities licensed by the state.
 1398         (g)The operation by the Department of the Lottery of those
 1399  types of lottery games authorized under chapter 24 as of January
 1400  1, 2018, but not including any player-activated or operated
 1401  machine or device other than a lottery vending machine or any
 1402  banked or banking card or table game. However, not more than ten
 1403  lottery vending machines may be installed at any facility or
 1404  location and no lottery vending machine that dispenses
 1405  electronic instant tickets may be installed at any licensed
 1406  pari-mutuel facility.
 1407         (h) The operation of games of poker, including designated
 1408  player games of poker, as authorized by chapter 849 as of
 1409  January 1, 2019.
 1410         (i) The operation of games permitted by chapters 546 and
 1411  849, Florida Statutes, as of January 1, 2019.
 1412         (j) The following events shall not trigger any remedy under
 1413  this compact and do not affect the exclusivity provisions of
 1414  this compact:
 1415         1. Any change to the tax rate paid to the state by the
 1416  licensed pari-mutuel permitholders for the operation of slot
 1417  machines, provided the effective tax rate is not less than 25
 1418  percent. If the effective tax rate is less than 25 percent, then
 1419  the Tribe shall be relieved of its obligations to make the
 1420  guaranteed minimum compact term payment and any further
 1421  guaranteed revenue sharing cycle payment, but instead shall make
 1422  payments to the state for all future revenue sharing cycles
 1423  based on the percentage payments set forth in paragraph (2)(c)
 1424  of Part XI, but shall be permitted to exclude all revenue
 1425  generated by slot machines at its facilities in Broward County;
 1426  and
 1427         2. Any change in state law that removes the requirement for
 1428  pari-mutuel permitholders to conduct performances of live races
 1429  or games in order to operate other authorized gaming activities.
 1430         (3)To the extent that the exclusivity provisions of this
 1431  part are breached or otherwise violated and the Tribe’s ongoing
 1432  payment obligations to the state pursuant to subsections (2) and
 1433  (7) of Part XI cease, any outstanding payments that would have
 1434  been due the state from the Tribe’s facilities before the breach
 1435  or violation shall be made within 30 business days after the
 1436  breach or violation.
 1437         (4)The breach of this part’s exclusivity provisions and
 1438  the cessation of payments pursuant to subsections (2) and (7) of
 1439  Part XI shall not excuse the Tribe from continuing to comply
 1440  with all other provisions of this compact, including continuing
 1441  to pay the state the annual oversight assessment as set forth in
 1442  subsection (6) of Part XI.
 1443  
 1444                              PART XIII                            
 1445  
 1446         DISPUTE RESOLUTION.—In the event that the Tribe or State
 1447  believes that the other party has failed to comply with any
 1448  requirements of this compact, or in the event of any dispute
 1449  hereunder, including, but not limited to, a dispute over the
 1450  proper interpretation of the terms and conditions of this
 1451  compact, the goal of the parties is to resolve all disputes
 1452  amicably and voluntarily whenever possible. In pursuit of this
 1453  goal, the following procedures may be invoked:
 1454         (1)A party asserting noncompliance or seeking an
 1455  interpretation of this compact first shall serve written notice
 1456  on the other party. The notice shall identify the specific
 1457  compact provision alleged to have been violated or in dispute
 1458  and shall specify in detail the asserting party’s contention and
 1459  any factual basis for the claim. Representatives of the Tribe
 1460  and state shall meet within 30 calendar days after receipt of
 1461  notice in an effort to resolve the dispute, unless they mutually
 1462  agree to extend this period.
 1463         (2)A party asserting noncompliance or seeking an
 1464  interpretation of this compact under this part shall be deemed
 1465  to have certified that to the best of the party’s knowledge,
 1466  information, and belief formed after reasonable inquiry, the
 1467  claim of noncompliance or the request for interpretation of this
 1468  compact is warranted and made in good faith and not for any
 1469  improper purpose, such as to harass or to cause unnecessary
 1470  delay or the needless incurring of the cost of resolving the
 1471  dispute.
 1472         (3)If the parties are unable to resolve a dispute through
 1473  the process specified in subsections (1) and (2), either party
 1474  may call for mediation under the Commercial Mediation Procedures
 1475  of the American Arbitration Association or any successor
 1476  procedures, provided that such mediation does not last more than
 1477  60 calendar days, unless an extension to this time limit is
 1478  negotiated by the parties. Only matters arising under the terms
 1479  of this compact may be available for resolution through
 1480  mediation. If the parties are unable to resolve a dispute
 1481  through the process specified in this part, notwithstanding any
 1482  other provision of law, either party may bring an action in a
 1483  United States District Court having venue regarding a dispute
 1484  arising under this compact. If the court declines to exercise
 1485  jurisdiction, or federal precedent exists that holds that the
 1486  court would not have jurisdiction over such a dispute, either
 1487  party may bring the action in the appropriate court of the
 1488  Seventeenth Judicial Circuit in Broward County, Florida. The
 1489  parties are entitled to all rights of appeal permitted by law in
 1490  the court system in which the action is brought.
 1491         (4)For purposes of actions based on disputes between the
 1492  state and the Tribe that arise under this compact and the
 1493  enforcement of any judgment resulting from such action, the
 1494  Tribe and the state each expressly waive the right to assert
 1495  sovereign immunity from suit and from enforcement of any ensuing
 1496  judgment, and further consent to be sued in federal or state
 1497  court, including the right of appeal specified above, as the
 1498  case may be, provided that:
 1499         (a)The dispute is limited solely to issues arising under
 1500  this compact.
 1501         (b)There is no claim for monetary damages, except that
 1502  payment of any money required by the terms of this compact, as
 1503  well as injunctive relief or specific performance enforcing a
 1504  provision of this compact requiring the payment of money to the
 1505  state may be sought.
 1506         (c)Nothing herein shall be construed to constitute a
 1507  waiver of the sovereign immunity of the Tribe with respect to
 1508  any third party that is made a party or intervenes as a party to
 1509  the action. In the event that intervention, joinder, or other
 1510  participation by any additional party in any action between the
 1511  state and the Tribe would result in the waiver of the Tribe’s
 1512  sovereign immunity as to that additional party, the waiver of
 1513  the Tribe may be revoked.
 1514         (5)The state may not be precluded from pursuing any
 1515  mediation or judicial remedy against the Tribe on the grounds
 1516  that the state has failed to exhaust its Tribal administrative
 1517  remedies.
 1518         (6)Notwithstanding any other provision of this part, any
 1519  failure of the Tribe to remit the payments pursuant to the terms
 1520  of Part XI entitles the state to seek injunctive relief in
 1521  federal or state court, at the state’s election, to compel the
 1522  payments after the dispute resolution process in subsections (1)
 1523  and (2) is exhausted.
 1524  
 1525                              PART XIV                             
 1526  
 1527         CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
 1528         (1)Each provision of this compact shall stand separate and
 1529  independent of every other provision. In the event that a
 1530  federal district court in Florida or other court of competent
 1531  jurisdiction shall find any provision of this compact to be
 1532  invalid, the remaining provisions shall remain in full force and
 1533  effect, provided that severing the invalidated provision does
 1534  not undermine the overall intent of the parties in entering into
 1535  this compact. However, if subsection (6) of Part III, Part XI,
 1536  or Part XII are held by a court of competent jurisdiction to be
 1537  invalid, this compact will become null and void.
 1538         (2)It is understood that Part XII, which provides for a
 1539  cessation of the payments to the state under Part XI, does not
 1540  create any duty on the state but only a remedy for the Tribe if
 1541  gaming under state jurisdiction is expanded.
 1542         (3)This compact is intended to meet the requirements of
 1543  the Indian Gaming Regulatory Act as it reads on the effective
 1544  date of this compact, and where reference is made to the Indian
 1545  Gaming Regulatory Act, or to an implementing regulation thereof,
 1546  the reference is deemed to have been incorporated into this
 1547  document. Subsequent changes to the Indian Gaming Regulatory Act
 1548  that diminish the rights of the state or Tribe may not be
 1549  applied retroactively to alter the terms of this compact, except
 1550  to the extent that federal law validly mandates that retroactive
 1551  application without the respective consent of the state or the
 1552  Tribe. In the event that a subsequent change in the Indian
 1553  Gaming Regulatory Act, or to an implementing regulation thereof,
 1554  mandates retroactive application without the respective consent
 1555  of the state or the Tribe, the parties agree that this compact
 1556  is voidable by either party if the subsequent change materially
 1557  alters the provisions in the compact relating to the play of
 1558  covered games, revenue sharing payments, suspension or reduction
 1559  of payments, or exclusivity.
 1560         (4)Neither the presence of language that is not included
 1561  in this compact, nor the absence in this compact of language
 1562  that is present in another state-tribal compact shall be a
 1563  factor in construing the terms of this compact.
 1564         (5)The Tribe and the state shall defend the validity of
 1565  this compact.
 1566         (6)The parties shall cooperate in seeking approval of this
 1567  compact from the Secretary of the Department of the Interior.
 1568  
 1569                               PART XV                             
 1570  
 1571         NOTICES.—All notices required under this compact shall be
 1572  given by certified mail, return receipt requested, commercial
 1573  overnight courier service, or personal delivery, to the
 1574  Governor, the President of the Senate, the Speaker of the House
 1575  of Representatives, and the Chairman and General Counsel of the
 1576  Seminole Tribe of Florida.
 1577  
 1578                              PART XVI                             
 1579  
 1580         EFFECTIVE DATE AND TERM.—
 1581         (1)This compact, if identical to the version ratified by
 1582  the Legislature in s. 285.710(3)(c), Florida Statutes, in 2018,
 1583  shall become effective upon its approval as a tribal-state
 1584  compact within the meaning of the Indian Gaming Regulatory Act
 1585  either by action of the Secretary of the Department of the
 1586  Interior or by operation of law under 25 U.S.C. s. 2710(d)(8)
 1587  upon publication of a notice of approval in the Federal Register
 1588  under 25 U.S.C. s. 2710(d)(8)(D).
