Bill Text: FL S0002 | 2021 | 1st Special Session | Enrolled
Bill Title: Implementation of the 2021 Gaming Compact Between the Seminole Tribe of Florida and the State of Florida
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-08 - Chapter No. 2021-268, companion bill(s) passed, see CS/SB 4-A (Ch. 2021-269), CS/SB 8-A (Ch. 2021-271) [S0002 Detail]
Download: Florida-2021-S0002-Enrolled.html
ENROLLED 2021 Legislature CS for SB 2-A, 1st Engrossed 20212Aer 1 2 An act relating to the implementation of the 2021 3 gaming compact between the Seminole Tribe of Florida 4 and the State of Florida; amending s. 285.710, F.S.; 5 revising the definition of the term “compact”; 6 providing for legislative approval and ratification of 7 a gaming compact between the Seminole Tribe of Florida 8 and the state; requiring the Governor to cooperate 9 with the Tribe in seeking approval and ratification of 10 such compact from the United States Secretary of the 11 Interior; specifying that such compact supersedes a 12 certain other gaming compact under certain 13 circumstances; revising local government share 14 distributions; authorizing the Tribe to conduct 15 additional games, contests, and sports betting; 16 providing age requirements for fantasy sports contests 17 and sports betting; specifying that certain games and 18 gaming activities do not violate the laws of this 19 state; conforming cross-references; amending s. 20 285.712, F.S.; revising requirements for the Secretary 21 of State relating to a compact; amending s. 551.102, 22 F.S.; defining the term “independent testing 23 laboratory”; amending s. 551.103, F.S.; conforming a 24 provision to changes made by the act; amending s. 25 849.086, F.S.; providing conditions, requirements, and 26 prohibitions relating to poker games played in a 27 designated player manner; prohibiting a person 28 licensed to operate a cardroom from operating certain 29 games; providing contingent effective dates. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Effective upon becoming a law, paragraph (a) of 34 subsection (1) and subsection (3) of section 285.710, Florida 35 Statutes, are amended to read: 36 285.710 Compact authorization.— 37 (1) As used in this section, the term: 38 (a) “Compact” means the most recent ratified and approved 39 gaming compact between the Seminole Tribe of Florida and the 40 State of Florida, executed on April 7, 2010. 41 (3)(a) The gaming compact between the Seminole Tribe of 42 Florida and the State of Florida, executed by the Governor and 43 the Tribe on April 7, 2010, wasisratified and approved by 44 chapter 2010-29, Laws of Florida. 45 (b) The gaming compact between the Seminole Tribe of 46 Florida and the State of Florida, executed by the Governor and 47 the Tribe on April 23, 2021, as amended on May 17, 2021, is 48 ratified and approved. The Governor shall cooperate with the 49 Tribe in seeking approval of such compact ratified and approved 50 under this paragraph from the United States Secretary of the 51 Interior. Upon becoming effective, such compact supersedes the 52 gaming compact ratified and approved under paragraph (a). If the 53 gaming compact ratified and approved under this paragraph is not 54 approved by the United States Secretary of the Interior or is 55 invalidated by court action or change in federal law, the gaming 56 compact ratified and approved under paragraph (a) shall remain 57 in effectThe Governor shall cooperate with the Tribe in seeking58approval of the compact from the United States Secretary of the59Interior. 60 Section 2. Paragraphs (b), (c), and (d) of subsection (10) 61 and subsection (13) of section 285.710, Florida Statutes, are 62 amended, and paragraph (h) is added to subsection (10) of that 63 section, to read: 64 285.710 Compact authorization.— 65 (10) The calculations necessary to determine the local 66 government share distributions shall be made by the state 67 compliance agency based upon the net win per facility as 68 provided by the Tribe. The local government share attributable 69 to each casino shall be distributed as follows: 70 (b) Broward County shall receive 25 percent, the City of 71 Hollywood shall receive 42.555percent, the Town of Davie shall 72 receive 22.510percent, and the City of Dania Beach shall 73 receive 10 percent of the local government share derived from 74 the Seminole Indian Casino-Hollywood. 75 (c) Broward County shall receive 25 percent, the City of 76 Hollywood shall receive 42.555percent, the Town of Davie shall 77 receive 22.510percent, and the City of Dania Beach shall 78 receive 10 percent of the local government share derived from 79 the Seminole Hard Rock Hotel & Casino-Hollywood. 80 (d) Collier County shall receive 75100percent and the 81 Immokalee Fire Control District shall receive 25 percent of the 82 local government share derived from the Seminole Indian Casino 83 Immokalee. 84 (h) Broward County shall receive 25 percent, the City of 85 Hollywood shall receive 35 percent, the Town of Davie shall 86 receive 30 percent, and the City of Dania Beach shall receive 10 87 percent of the local government share derived from the 88 additional facilities authorized to be added to the Tribe’s 89 Hollywood Reservation under the gaming compact ratified, 90 approved, and described in subsection (3). 91 (13)(a) For the purpose of satisfying the requirement in 25 92 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized 93 under an Indian gaming compact must be permitted in the state 94 for any purpose by any person, organization, or entity, the 95 following class III games or other games specified in this 96 section are hereby authorized to be conducted by the Tribe 97 pursuant to the compact described in subsection (3)(a), if the 98 compact described in subsection (3)(b) is not effective: 99 1.(a)Slot machines, as defined in s. 551.102(9)s.100551.102(8). 101 2.(b)Banking or banked card games, including baccarat, 102 chemin de fer, and blackjack or 21 at the tribal facilities in 103 Broward County, Collier County, and Hillsborough County. 104 3.(c)Raffles and drawings. 