 1589         (2)This compact shall have a term of twenty-two years
 1590  beginning on the first day of the month following the month in
 1591  which the compact becomes effective under subsection (1).
 1592         (3)The Tribe’s authorization to offer covered games under
 1593  this compact shall automatically terminate twenty-two years
 1594  after the effective date unless renewed by an affirmative act of
 1595  the Legislature.
 1596  
 1597                              PART XVII                            
 1598  
 1599         AMENDMENT OF COMPACT AND REFERENCES.—
 1600         (1)Amendment of this compact may only be made by written
 1601  agreement of the parties, subject to approval by the Secretary
 1602  of the Department of the Interior, either by publication of the
 1603  notice of approval in the Federal Register or by operation of
 1604  law under 25 U.S.C. s. 2710(d)(8).
 1605         (2)Legislative ratification is required for any amendment
 1606  to the compact that alters the provisions relating to covered
 1607  games, the amount of revenue sharing payments, suspension or
 1608  reduction in payments, or exclusivity.
 1609         (3)Changes in the provisions of tribal ordinances,
 1610  regulations, and procedures referenced in this compact may be
 1611  made by the Tribe with 30 days’ advance notice to the state. If
 1612  the state has an objection to any change to the tribal
 1613  ordinance, regulation, or procedure which is the subject of the
 1614  notice on the ground that its adoption would be a violation of
 1615  the Tribe’s obligations under this compact, the state may invoke
 1616  the dispute resolution provisions provided in Part XIII.
 1617  
 1618                             PART XVIII                            
 1619  
 1620         MISCELLANEOUS.—
 1621         (1)Except to the extent expressly provided in this
 1622  compact, this compact is not intended to, and shall not be
 1623  construed to, create any right on the part of a third party to
 1624  bring an action to enforce any of its terms.
 1625         (2)If, after the effective date of this compact, the state
 1626  enters into a compact with any other Tribe that contains more
 1627  favorable terms with respect to the provisions of this Compact
 1628  and the Secretary of the Department of the Interior approves
 1629  such compact, either by publication of the notice of approval in
 1630  the Federal Register or by operation of law under 25 U.S.C. s.
 1631  2710(d)(8), upon tribal notice to the state and the Secretary,
 1632  this compact shall be deemed amended to contain the more
 1633  favorable terms, unless the state objects to the change and can
 1634  demonstrate, in a proceeding commenced under Part XIII, that the
 1635  terms in question are not more favorable.
 1636         (3)Upon the occurrence of certain events beyond the
 1637  Tribe’s control, including acts of God, war, terrorism, fires,
 1638  floods, or accidents causing damage to or destruction of one or
 1639  more of its facilities or property necessary to operate the
 1640  facility or facilities, the Tribe’s obligation to pay the
 1641  guaranteed minimum compact term payment described in Part XI
 1642  shall be reduced pro rata to reflect the percentage of the total
 1643  net win lost to the Tribe from the impacted facility or
 1644  facilities and the net win specified under subsection (2) of
 1645  Part XII for purposes of determining whether the Tribe’s
 1646  payments described in Part XI shall cease, shall be reduced pro
 1647  rata to reflect the percentage of the total net win lost to the
 1648  Tribe from the impacted facility or facilities. The foregoing
 1649  shall not excuse any obligations of the Tribe to make payments
 1650  to the state as and when required hereunder or in any related
 1651  document or agreement.
 1652         (4)The Tribe and the state recognize that opportunities to
 1653  engage in gaming in smoke-free or reduced-smoke environments
 1654  provides both health and other benefits to patrons, and the
 1655  Tribe has instituted a nonsmoking section at its Seminole Hard
 1656  Rock Hotel & Casino-Hollywood Facility. As part of its
 1657  continuing commitment to this issue, the Tribe shall:
 1658         (a)Install and utilize a ventilation system at all new
 1659  construction at its facilities, which system exhausts tobacco
 1660  smoke to the extent reasonably feasible under existing state-of
 1661  the-art technology.
 1662         (b)Designate a smoke-free area for slot machines at all
 1663  new construction at its facilities.
 1664         (c)Install nonsmoking, vented tables for table games
 1665  installed in its facilities sufficient to reasonably respond to
 1666  demand for such tables.
 1667         (d) Designate a nonsmoking area for gaming within all of
 1668  its facilities within five years after the effective date of the
 1669  compact.
 1670         (5)The annual average minimum pay-out of all slot machines
 1671  in each facility may not be less than 85 percent.
 1672         (6)Nothing in this compact shall alter any of the existing
 1673  memoranda of understanding, contracts, or other agreements
 1674  entered into between the Tribe and any other federal, state, or
 1675  local governmental entity.
 1676         (7)The Tribe currently has, as set forth in its Employee
 1677  Fair Treatment and Dispute Resolution Policy, and agrees to
 1678  maintain, standards that are comparable to the standards
 1679  provided in federal laws and state laws forbidding employers
 1680  from discrimination in connection with the employment of persons
 1681  working at the facilities on the basis of race, color, religion,
 1682  national origin, gender, age, disability, or marital status.
 1683  Nothing herein shall preclude the Tribe from giving preference
 1684  in employment, promotion, seniority, lay-offs, or retention to
 1685  members of the Tribe and other federally recognized tribes.
 1686         (8)The Tribe shall, with respect to any facility where
 1687  covered games are played, adopt and comply with tribal
 1688  requirements that meet the same minimum state requirements
 1689  applicable to businesses in the state with respect to
 1690  environmental and building standards.
 1691  
 1692                              PART XIX                             
 1693  
 1694         EXECUTION.—The Governor of the State of Florida affirms
 1695  that he has authority to act for the state in this matter and
 1696  that, provided that this compact is identical to the compact
 1697  ratified by the Legislature pursuant to s. 285.710(3)(c),
 1698  Florida Statutes, no further action by the state or any state
 1699  official is necessary for this compact to take effect upon
 1700  federal approval by action of the Secretary of the Department of
 1701  the Interior or by operation of law under 25 U.S.C. s.
 1702  2710(d)(8) by publication of the notice of approval in the
 1703  Federal Register. The Governor affirms that he will proceed with
 1704  obtaining such federal approval and take all other appropriate
 1705  action to effectuate the purposes and intent of this Compact.
 1706  The undersigned Chairman of the Tribal Council of the Seminole
 1707  Tribe of Florida affirms that he is duly authorized and has the
 1708  authority to execute this Compact on behalf of the Tribe. The
 1709  Chairman also affirms that he will assist in obtaining federal
 1710  approval and take all other appropriate action to effectuate the
 1711  purposes and intent of this Compact.
 1712         Section 2. Subsection (4) of section 285.712, Florida
 1713  Statutes, is amended to read:
 1714         285.712 Tribal-state gaming compacts.—
 1715         (4) Upon execution receipt of an act ratifying a tribal
 1716  state compact entered pursuant to s. 285.710(3)(b), the Governor
 1717  shall provide a copy to the Secretary of State who shall forward
 1718  a copy of the executed compact and the ratifying act to the
 1719  United States Secretary of the Interior for his or her review
 1720  and approval, in accordance with 25 U.S.C. s. 2710(d)(8)
 1721  2710(8)(d).
 1722         Section 3. Section 546.13, Florida Statutes, is created to
 1723  read:
 1724         546.13 Fantasy contests and fantasy contest operators.—
 1725         (1) DEFINITIONS.—As used in this section, the term:
 1726         (a)“Entry fee” means cash or a cash equivalent that is
 1727  required to be paid by a participant in order to participate in
 1728  a fantasy contest.
 1729         (b)“Fantasy contest” means a fantasy or simulated game or
 1730  contest in which:
 1731         1.The value of all prizes and awards offered to winning
 1732  participants is established and made known to the participants
 1733  in advance of the contest and is unrelated to the number of
 1734  participants in the contest;
 1735         2.All winning outcomes reflect the relative knowledge and
 1736  skill of the participants and are determined predominantly by
 1737  accumulated statistical results of the performance of
 1738  individuals, including athletes in the case of sporting events;
 1739         3.No winning outcome is based on the score, point spread,
 1740  or any performance or performances of any single actual team or
 1741  combination of such teams, solely on any single performance of
 1742  an individual athlete or player in any single actual event, or
 1743  on the performances of participants in collegiate, high school,
 1744  or youth sporting events; and
 1745         4. No casino graphics, themes, or titles, including, but
 1746  not limited to, depictions of slot machine-style symbols, cards,
 1747  craps, roulette, or lotto, are displayed or depicted.
 1748         (c)“Fantasy contest operator” means a person or an entity,
 1749  including any employee or agent, that offers or conducts a
 1750  fantasy contest with an entry fee for a cash prize or award and
 1751  that is not a participant in the fantasy contest.
 1752         (2)EXEMPTIONS.—The Department of Business and Professional
 1753  Regulation may not regulate and the offenses established in ss.
 1754  849.01, 849.08, 849.09, 849.11, 849.14, and 849.25 do not
 1755  include or apply to a fantasy contest operated or conducted by
 1756  a:
 1757         (a) Fantasy contest operator.
 1758         (b) Natural person who is a participant in the fantasy
 1759  contest, serves as the commissioner of not more than 10 fantasy
 1760  contests in a calendar year, and distributes all entry fees for
 1761  the fantasy contest as prizes or awards to the participants in
 1762  that fantasy contest.
 1763         Section 4. Subsections (1) and (3) of section 550.01215,
 1764  Florida Statutes, are amended to read:
 1765         550.01215 License application; periods of operation; bond,
 1766  conversion of permit.—
 1767         (1) Each permitholder shall annually, during the period
 1768  between December 15 and January 4, file in writing with the
 1769  division its application for an operating a license to conduct
 1770  pari-mutuel wagering during the next state fiscal year,
 1771  including intertrack and simulcast race wagering for greyhound
 1772  racing permitholders, jai alai permitholders, harness horse
 1773  racing permitholders, and quarter horse racing permitholders
 1774  that do not to conduct live performances during the next state
 1775  fiscal year. Each application for live performances must shall
 1776  specify the number, dates, and starting times of all live
 1777  performances that which the permitholder intends to conduct. It
 1778  must shall also specify which performances will be conducted as
 1779  charity or scholarship performances.
 1780         (a)In addition, Each application for an operating a
 1781  license also must shall include:,
 1782         1. For each permitholder, whether the permitholder intends
 1783  to accept wagers on intertrack or simulcast events.
 1784         2.For each permitholder that elects which elects to
 1785  operate a cardroom, the dates and periods of operation the
 1786  permitholder intends to operate the cardroom. or,
 1787         3. For each thoroughbred racing permitholder that which
 1788  elects to receive or rebroadcast out-of-state races after 7
 1789  p.m., the dates for all performances which the permitholder
 1790  intends to conduct.
 1791         (b)A greyhound racing permitholder that conducted a full
 1792  schedule of live racing for a period of at least 10 consecutive
 1793  state fiscal years after the 1996-1997 state fiscal year, or
 1794  that converted its permit to a permit to conduct greyhound
 1795  racing after the 1996-1997 state fiscal year, irrevocably may
 1796  elect not to conduct live racing if the election is made within
 1797  36 months after the effective date of this act. A greyhound
 1798  racing permitholder that makes such election retains its permit;
 1799  is a pari-mutuel facility as defined in s. 550.002(23); if such
 1800  permitholder has been issued a slot machine license, the
 1801  facility where such permit is located remains an eligible
 1802  facility as defined in s. 551.102(4), continues to be eligible
 1803  for a slot machine license, and is exempt from ss. 551.104(3)
 1804  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1805  required, to be a guest track for purposes of intertrack
 1806  wagering and simulcasting pursuant to ss. 550.3551, 550.615, and
 1807  550.6305; and remains eligible for a cardroom license
 1808  notwithstanding any requirement in s. 849.086 for the conduct of
 1809  live performances. A greyhound racing permitholder may receive
 1810  an operating license to conduct pari-mutuel wagering activities
 1811  at another permitholder’s greyhound racing facility pursuant to
 1812  s. 550.475.
 1813         (c) A jai alai permitholder, harness horse racing
 1814  permitholder or a quarter horse racing permitholder that has
 1815  conducted live racing or games for at least 5 years irrevocably
 1816  may elect not to conduct live racing or games if the election is
 1817  made within 36 months after the effective date of this act. A
 1818  permitholder that makes such election retains its permit; is a
 1819  pari-mutuel facility as defined in s. 550.002(23); if such
 1820  permitholder has been issued a slot machine license, the
 1821  facility where such permit is located remains an eligible
 1822  facility as defined in s. 551.102(4), continues to be eligible
 1823  for a slot machine license, and is exempt from ss. 551.104(3)
 1824  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1825  required, to be a guest track and, if the permitholder is a
 1826  harness horse racing permitholder, to be a host track for
 1827  purposes of intertrack wagering and simulcasting pursuant to ss.
 1828  550.3551, 550.615, 550.625, and 550.6305; and remains eligible
 1829  for a cardroom license notwithstanding any requirement in s.
 1830  849.086 to conduct live performances.
 1831         (d) Permitholders may shall be entitled to amend their
 1832  applications through February 28.
 1833         (3) The division shall issue each license no later than
 1834  March 15. Each permitholder shall operate all performances at
 1835  the date and time specified on its license. The division shall
 1836  have the authority to approve minor changes in racing dates
 1837  after a license has been issued. The division may approve
 1838  changes in racing dates after a license has been issued when
 1839  there is no objection from any operating permitholder located
 1840  within 50 miles of the permitholder requesting the changes in
 1841  operating dates. In the event of an objection, the division
 1842  shall approve or disapprove the change in operating dates based
 1843  upon the impact on operating permitholders located within 50
 1844  miles of the permitholder requesting the change in operating
 1845  dates. In making the determination to change racing dates, the
 1846  division shall take into consideration the impact of such
 1847  changes on state revenues. Notwithstanding any other provision
 1848  of law, and for the 2018-2019 fiscal year only, the division may
 1849  approve changes in racing dates for permitholders if the request
 1850  for such changes is received before May 31, 2018.
 1851         Section 5. Subsections (9), (13), (14), and paragraph (a)
 1852  of subsection (11) of section 550.054, Florida Statutes, are
 1853  amended to read:
 1854         550.054 Application for permit to conduct pari-mutuel
 1855  wagering.—
 1856         (9)(a) After a permit has been granted by the division and
 1857  has been ratified and approved by the majority of the electors
 1858  participating in the election in the county designated in the
 1859  permit, the division shall grant to the lawful permitholder,
 1860  subject to the conditions of this chapter, a license to conduct
 1861  pari-mutuel operations under this chapter, and, except as
 1862  provided in s. 550.5251, the division shall fix annually the
 1863  time, place, and number of days during which pari-mutuel
 1864  operations may be conducted by the permitholder at the location
 1865  fixed in the permit and ratified in the election. After the
 1866  first license has been issued to the holder of a ratified permit
 1867  for racing in any county, all subsequent annual applications for
 1868  a license by that permitholder must be accompanied by proof, in
 1869  such form as the division requires, that the ratified
 1870  permitholder still possesses all the qualifications prescribed
 1871  by this chapter and that the permit has not been recalled at a
 1872  later election held in the county.
 1873         (b) The division may revoke or suspend any permit or
 1874  license issued under this chapter upon a the willful violation
 1875  by the permitholder or licensee of any provision of chapter 551,
 1876  chapter 849, or this chapter or rules of any rule adopted
 1877  pursuant to those chapters. With the exception of the revocation
 1878  of permits required in paragraphs (c) and (e) under this
 1879  chapter. In lieu of suspending or revoking a permit or license,
 1880  the division, in lieu of suspending or revoking a permit or
 1881  license, may impose a civil penalty against the permitholder or
 1882  licensee for a violation of this chapter or rules adopted
 1883  pursuant thereto any rule adopted by the division. The penalty
 1884  so imposed may not exceed $1,000 for each count or separate
 1885  offense. All penalties imposed and collected must be deposited
 1886  with the Chief Financial Officer to the credit of the General
 1887  Revenue Fund.
 1888         (c)1.The division shall revoke the permit of any
 1889  permitholder that fails to make payments due pursuant to chapter
 1890  550, chapter 551, or s. 849.086 for more than 24 consecutive
 1891  months unless such failure was the direct result of fire,
 1892  strike, war, or other disaster or event beyond the
 1893  permitholder’s control. Financial hardship to the permitholder
 1894  does not, in and of itself, constitute just cause for failure to
 1895  make payments.
 1896         2.The division shall revoke the permit of any permitholder
 1897  that has not obtained an operating license in accordance with s.
 1898  550.01215 for a period of more than 24 consecutive months after
 1899  June 30, 2012. The division shall revoke the permit upon
 1900  adequate notice to the permitholder. Financial hardship to the
 1901  permitholder does not, in and of itself, constitute just cause
 1902  for failure to operate.
 1903         (d)A new permit to conduct pari-mutuel wagering may not be
 1904  approved or issued after January 1, 2018.
 1905         (e)A permit revoked under this subsection is void and may
 1906  not be reissued.
 1907         (11)(a) A permit granted under this chapter may not be
 1908  transferred or assigned except upon written approval by the
 1909  division pursuant to s. 550.1815, except that the holder of any
 1910  permit that has been converted to a jai alai permit may lease or
 1911  build anywhere within the county in which its permit is located.
 1912         (13)(a) Notwithstanding any provisions of this chapter or
 1913  chapter 551, a pari-mutuel no thoroughbred horse racing permit
 1914  or license issued under this chapter may not shall be
 1915  transferred, or reissued when such reissuance is in the nature
 1916  of a transfer so as to permit or authorize a licensee to change
 1917  the location of a pari-mutuel facility, or a cardroom or slot
 1918  machine facility, except through the relocation of the pari
 1919  mutuel permit pursuant to s. 550.0555 thoroughbred horse
 1920  racetrack except upon proof in such form as the division may
 1921  prescribe that a referendum election has been held:
 1922         1.If the proposed new location is within the same county
 1923  as the already licensed location, in the county where the
 1924  licensee desires to conduct the race meeting and that a majority
 1925  of the electors voting on that question in such election voted
 1926  in favor of the transfer of such license.
 1927         2.If the proposed new location is not within the same
 1928  county as the already licensed location, in the county where the
 1929  licensee desires to conduct the race meeting and in the county
 1930  where the licensee is already licensed to conduct the race
 1931  meeting and that a majority of the electors voting on that
 1932  question in each such election voted in favor of the transfer of
 1933  such license.
 1934         (b)Each referendum held under the provisions of this
 1935  subsection shall be held in accordance with the electoral
 1936  procedures for ratification of permits, as provided in s.
 1937  550.0651. The expense of each such referendum shall be borne by
 1938  the licensee requesting the transfer.
 1939         (14)(a)Notwithstanding any other provision of law, a pari
 1940  mutuel permit, cardroom, or slot machine facility may not be
 1941  relocated, and a pari-mutuel permit may not be converted to
 1942  another class of permit. Any holder of a permit to conduct jai
 1943  alai may apply to the division to convert such permit to a
 1944  permit to conduct greyhound racing in lieu of jai alai if:
 1945         1.Such permit is located in a county in which the division
 1946  has issued only two pari-mutuel permits pursuant to this
 1947  section;
 1948         2.Such permit was not previously converted from any other
 1949  class of permit; and
 1950         3.The holder of the permit has not conducted jai alai
 1951  games during a period of 10 years immediately preceding his or
 1952  her application for conversion under this subsection.
 1953         (b)The division, upon application from the holder of a jai
 1954  alai permit meeting all conditions of this section, shall
 1955  convert the permit and shall issue to the permitholder a permit
 1956  to conduct greyhound racing. A permitholder of a permit
 1957  converted under this section shall be required to apply for and
 1958  conduct a full schedule of live racing each fiscal year to be
 1959  eligible for any tax credit provided by this chapter. The holder
 1960  of a permit converted pursuant to this subsection or any holder
 1961  of a permit to conduct greyhound racing located in a county in
 1962  which it is the only permit issued pursuant to this section who
 1963  operates at a leased facility pursuant to s. 550.475 may move
 1964  the location for which the permit has been issued to another
 1965  location within a 30-mile radius of the location fixed in the
 1966  permit issued in that county, provided the move does not cross
 1967  the county boundary and such location is approved under the
 1968  zoning regulations of the county or municipality in which the
 1969  permit is located, and upon such relocation may use the permit
 1970  for the conduct of pari-mutuel wagering and the operation of a
 1971  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1972  apply to any permit converted under this subsection and shall
 1973  continue to apply to any permit which was previously included
 1974  under and subject to such provisions before a conversion
 1975  pursuant to this section occurred.
 1976         Section 6. Section 550.0745, Florida Statutes, is repealed.
 1977         Section 7. Subsection (3) of section 550.09512, Florida
 1978  Statutes, is amended to read:
 1979         550.09512 Harness horse taxes; abandoned interest in a
 1980  permit for nonpayment of taxes.—
 1981         (3)(a) The division shall revoke the permit of a harness
 1982  horse racing permitholder who does not pay tax on handle for
 1983  live harness horse performances for a full schedule of live
 1984  races for more than 24 consecutive months during any 2
 1985  consecutive state fiscal years shall be void and shall escheat
 1986  to and become the property of the state unless such failure to
 1987  operate and pay tax on handle was the direct result of fire,
 1988  strike, war, or other disaster or event beyond the ability of
 1989  the permitholder to control. Financial hardship to the
 1990  permitholder does shall not, in and of itself, constitute just
 1991  cause for failure to operate and pay tax on handle. A permit
 1992  revoked under this subsection is void and may not be reissued.
 1993         (b)In order to maximize the tax revenues to the state, the
 1994  division shall reissue an escheated harness horse permit to a
 1995  qualified applicant pursuant to the provisions of this chapter
 1996  as for the issuance of an initial permit. However, the
 1997  provisions of this chapter relating to referendum requirements
 1998  for a pari-mutuel permit shall not apply to the reissuance of an
 1999  escheated harness horse permit. As specified in the application
 2000  and upon approval by the division of an application for the
 2001  permit, the new permitholder shall be authorized to operate a
 2002  harness horse facility anywhere in the same county in which the
 2003  escheated permit was authorized to be operated, notwithstanding
 2004  the provisions of s. 550.054(2) relating to mileage limitations.
 2005         Section 8. Subsections (3) and (7) of section 550.09515,
 2006  Florida Statutes, are amended to read:
 2007         550.09515 Thoroughbred horse taxes; abandoned interest in a
 2008  permit for nonpayment of taxes.—
 2009         (3)(a) The division shall revoke the permit of a
 2010  thoroughbred racing horse permitholder that who does not pay tax
 2011  on handle for live thoroughbred horse performances for a full
 2012  schedule of live races for more than 24 consecutive months
 2013  during any 2 consecutive state fiscal years shall be void and
 2014  shall escheat to and become the property of the state unless
 2015  such failure to operate and pay tax on handle was the direct
 2016  result of fire, strike, war, or other disaster or event beyond
 2017  the ability of the permitholder to control. Financial hardship
 2018  to the permitholder does shall not, in and of itself, constitute
 2019  just cause for failure to operate and pay tax on handle. A
 2020  permit revoked under this subsection is void and may not be
 2021  reissued.
 2022         (b)In order to maximize the tax revenues to the state, the
 2023  division shall reissue an escheated thoroughbred horse permit to
 2024  a qualified applicant pursuant to the provisions of this chapter
 2025  as for the issuance of an initial permit. However, the
 2026  provisions of this chapter relating to referendum requirements
 2027  for a pari-mutuel permit shall not apply to the reissuance of an
 2028  escheated thoroughbred horse permit. As specified in the
 2029  application and upon approval by the division of an application
 2030  for the permit, the new permitholder shall be authorized to
 2031  operate a thoroughbred horse facility anywhere in the same
 2032  county in which the escheated permit was authorized to be
 2033  operated, notwithstanding the provisions of s. 550.054(2)
 2034  relating to mileage limitations.
 2035         (7)If a thoroughbred permitholder fails to operate all
 2036  performances on its 2001-2002 license, failure to pay tax on
 2037  handle for a full schedule of live races for those performances
 2038  in the 2001-2002 fiscal year does not constitute failure to pay
 2039  taxes on handle for a full schedule of live races in a fiscal
 2040  year for the purposes of subsection (3). This subsection may not
 2041  be construed as forgiving a thoroughbred permitholder from
 2042  paying taxes on performances conducted at its facility pursuant
 2043  to its 2001-2002 license other than for failure to operate all
 2044  performances on its 2001-2002 license. This subsection expires
 2045  July 1, 2003.
 2046         Section 9. Section 550.3345, Florida Statutes, is amended
 2047  to read:
 2048         550.3345 Conversion of quarter horse permit to a Limited
 2049  thoroughbred racing permit.—
 2050         (1) In recognition of the important and long-standing
 2051  economic contribution of the thoroughbred horse breeding
 2052  industry to this state and the state’s vested interest in
 2053  promoting the continued viability of this agricultural activity,
 2054  the state intends to provide a limited opportunity for the
 2055  conduct of live thoroughbred horse racing with the net revenues
 2056  from such racing dedicated to the enhancement of thoroughbred
 2057  purses and breeders’, stallion, and special racing awards under
 2058  this chapter; the general promotion of the thoroughbred horse
 2059  breeding industry; and the care in this state of thoroughbred
 2060  horses retired from racing.
 2061         (2) A limited thoroughbred racing permit previously
 2062  converted from Notwithstanding any other provision of law, the
 2063  holder of a quarter horse racing permit pursuant to chapter
 2064  2010-29, Laws of Florida, issued under s. 550.334 may only be
 2065  held by, within 1 year after the effective date of this section,
 2066  apply to the division for a transfer of the quarter horse racing
 2067  permit to a not-for-profit corporation formed under state law to
 2068  serve the purposes of the state as provided in subsection (1).
 2069  The board of directors of the not-for-profit corporation must be
 2070  composed comprised of 11 members, 4 of whom shall be designated
 2071  by the applicant, 4 of whom shall be designated by the Florida
 2072  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2073  designated by the other 8 directors, with at least 1 of these 3
 2074  members being an authorized representative of another
 2075  thoroughbred racing permitholder in this state. A limited
 2076  thoroughbred racing The not-for-profit corporation shall submit
 2077  an application to the division for review and approval of the
 2078  transfer in accordance with s. 550.054. Upon approval of the
 2079  transfer by the division, and notwithstanding any other
 2080  provision of law to the contrary, the not-for-profit corporation
 2081  may, within 1 year after its receipt of the permit, request that
 2082  the division convert the quarter horse racing permit to a permit
 2083  authorizing the holder to conduct pari-mutuel wagering meets of
 2084  thoroughbred racing. Neither the transfer of the quarter horse
 2085  racing permit nor its conversion to a limited thoroughbred
 2086  permit shall be subject to the mileage limitation or the
 2087  ratification election as set forth under s. 550.054(2) or s.
 2088  550.0651. Upon receipt of the request for such conversion, the
 2089  division shall timely issue a converted permit. The converted
 2090  permit and the not-for-profit corporation are shall be subject
 2091  to the following requirements:
 2092         (a) All net revenues derived by the not-for-profit
 2093  corporation under the thoroughbred horse racing permit, after
 2094  the funding of operating expenses and capital improvements,
 2095  shall be dedicated to the enhancement of thoroughbred purses and
 2096  breeders’, stallion, and special racing awards under this
 2097  chapter; the general promotion of the thoroughbred horse
 2098  breeding industry; and the care in this state of thoroughbred
 2099  horses retired from racing.
 2100         (b) From December 1 through April 30, no live thoroughbred
 2101  racing may not be conducted under the permit on any day during
 2102  which another thoroughbred racing permitholder is conducting
 2103  live thoroughbred racing within 125 air miles of the not-for
 2104  profit corporation’s pari-mutuel facility unless the other
 2105  thoroughbred racing permitholder gives its written consent.
 2106         (c) After the conversion of the quarter horse racing permit
 2107  and the issuance of its initial license to conduct pari-mutuel
 2108  wagering meets of thoroughbred racing, the not-for-profit
 2109  corporation shall annually apply to the division for a license
 2110  pursuant to s. 550.5251.
 2111         (d) Racing under the permit may take place only at the
 2112  location for which the original quarter horse racing permit was
 2113  issued, which may be leased by the not-for-profit corporation
 2114  for that purpose; however, the not-for-profit corporation may,
 2115  without the conduct of any ratification election pursuant to s.
 2116  550.054(13) or s. 550.0651, move the location of the permit to
 2117  another location in the same county provided that such
 2118  relocation is approved under the zoning and land use regulations
 2119  of the applicable county or municipality.
 2120         (e) A limited thoroughbred racing No permit may not be
 2121  transferred converted under this section is eligible for
 2122  transfer to another person or entity.
 2123         (3) Unless otherwise provided in this section, after
 2124  conversion, the permit and the not-for-profit corporation shall
 2125  be treated under the laws of this state as a thoroughbred racing
 2126  permit and as a thoroughbred racing permitholder, respectively,
 2127  with the exception of ss. 550.054(9)(c) and 550.09515(3) s.
 2128  550.09515(3).
 2129         Section 10. Subsections (1), (4), and (5) of section
 2130  550.6308, Florida Statutes, are amended to read:
 2131         550.6308 Limited intertrack wagering license.—In
 2132  recognition of the economic importance of the thoroughbred
 2133  breeding industry to this state, its positive impact on tourism,
 2134  and of the importance of a permanent thoroughbred sales facility
 2135  as a key focal point for the activities of the industry, a
 2136  limited license to conduct intertrack wagering is established to
 2137  ensure the continued viability and public interest in
 2138  thoroughbred breeding in Florida.
 2139         (1) Upon application to the division on or before January
 2140  31 of each year, any person that is licensed to conduct public
 2141  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 2142  conducted at least 8 15 days of thoroughbred horse sales at a
 2143  permanent sales facility in this state for at least 3
 2144  consecutive years, and that has conducted at least 1 day of
 2145  nonwagering thoroughbred racing in this state, with a purse
 2146  structure of at least $250,000 per year for 2 consecutive years
 2147  before such application, shall be issued a license, subject to
 2148  the conditions set forth in this section, to conduct intertrack
 2149  wagering at such a permanent sales facility during the following
 2150  periods:
 2151         (a) Up to 21 days in connection with thoroughbred sales;
 2152         (b) Between November 1 and May 8;
 2153         (c) Between May 9 and October 31 at such times and on such
 2154  days as any thoroughbred, jai alai, or a greyhound permitholder
 2155  in the same county is not conducting live performances; provided
 2156  that any such permitholder may waive this requirement, in whole
 2157  or in part, and allow the licensee under this section to conduct
 2158  intertrack wagering during one or more of the permitholder’s
 2159  live performances; and
 2160         (d) During the weekend of the Kentucky Derby, the
 2161  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2162  conducted before November 1 and after May 8.
 2163  
 2164  Only No more than one such license may be issued, and no such
 2165  license may be issued for a facility located within 50 miles of
 2166  any for-profit thoroughbred permitholder’s track.
 2167         (4) Intertrack wagering under this section may be conducted
 2168  only on thoroughbred horse racing, except that intertrack
 2169  wagering may be conducted on any class of pari-mutuel race or
 2170  game conducted by any class of permitholders licensed under this
 2171  chapter if all thoroughbred, jai alai, and greyhound
 2172  permitholders in the same county as the licensee under this
 2173  section give their consent.
 2174         (4)(5) The licensee shall be considered a guest track under
 2175  this chapter. The licensee shall pay 2.5 percent of the total
 2176  contributions to the daily pari-mutuel pool on wagers accepted
 2177  at the licensee’s facility on greyhound races or jai alai games
 2178  to the thoroughbred permitholder that is conducting live races
 2179  for purses to be paid during its current racing meet. If more
 2180  than one thoroughbred permitholder is conducting live races on a
 2181  day during which the licensee is conducting intertrack wagering
 2182  on greyhound races or jai alai games, the licensee shall
 2183  allocate these funds between the operating thoroughbred
 2184  permitholders on a pro rata basis based on the total live handle
 2185  at the operating permitholders’ facilities.
 2186         Section 11. Subsections (4), (10), and (11) of section
 2187  551.102, Florida Statutes, are amended to read:
 2188         551.102 Definitions.—As used in this chapter, the term:
 2189         (4) “Eligible facility” means any licensed pari-mutuel
 2190  facility located in Miami-Dade County or Broward County existing
 2191  at the time of adoption of s. 23, Art. X of the State
 2192  Constitution that has conducted live racing or games during
 2193  calendar years 2002 and 2003 and has been approved by a majority
 2194  of voters in a countywide referendum to have slot machines at
 2195  such facility in the respective county; any licensed pari-mutuel
 2196  facility located within a county as defined in s. 125.011,
 2197  provided such facility has conducted live racing for 2
 2198  consecutive calendar years immediately preceding its application
 2199  for a slot machine license, pays the required license fee, and
 2200  meets the other requirements of this chapter; or any licensed
 2201  pari-mutuel facility in any other county in which a majority of
 2202  voters have approved slot machines at such facilities in a
 2203  countywide referendum held pursuant to a statutory or
 2204  constitutional authorization after the effective date of this
 2205  section in the respective county, provided such facility has
 2206  conducted a full schedule of live racing for 2 consecutive
 2207  calendar years immediately preceding its application for a slot
 2208  machine license, pays the required licensed fee, and meets the
 2209  other requirements of this chapter.
 2210         (10) “Slot machine license” means a license issued by the
 2211  division authorizing a pari-mutuel permitholder to place and
 2212  operate slot machines as provided in by s. 23, Art. X of the
 2213  State Constitution, the provisions of this chapter, and by
 2214  division rule rules.
 2215         (11) “Slot machine licensee” means a pari-mutuel
 2216  permitholder which who holds a license issued by the division
 2217  pursuant to this chapter which that authorizes such person to
 2218  possess a slot machine within facilities specified in s. 23,
 2219  Art. X of the State Constitution and allows slot machine gaming.
 2220         Section 12. Subsections (1) and (2) and paragraph (c) of
 2221  subsection (4) of section 551.104, Florida Statutes, are amended
 2222  to read:
 2223         551.104 License to conduct slot machine gaming.—
 2224         (1) Upon application, and a finding by the division after
 2225  investigation that the application is complete and that the
 2226  applicant is qualified, and payment of the initial license fee,
 2227  the division may issue a license to conduct slot machine gaming
 2228  in the designated slot machine gaming area of the eligible
 2229  facility. Once licensed, slot machine gaming may be conducted
 2230  subject to the requirements of this chapter and rules adopted
 2231  pursuant thereto. The division may not issue a slot machine
 2232  license to any pari-mutuel permitholder that includes, or
 2233  previously included within its ownership group, an ultimate
 2234  equitable owner that was also an ultimate equitable owner of a
 2235  pari-mutuel permitholder whose permit was voluntarily or
 2236  involuntarily surrendered, suspended, or revoked by the division
 2237  within 10 years before the date of the permitholder’s filing of
 2238  an application for a slot machine license.
 2239         (2) An application may be approved by the division only
 2240  after:
 2241         (a) The voters of the county where the applicant’s facility
 2242  is located have authorized by referendum slot machines within
 2243  pari-mutuel facilities located in: that county as specified in
 2244  s. 23, Art. X of the State Constitution
 2245         1. Miami-Dade County or Broward County existing at the time
 2246  of adoption of s. 23, Art. X of the State Constitution which
 2247  conducted live racing or games during calendar years 2002 and
 2248  2003, if such permitholder pays the required license fee and
 2249  meets the other requirements of this chapter.
 2250         2. A county as defined in s. 125.011, provided such
 2251  facility has conducted live racing for 2 consecutive calendar
 2252  years immediately preceding its application for a slot machine
 2253  license, pays the required license fee, and meets the other
 2254  requirements of this chapter.
 2255         3. Any other county, provided:
 2256         a. Such facility has conducted a full schedule of live
 2257  racing or games, as defined in s. 550.002(11), for 2 consecutive
 2258  calendar years immediately preceding its application for a slot
 2259  machine license, pays the required license fee, and meets the
 2260  other requirements of this chapter, and such referendum was
 2261  conducted after January 1, 2012, and on or before September 1,
 2262  2018; or
 2263         b. Such facility is located on or contiguous with property
 2264  of the qualified project of a public-private partnership between
 2265  the permitholder and a responsible public entity in accordance
 2266  with s. 255.065 and for which a comprehensive agreement has been
 2267  executed pursuant to s. 255.065 (7), has conducted a full
 2268  schedule of live racing or games, as defined in s. 550.002(11),
 2269  for 2 consecutive calendar years immediately preceding its
 2270  application, pays the required license fee and meets the other
 2271  requirements of this chapter, and such referendum is conducted
 2272  after the effective date of this act and on or before September
 2273  1, 2018.
 2274         (b) The applicant, for a facility described in subparagraph
 2275  (a)3., irrevocably surrenders to the division one greyhound
 2276  racing permit or one jai alai permit issued pursuant to chapter
 2277  550 and, after surrendering such permit, continues to hold the
 2278  permit authorizing pari-mutuel wagering activities at the
 2279  location at which the applicant intends to operate slot machine
 2280  gaming. For a permit to be qualified for surrender by an
 2281  applicant under this paragraph, the holder of such greyhound
 2282  racing permit or jai alai permit, including any previous owner
 2283  of such permit, must have conducted a full schedule of live
 2284  racing or games, as defined in s. 550.002(11), under such permit
 2285  for not less than the 5 state fiscal years immediately prior to
 2286  state fiscal year 2018-2019. Upon the surrender of such
 2287  greyhound racing permit or jai alai permit, the surrendered
 2288  permit is void and may not be reissued.
 2289         (4) As a condition of licensure and to maintain continued
 2290  authority for the conduct of slot machine gaming, a the slot
 2291  machine licensee shall:
 2292         (c)1. Conduct no less fewer than a full schedule of live
 2293  racing or games as defined in s. 550.002(11), unless conducting
 2294  less than a full schedule of live racing or games pursuant to s.
 2295  550.01215(1)(b) or (c). A permitholder’s responsibility to
 2296  conduct a full schedule such number of live races or games, as
 2297  defined in s. 550.002(11), shall be reduced by the number of
 2298  races or games that could not be conducted due to the direct
 2299  result of fire, war, hurricane, or other disaster or event
 2300  beyond the control of the permitholder. A permitholder may
 2301  conduct live races or games at another pari-mutuel facility
 2302  pursuant to s. 550.475 if such permitholder has operated its
 2303  live races or games by lease for at least 5 consecutive years
 2304  immediately prior to the permitholder’s application for a slot
 2305  machine license.
 2306         2.a. If not licensed to conduct a full schedule of live
 2307  racing or games, as defined in s. 550.002(11), pursuant to s.
 2308  550.01215(1)(b) or (c), remit each month to each qualified
 2309  thoroughbred permitholder, by electronic funds transfer, an
 2310  amount equal to one-twelfth of the lesser of $1.5 million or
 2311  2.75 percent of its slot machine revenues from the previous
 2312  state fiscal year, divided by the total number of qualified
 2313  thoroughbred permitholders for the applicable state fiscal year.
 2314  Qualified thoroughbred permitholders shall use such payments
 2315  exclusively for purses and awards for live thoroughbred horse
 2316  races held at the qualified thoroughbred permitholder’s racing
 2317  facility. For the purposes of this subparagraph, the term
 2318  “qualified thoroughbred permitholder” means a thoroughbred
 2319  permitholder conducting, in the applicable state fiscal year, no
 2320  less than a full schedule of live racing or games, as defined in
 2321  s. 550.002(11), and no fewer live thoroughbred horse racing
 2322  performances than such permitholder conducted in state fiscal
 2323  year 2017-2018. The term does not include a permitholder whose
 2324  permit was issued pursuant to s. 550.3345 or a permitholder
 2325  leasing at another thoroughbred permitholder’s facility pursuant
 2326  to s. 550.475.
 2327         b.The division shall notify each slot machine licensee
 2328  required to remit such payments, not later than 15 days after
 2329  issuing the slot machine license, of the qualified thoroughbred
 2330  permitholders to which such payments must be paid. Each
 2331  qualified thoroughbred permitholder shall provide each slot
 2332  machine licensee required to remit payments pursuant to this
 2333  subparagraph with written instructions for transmitting such
 2334  electronic payments. Such payments shall be remitted to each
 2335  qualified thoroughbred permitholder on the fifth day of each
 2336  calendar month. If the fifth day of the calendar month falls on
 2337  a weekend, such payment shall be remitted on the first Monday
 2338  following the weekend.
 2339         c. A qualified thoroughbred permitholder receiving funds
 2340  under this subparagraph shall remit, within 10 days after
 2341  receipt, 10 percent of those funds to the Florida Thoroughbred
 2342  Breeders’ Association, Inc., for the payment of breeders’,
 2343  stallion, and special racing awards, subject to the fee
 2344  authorized in s. 550.2625(3).
 2345         Section 13. Subsections (3) and (5) of section 551.106,
 2346  Florida Statutes, are redesignated as subsections (4) and (6),
 2347  respectively, a new subsection (3) is added to that section, and
 2348  subsections (1), (2), and present subsection (4) of that section
 2349  are amended, to read:
 2350         551.106 License fee; tax rate; penalties.—
 2351         (1) LICENSE FEE.—
 2352         (a) Upon submission of the initial application for a slot
 2353  machine license, and annually thereafter, on the anniversary
 2354  date of the issuance of the initial license, the licensee must
 2355  pay to the division a nonrefundable license fee of $3 million
 2356  for the succeeding 12 months of licensure. In the 2010-2011
 2357  fiscal year, the licensee must pay the division a nonrefundable
 2358  license fee of $2.5 million for the succeeding 12 months of
 2359  licensure. In the 2011-2012 fiscal year and for every fiscal
 2360  year thereafter, the licensee must pay the division a
 2361  nonrefundable license fee of $2 million for the succeeding 12
 2362  months of licensure. The license fee must shall be deposited
 2363  into the Pari-mutuel Wagering Trust Fund of the Department of
 2364  Business and Professional Regulation to be used by the division
 2365  and the Department of Law Enforcement for investigations,
 2366  regulation of slot machine gaming, and enforcement of slot
 2367  machine gaming provisions under this chapter. These payments
 2368  must shall be accounted for separately from taxes or fees paid
 2369  pursuant to the provisions of chapter 550.
 2370         (b) Prior to January 1, 2007, the division shall evaluate
 2371  the license fee and shall make recommendations to the President
 2372  of the Senate and the Speaker of the House of Representatives
 2373  regarding the optimum level of slot machine license fees in
 2374  order to adequately support the slot machine regulatory program.
 2375         (2) TAX ON SLOT MACHINE REVENUES.—
 2376         (a)1. The tax rate on slot machine revenues at each
 2377  facility is shall be 35 percent. Effective January 1, 2019, the
 2378  tax rate on slot machine revenues at each facility is 30
 2379  percent. Effective July 1, 2020, the tax rate on slot machine
 2380  revenues at each facility is 25 percent.
 2381         2.a. If, during any state fiscal year, the aggregate amount
 2382  of tax paid to the state by all slot machine licensees in
 2383  Broward and Miami-Dade Counties is less than the aggregate
 2384  amount of tax paid to the state by all slot machine licensees in
 2385  those counties in the 2017-2018 2008-2009 fiscal year, each slot
 2386  machine licensee shall pay to the state within 45 days after the
 2387  end of the state fiscal year a surcharge equal to its pro rata
 2388  share of an amount equal to the difference between the aggregate
 2389  amount of tax paid to the state by all slot machine licensees in
 2390  the 2008-2009 fiscal year and the amount of tax paid during the
 2391  fiscal year.
 2392         b. The amount of the surcharge to be paid by each such
 2393  licensee must be calculated by dividing the aggregate amount of
 2394  slot machine taxes paid to the state by all such slot machine
 2395  licensees in the 2017-2018 fiscal year by the aggregate amount
 2396  of slot machine taxes paid by all such licensees during the
 2397  applicable state fiscal year, multiplying the result by the
 2398  amount of slot machine taxes paid by the licensee during the
 2399  applicable state fiscal year, and then subtracting from that
 2400  product the amount of slot machine taxes paid by the licensee
 2401  during the applicable state fiscal year. However, the sum of the
 2402  taxes paid by a licensee pursuant to subparagraph 1. and any
 2403  surcharge due from the licensee may not exceed 35 percent of the
 2404  slot machine revenue of that licensee in the applicable state
 2405  fiscal year Each licensee’s pro rata share shall be an amount
 2406  determined by dividing the number 1 by the number of facilities
 2407  licensed to operate slot machines during the applicable fiscal
 2408  year, regardless of whether the facility is operating such
 2409  machines.
 2410         (b) The slot machine revenue tax imposed by this section on
 2411  facilities licensed pursuant to s. 551.104(2)(a)1., 2., or 3.a.
 2412  must shall be paid to the division for deposit into the Pari
 2413  mutuel Wagering Trust Fund for immediate transfer by the Chief
 2414  Financial Officer for deposit into the Educational Enhancement
 2415  Trust Fund of the Department of Education. Any interest earnings
 2416  on the tax revenues must shall also be transferred to the
 2417  Educational Enhancement Trust Fund. The slot machine revenue tax
 2418  imposed by this section on facilities licensed pursuant to s.
 2419  551.104(2)(a)3.b. must be paid to the division for deposit into
 2420  the Pari-mutuel Wagering Trust Fund. The division must transfer
 2421  90 percent of such funds to be deposited by the Chief Financial
 2422  Officer into the Educational Enhancement Trust Fund of the
 2423  Department of Education and must transfer 10 percent of such
 2424  funds to the responsible public entity for the public-private
 2425  partnership of the slot machine licensee pursuant to ss.
 2426  551.104(2)(a)3.b. and 255.065.
 2427         (c)1. Funds transferred to the Educational Enhancement
 2428  Trust Fund under paragraph (b) must shall be used to supplement
 2429  public education funding statewide. Funds transferred to a
 2430  responsible public entity pursuant to paragraph (b) must be used
 2431  in accordance with s. 255.065 to finance the qualifying project
 2432  of such entity and the slot machine licensee, which established
 2433  the licensee’s eligibility for initial licensure pursuant to s.
 2434  551.104(2)(a)3.b.
 2435         2. If necessary to comply with any covenant established
 2436  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2437  funds transferred to the Educational Enhancement Trust Fund
 2438  under paragraph (b) must shall first be available to pay debt
 2439  service on lottery bonds issued to fund school construction in
 2440  the event lottery revenues are insufficient for such purpose or
 2441  to satisfy debt service reserve requirements established in
 2442  connection with lottery bonds. Moneys available pursuant to this
 2443  subparagraph are subject to annual appropriation by the
 2444  Legislature.
 2445         (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
 2446         (a) If a permitholder located within a county that has
 2447  conducted a successful slot machine referendum after January 1,
 2448  2012, does not pay at least $10 million in total slot machine
 2449  taxes and license fees to the state in state fiscal year 2018
 2450  2019, the permitholder shall pay to the state within 45 days
 2451  after the end of the state fiscal year a surcharge equal to the
 2452  difference between the aggregate amount of slot machine taxes
 2453  and license fees paid to the state in the fiscal year and $10
 2454  million, regardless of whether the permitholder or licensee
 2455  operated slot machines during the fiscal year.
 2456         (b) If a permitholder located within a county that has
 2457  conducted a successful slot machine referendum after January 1,
 2458  2012, does not pay at least $20 million in total slot machine
 2459  taxes and license fees to the state in state fiscal year 2019
 2460  2020 and any subsequent state fiscal year, the permitholder
 2461  shall pay to the state within 45 days after the end of the state
 2462  fiscal year a surcharge equal to the difference between the
 2463  aggregate amount of slot machine taxes and license fees paid to
 2464  the state in the fiscal year and $20 million, regardless of
 2465  whether the permitholder or licensee operated slot machines
 2466  during the fiscal year.
 2467         (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 2468  fails to make tax and any applicable surcharge payments as
 2469  required under this section is subject to an administrative
 2470  penalty of up to $10,000 for each day the tax payment is not
 2471  remitted. All administrative penalties imposed and collected
 2472  must shall be deposited into the Pari-mutuel Wagering Trust Fund
 2473  of the Department of Business and Professional Regulation. If
 2474  any slot machine licensee fails to pay penalties imposed by
 2475  order of the division under this subsection, the division may
 2476  deny, suspend, revoke, or refuse to renew the license of the
 2477  permitholder or slot machine licensee.
 2478         Section 14. Subsections (1), (2), and (4) of section
 2479  551.114, Florida Statutes, are amended to read:
 2480         551.114 Slot machine gaming areas.—
 2481         (1)(a) A slot machine licensee whose initial license was
 2482  issued before January 1, 2018, may make available for play up
 2483  to:
 2484         1. 1,600 2,000 slot machines within the property of the
 2485  facilities of the slot machine licensee, if the licensee made
 2486  available for play 1,250 or more slot machines during state
 2487  fiscal year 2016-2017.
 2488         2. 1,200 slot machines within the property of the
 2489  facilities of the slot machine licensee, if the licensee made
 2490  available for play 1,000 or more slot machines, but less than
 2491  1,250 slot machines, during state fiscal year 2016-2017.
 2492         3. 1,000 slot machines within the property of the
 2493  facilities of the slot machine licensee, if the licensee made
 2494  available for play less than 1,000 slot machines during state
 2495  fiscal year 2016-2017.
 2496         (b)1. A slot machine licensee whose initial license was
 2497  issued on or after January 1, 2018, may make available for play
 2498  up to 750 slot machines within the property of the facilities of
 2499  the slot machine licensee; provided however, the total number of
 2500  slot machines which may be made available for play by all slot
 2501  machine licensees whose initial license was issued after January
 2502  1, 2018, may not exceed 6,000 slot machines.
 2503         2. If the total number of slot machines which all licensees
 2504  whose initial license was issued on or after January 1, 2018,
 2505  would exceed 6,000 slot machines if each such licensee were to
 2506  operate 750 slot machines, the maximum number of slot machines
 2507  each such licensee may make available for play may not exceed
 2508  6,000 divided by the number of licensees whose initial license
 2509  was issued after January 1, 2018.
 2510         (2) If such races or games are available to the slot
 2511  machine licensee, the slot machine licensee shall display pari
 2512  mutuel races or games within the designated slot machine gaming
 2513  areas and offer patrons within the designated slot machine
 2514  gaming areas the ability to engage in pari-mutuel wagering on
 2515  any live, intertrack, and simulcast races conducted or offered
 2516  to patrons of the licensed facility.
 2517         (4) Designated slot machine gaming areas shall may be
 2518  located anywhere within the property described in a slot machine
 2519  licensee’s pari-mutuel permit within the current live gaming
 2520  facility or in an existing building that must be contiguous and
 2521  connected to the live gaming facility. If a designated slot
 2522  machine gaming area is to be located in a building that is to be
 2523  constructed, that new building must be contiguous and connected
 2524  to the live gaming facility.
 2525         Section 15. Section 551.116, Florida Statutes, is amended
 2526  to read:
 2527         551.116 Days and hours of operation.—Slot machine gaming
 2528  areas may be open 24 hours per day, 7 days a week daily
 2529  throughout the year. The slot machine gaming areas may be open a
 2530  cumulative amount of 18 hours per day on Monday through Friday
 2531  and 24 hours per day on Saturday and Sunday and on those
 2532  holidays specified in s. 110.117(1).
 2533         Section 16. Present subsections (9) through (17) of section
 2534  849.086, Florida Statutes, are redesignated as subsections (10)
 2535  through (18), respectively, a new subsection (9) is added to
 2536  that section, subsections (1) and (2) of that section are
 2537  amended, paragraph (g) is added to subsection (4) of that
 2538  section, and paragraph (b) of subsection (5), paragraphs (a),
 2539  (b), and (c) of subsection (7), paragraph (a) of subsection (8),
 2540  present subsection (12), and paragraphs (d) and (h) of present
 2541  subsection (13) are amended, to read:
 2542         849.086 Cardrooms authorized.—
 2543         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2544  to provide additional entertainment choices for the residents of
 2545  and visitors to the state, promote tourism in the state, provide
 2546  revenues to support the continuation of live pari-mutuel
 2547  activity, and provide additional state revenues through the
 2548  authorization of the playing of certain games in the state at
 2549  facilities known as cardrooms which are to be located at
 2550  licensed pari-mutuel facilities. To ensure the public confidence
 2551  in the integrity of authorized cardroom operations, this act is
 2552  designed to strictly regulate the facilities, persons, and
 2553  procedures related to cardroom operations. Furthermore, the
 2554  Legislature finds that authorized games of poker and dominoes as
 2555  herein defined are considered to be pari-mutuel style games and
 2556  not casino gaming because the participants play against each
 2557  other instead of against the house.
 2558         (2) DEFINITIONS.—As used in this section:
 2559         (a) “Authorized game” means a game or series of games of
 2560  poker, including designated player games, played in conformance
 2561  with this section and in a manner consistent with the rules and
 2562  requirements specified in the 1974 edition of Hoyle’s Modern
 2563  Encyclopedia of Card Games: Rules of All the Basic Games and
 2564  Popular Variations and including three card poker, or dominoes
 2565  played in conformance with this section or dominoes which are
 2566  played in a nonbanking manner.
 2567         (b) “Banking game” means a game in which the house is a
 2568  participant in the game, taking on players, paying winners, and
 2569  collecting from losers or in which the cardroom establishes a
 2570  bank against which participants play. A designated player game
 2571  is not a banking game.
 2572         (c) “Cardroom” means a facility where authorized games are
 2573  played for money or anything of value and to which the public is
 2574  invited to participate in such games and charged a fee for
 2575  participation by the operator of such facility. Authorized games
 2576  and cardrooms do not constitute casino gaming operations if
 2577  conducted at an eligible facility.
 2578         (d) “Cardroom management company” means any individual not
 2579  an employee of the cardroom operator, any proprietorship,
 2580  partnership, corporation, or other entity that enters into an
 2581  agreement with a cardroom operator to manage, operate, or
 2582  otherwise control the daily operation of a cardroom.
 2583         (e) “Cardroom distributor” means any business that
 2584  distributes cardroom paraphernalia such as card tables, betting
 2585  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2586  banking supplies, playing cards, card shufflers, and other
 2587  associated equipment to authorized cardrooms.
 2588         (f) “Cardroom operator” means a licensed pari-mutuel
 2589  permitholder that which holds a valid permit and license issued
 2590  by the division pursuant to chapter 550 and which also holds a
 2591  valid cardroom license issued by the division pursuant to this
 2592  section which authorizes such person to operate a cardroom and
 2593  to conduct authorized games in such cardroom.
 2594         (g)“Designated player” means the player identified for
 2595  each game by a button that rotates clockwise before each hand
 2596  begins as the player in the dealer position and seated at a
 2597  traditional player position in a designated player game who pays
 2598  winning players and collects from losing players.
 2599         (h)“Designated player game” means a game in which the
 2600  players compare their cards only to the cards of the designated
 2601  player or to a combination of cards held by the designated
 2602  player and cards common and available for play by all players.
 2603         (i)(g) “Division” means the Division of Pari-mutuel
 2604  Wagering of the Department of Business and Professional
 2605  Regulation.
 2606         (j)(h) “Dominoes” means a game of dominoes typically played
 2607  with a set of 28 flat rectangular blocks, called “bones,” which
 2608  are marked on one side and divided into two equal parts, with
 2609  zero to six dots, called “pips,” in each part. The term also
 2610  includes larger sets of blocks that contain a correspondingly
 2611  higher number of pips. The term also means the set of blocks
 2612  used to play the game.
 2613         (k)(i) “Gross receipts” means the total amount of money
 2614  received by a cardroom from any person for participation in
 2615  authorized games.
 2616         (l)(j) “House” means the cardroom operator and all
 2617  employees of the cardroom operator.
 2618         (m)(k) “Net proceeds” means the total amount of gross
 2619  receipts received by a cardroom operator from cardroom
 2620  operations less direct operating expenses related to cardroom
 2621  operations, including labor costs, admission taxes only if a
 2622  separate admission fee is charged for entry to the cardroom
 2623  facility, gross receipts taxes imposed on cardroom operators by
 2624  this section, the annual cardroom license fees imposed by this
 2625  section on each table operated at a cardroom, and reasonable
 2626  promotional costs excluding officer and director compensation,
 2627  interest on capital debt, legal fees, real estate taxes, bad
 2628  debts, contributions or donations, or overhead and depreciation
 2629  expenses not directly related to the operation of the cardrooms.
 2630         (n)(l) “Rake” means a set fee or percentage of the pot
 2631  assessed by a cardroom operator for providing the services of a
 2632  dealer, table, or location for playing the authorized game.
 2633         (o)(m) “Tournament” means a series of games that have more
 2634  than one betting round involving one or more tables and where
 2635  the winners or others receive a prize or cash award.
 2636         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 2637  Wagering of the Department of Business and Professional
 2638  Regulation shall administer this section and regulate the
 2639  operation of cardrooms under this section and the rules adopted
 2640  pursuant thereto, and is hereby authorized to:
 2641         (g) Establish a reasonable period to respond to requests
 2642  from a licensed cardroom; provided however, the division has a
 2643  maximum of 45 days to approve:
 2644         1. A cardroom’s internal controls or provide the cardroom
 2645  with a list of deficiencies as to the internal controls.
 2646         2. Rules for a new authorized game submitted by a licensed
 2647  cardroom or provide the cardroom with a list of deficiencies as
 2648  to those rules.
 2649  
 2650  No later than 10 days after the submission of revised internal
 2651  controls or revised rules addressing the deficiencies identified
 2652  by the division, the division must review and approve or reject
 2653  the revised internal controls or revised rules.
 2654         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2655  operate a cardroom in this state unless such person holds a
 2656  valid cardroom license issued pursuant to this section.
 2657         (b) After the initial cardroom license is granted, the
 2658  application for the annual license renewal shall be made in
 2659  conjunction with the applicant’s annual application for its
 2660  pari-mutuel license. If a permitholder has operated a cardroom
 2661  during any of the 3 previous fiscal years and fails to include a
 2662  renewal request for the operation of the cardroom in its annual
 2663  application for license renewal, the permitholder may amend its
 2664  annual application to include operation of the cardroom. In
 2665  order for a cardroom license to be renewed the applicant must
 2666  have requested, as part of its pari-mutuel annual license
 2667  application, to conduct at least 90 percent of the total number
 2668  of live performances conducted by such permitholder during
 2669  either the state fiscal year in which its initial cardroom
 2670  license was issued or the state fiscal year immediately prior
 2671  thereto if the permitholder ran at least a full schedule of live
 2672  racing or games in the prior year. If the application is for a
 2673  harness permitholder cardroom, the applicant must have requested
 2674  authorization to conduct a minimum of 140 live performances
 2675  during the state fiscal year immediately prior thereto. If more
 2676  than one permitholder is operating at a facility, each
 2677  permitholder must have applied for a license to conduct a full
 2678  schedule of live racing.
 2679         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2680         (a) A cardroom may be operated only at the location
 2681  specified on the cardroom license issued by the division, and
 2682  such location may only be the location at which the pari-mutuel
 2683  permitholder is authorized to conduct pari-mutuel wagering
 2684  activities pursuant to such permitholder’s valid pari-mutuel
 2685  permit or as otherwise authorized by law. Cardroom operations
 2686  may not be allowed beyond the hours provided in paragraph (b)
 2687  regardless of the number of cardroom licenses issued for
 2688  permitholders operating at the pari-mutuel facility.
 2689         (b) Any cardroom operator may operate a cardroom at the
 2690  pari-mutuel facility daily throughout the year, if the
 2691  permitholder meets the requirements under paragraph (5)(b). The
 2692  cardroom may be open a cumulative amount of 18 hours per day on
 2693  Monday through Friday and 24 hours per day on Saturday and
 2694  Sunday and on the holidays specified in s. 110.117(1).
 2695         (c) A cardroom operator must at all times employ and
 2696  provide a nonplaying live dealer at for each table on which
 2697  authorized card games which traditionally use a dealer are
 2698  conducted at the cardroom. Such dealers may not have a
 2699  participatory interest in any game other than the dealing of
 2700  cards and may not have an interest in the outcome of the game.
 2701  The providing of such dealers by a licensee does not constitute
 2702  the conducting of a banking game by the cardroom operator.
 2703         (8) METHOD OF WAGERS; LIMITATION.—
 2704         (a) No Wagering may not be conducted using money or other
 2705  negotiable currency. Games may only be played utilizing a
 2706  wagering system whereby all players’ money is first converted by
 2707  the house to tokens or chips that may which shall be used for
 2708  wagering only at that specific cardroom.
 2709         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 2710         (a)A cardroom operator may offer designated player games
 2711  consisting of players making wagers against the designated
 2712  player. However, not more than 50 percent of the total licensed
 2713  tables in a cardroom may offer designated player games. The
 2714  designated player must be licensed pursuant to paragraph (6)(b).
 2715  Employees of a designated player also must be licensed, and the
 2716  designated player shall pay, in addition to the business
 2717  occupational fee established pursuant to paragraph (6)(i), an
 2718  employee occupational license fee that may not exceed $500 per
 2719  employee for any 12-month period.
 2720         (b)A cardroom operator may not serve as a designated
 2721  player in any game. The cardroom operator may not have a
 2722  financial interest in a designated player in any game. A
 2723  cardroom operator may collect a rake in accordance with the rake
 2724  structure posted at the table.
 2725         (c)If there are multiple designated players at a table,
 2726  the dealer button shall be rotated in a clockwise rotation after
 2727  each hand.
 2728         (d)A cardroom operator may not allow a designated player
 2729  to pay an opposing player who holds a lower-ranked hand.
 2730         (e)A designated player may not be required by the rules of
 2731  a game or by the rules of a cardroom to cover more than 10 times
 2732  the maximum wager for players participating in any one game.
 2733         (f)The cardroom, or any cardroom licensee, may not
 2734  contract with, or receive compensation other than a posted table
 2735  rake from, any player to participate in any game to serve as a
 2736  designated player.
 2737         (13)(12) PROHIBITED ACTIVITIES.—
 2738         (a) A No person licensed to operate a cardroom may not
 2739  conduct any banking game or any game not specifically authorized
 2740  by this section.
 2741         (b) A No person who is younger than under 18 years of age
 2742  may not be permitted to hold a cardroom or employee license, or
 2743  to engage in any game conducted therein.
 2744         (c) With the exception of mechanical card shufflers, No
 2745  electronic or mechanical devices, except mechanical card
 2746  shufflers, may not be used to conduct any authorized game in a
 2747  cardroom.
 2748         (d) No Cards, game components, or game implements may not
 2749  be used in playing an authorized game unless they have such has
 2750  been furnished or provided to the players by the cardroom
 2751  operator.
 2752         (14)(13) TAXES AND OTHER PAYMENTS.—
 2753         (d)1. Each greyhound and jai alai permitholder that
 2754  operates a cardroom facility shall use at least 4 percent of
 2755  such permitholder’s cardroom monthly gross receipts to
 2756  supplement greyhound purses and awards or jai alai prize money,
 2757  respectively, during the permitholder’s next ensuing pari-mutuel
 2758  meet.
 2759         2.a. Any permitholder with a cardroom license and
 2760  conducting less than a full schedule of live racing or games, as
 2761  defined in s. 550.002(11), pursuant to s. 550.01215(1)(b) or (c)
 2762  shall remit each month to each qualified thoroughbred
 2763  permitholder, by electronic funds transfer, an amount equal to 4
 2764  percent of its monthly cardroom gross receipts divided by the
 2765  total number of qualified thoroughbred permitholders for a
 2766  license year. Qualified thoroughbred permitholders shall use
 2767  such payments exclusively for purses and awards for live
 2768  thoroughbred horse races held at the qualified thoroughbred
 2769  permitholder’s racing facility. For the purposes of this
 2770  subparagraph, the term “qualified thoroughbred permitholder”
 2771  means a thoroughbred permitholder conducting, in the applicable
 2772  state fiscal year, no less than a full schedule of live racing
 2773  or games, as defined in s. 550.002(11), and no fewer live
 2774  thoroughbred horse racing performances than such permitholder
 2775  conducted in state fiscal year 2017-2018. The term does not
 2776  include a permitholder whose permit was issued pursuant to s.
 2777  550.3345 or a permitholder leasing at another thoroughbred
 2778  permitholder’s facility pursuant to s. 550.475.
 2779         b.The division shall notify each cardroom licensee
 2780  required to remit such payments, not later than 15 days after
 2781  issuing the cardroom license, of the qualified thoroughbred
 2782  permitholders to which such payments must be paid. Each
 2783  qualified thoroughbred permitholder shall provide each cardroom
 2784  licensee required to remit payments pursuant to this
 2785  subparagraph with written instructions for transmitting such
 2786  electronic payments. Such payments shall be remitted to each
 2787  qualified thoroughbred permitholder on the fifth day of each
 2788  calendar month and shall be based upon the preceding month’s
 2789  cardroom activities. If the fifth day of the calendar month
 2790  falls on a weekend, such payment shall be remitted on the first
 2791  Monday following the weekend.
 2792         c.A qualified thoroughbred permitholder receiving funds
 2793  under this subparagraph shall remit, within 10 days after
 2794  receipt, 10 percent of those funds to the Florida Thoroughbred
 2795  Breeders’ Association, Inc., for the payment of breeders’,
 2796  stallion, and special racing awards, subject to the fee
 2797  authorized in s. 550.2625(3).
 2798         3. Each thoroughbred and harness horse racing permitholder
 2799  that operates a cardroom facility shall use at least 50 percent
 2800  of such permitholder’s cardroom monthly net proceeds as follows:
 2801  47 percent to supplement purses and 3 percent to supplement
 2802  breeders’ awards during the permitholder’s next ensuing racing
 2803  meet.
 2804         3. No cardroom license or renewal thereof shall be issued
 2805  to an applicant holding a permit under chapter 550 to conduct
 2806  pari-mutuel wagering meets of quarter horse racing unless the
 2807  applicant has on file with the division a binding written
 2808  agreement between the applicant and the Florida Quarter Horse
 2809  Racing Association or the association representing a majority of
 2810  the horse owners and trainers at the applicant’s eligible
 2811  facility, governing the payment of purses on live quarter horse
 2812  races conducted at the licensee’s pari-mutuel facility. The
 2813  agreement governing purses may direct the payment of such purses
 2814  from revenues generated by any wagering or gaming the applicant
 2815  is authorized to conduct under Florida law. All purses shall be
 2816  subject to the terms of chapter 550.
 2817         (h) One-quarter of the moneys deposited into the Pari
 2818  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 2819  October 1 of each year, be distributed to the local government
 2820  that approved the cardroom under subsection (17) (16); however,
 2821  if two or more pari-mutuel racetracks are located within the
 2822  same incorporated municipality, the cardroom funds shall be
 2823  distributed to the municipality. If a pari-mutuel facility is
 2824  situated in such a manner that it is located in more than one
 2825  county, the site of the cardroom facility shall determine the
 2826  location for purposes of disbursement of tax revenues under this
 2827  paragraph. The division shall, by September 1 of each year,
 2828  determine: the amount of taxes deposited into the Pari-mutuel
 2829  Wagering Trust Fund pursuant to this section from each cardroom
 2830  licensee; the location by county of each cardroom; whether the
 2831  cardroom is located in the unincorporated area of the county or
 2832  within an incorporated municipality; and, the total amount to be
 2833  distributed to each eligible county and municipality.
 2834         Section 17. Subsection (1) of section 849.16, Florida
 2835  Statutes, is amended to read:
 2836         849.16 Machines or devices which come within provisions of
 2837  law defined.—
 2838         (1) As used in this chapter, the term “slot machine or
 2839  device” means any machine or device or system or network of
 2840  devices that is adapted for use in such a way that, upon
 2841  activation, which may be achieved by, but is not limited to, the
 2842  insertion of any piece of money, coin, account number, code, or
 2843  other object or information, such device or system is directly
 2844  or indirectly caused to operate or may be operated and if the
 2845  user, whether by application of skill or by reason of any
 2846  element of chance or any other outcome unpredictable by the
 2847  user, regardless of whether the machine or device or system or
 2848  networks of devices includes a preview of the outcome or whether
 2849  the outcome is known, displayed, or capable of being known or
 2850  displayed to the user, may:
 2851         (a) Receive or become entitled to receive any piece of
 2852  money, credit, allowance, or thing of value; , or any check,
 2853  slug, token, or memorandum, whether of value or otherwise, which
 2854  may be exchanged for any money, credit, allowance, or thing of
 2855  value or which may be given in trade; or the opportunity to
 2856  purchase a subsequently displayed outcome that may have a
 2857  monetary value, regardless of whether such value is equal to,
 2858  greater than, or less than the cost of purchasing such outcome;
 2859  or
 2860         (b) Secure additional chances or rights to use such
 2861  machine, apparatus, or device, even though the device or system
 2862  may be available for free play or, in addition to any element of
 2863  chance or unpredictable outcome of such operation, may also
 2864  sell, deliver, or present some merchandise, indication of
 2865  weight, entertainment, or other thing of value. The term “slot
 2866  machine or device” includes, but is not limited to, devices
 2867  regulated as slot machines pursuant to chapter 551.
 2868         Section 18. The Division of Law Revision and Information is
 2869  directed to replace the phrase “the effective date of this act”
 2870  wherever it appears in this act with the date this act becomes a
 2871  law.
 2872         Section 19. This act shall take effect upon becoming a law.