105 (b) For the purpose of satisfying the requirement in 25 106 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized 107 under an Indian gaming compact must be permitted in the state 108 for any purpose by any person, organization, or entity, the 109 following class III games or other games specified in this 110 section are hereby authorized to be conducted by the Tribe 111 pursuant to the compact described in subsection (3)(b), when 112 such compact has been approved by the United States Secretary of 113 the Interior, has not been invalidated by court action or change 114 in federal law, and is effective: 115 1. Slot machines, as defined in s. 551.102(9). 116 2. Banking or banked card games, including baccarat, chemin 117 de fer, and blackjack (21), and card games banked by the house, 118 by a bank established by the house, or by a player. 119 3. Raffles and drawings. 120 4. Craps, including dice games such as sic-bo and any 121 similar variations thereof. 122 5. Roulette, including big six and any similar variations 123 thereof. 124 6. Fantasy sports contests. The acceptance of entry fees 125 for fantasy sports contests conducted by the Tribe, including 126 the receipt of entry fees paid by players physically located 127 within the state using a mobile or other electronic device, 128 shall be deemed to be exclusively conducted by the Tribe where 129 the servers or other devices used to conduct such contests on 130 the Tribe’s Indian lands are located. A person must be 21 years 131 of age or older to pay an entry fee for fantasy sports contests. 132 7. Sports betting. Wagers on sports betting, including 133 wagers made by players physically located within the state using 134 a mobile or other electronic device, shall be deemed to be 135 exclusively conducted by the Tribe where the servers or other 136 devices used to conduct such wagering activity on the Tribe’s 137 Indian lands are located. A person must be 21 years of age or 138 older to wager on sports betting. 139 140 Games and gaming activities authorized under this subsection and 141 conducted pursuant to a gaming compact ratified and approved 142 under subsection (3) do not violate the laws of this state. 143 Section 3. Effective upon becoming a law, subsection (4) of 144 section 285.712, Florida Statutes, is amended to read: 145 285.712 Tribal-state gaming compacts.— 146 (4) Upon receipt of an act ratifying a tribal-state 147 compact, the Secretary of State shall coordinate with the 148 parties to the compact to formally submitforwarda copy of the 149 executed compact and the ratifying act to the United States 150 Secretary of the Interior for his or her review and approval, in 151 accordance with 25 U.S.C. s. 2710(d)(8)25 U.S.C. s. 2710(8)(d). 152 Section 4. Present subsections (5) through (13) of section 153 551.102, Florida Statutes, are redesignated as subsections (6) 154 through (14), respectively, and a new subsection (5) is added to 155 that section, to read: 156 551.102 Definitions.—As used in this chapter, the term: 157 (5) “Independent testing laboratory” means an independent 158 laboratory: 159 (a) With demonstrated competence testing gaming machines 160 and equipment; 161 (b) That is licensed by at least 10 other states; and 162 (c) That has not had its license suspended or revoked by 163 any other state within the immediately preceding 10 years. 164 Section 5. Paragraph (c) of subsection (1) of section 165 551.103, Florida Statutes, is amended to read: 166 551.103 Powers and duties of the division and law 167 enforcement.— 168 (1) The division shall adopt, pursuant to the provisions of 169 ss. 120.536(1) and 120.54, all rules necessary to implement, 170 administer, and regulate slot machine gaming as authorized in 171 this chapter. Such rules must include: 172 (c) Procedures to scientifically test and technically 173 evaluate slot machines for compliance with this chapter. The 174 division may contract with an independent testing laboratory to 175 conduct any necessary testing under this section.The176independent testing laboratory must have a national reputation177which is demonstrably competent and qualified to scientifically178test and evaluate slot machines for compliance with this chapter179and to otherwise perform the functions assigned to it in this180chapter.An independent testing laboratory shall not be owned or 181 controlled by a licensee. The use of an independent testing 182 laboratory for any purpose related to the conduct of slot 183 machine gaming by a licensee under this chapter shall be made 184 from a list of one or more laboratories approved by the 185 division. 186 Section 6. Subsection (10) and paragraph (a) of subsection 187 (12) of section 849.086, Florida Statutes, are amended, and 188 paragraph (h) is added to subsection (7) of that section, to 189 read: 190 849.086 Cardrooms authorized.— 191 (7) CONDITIONS FOR OPERATING A CARDROOM.— 192 (h) Poker games played in a designated player manner in 193 which one player is permitted, but not required, to cover other 194 players’ wagers must comply with the following restrictions: 195 1. Poker games to be played in a designated player manner 196 must have been identified in cardroom license applications 197 approved by the division on or before March 15, 2018, or, if a 198 substantially similar poker game, identified in cardroom license 199 applications approved by the division on or before April 1, 200 2021. 201 2. If the cardroom is located in a county where slot 202 machine gaming is authorized under chapter 285 or chapter 551, 203 the cardroom operator is limited to offering no more than 10 204 tables for the play of poker games in a designated player 205 manner. 206 3. If the cardroom is located in a county where slot 207 machine gaming is not authorized under chapter 285 or chapter 208 551, the cardroom operator is limited to offering no more than 209 30 tables for the play of poker games in a designated player 210 manner. 211 4. There may not be more than nine players and the 212 nonplayer dealer at each table. 213 (10) FEE FOR PARTICIPATION; PROHIBITIONS RELATING TO 214 ECONOMIC INTEREST AND WINNINGS FOR CERTAIN GAMES.— 215 (a) The cardroom operator may charge a fee for the right to 216 participate in games conducted at the cardroom. Such fee may be 217 either a flat fee or hourly rate for the use of a seat at a 218 table or a rake subject to the posted maximum amount but may not 219 be based on the amount won by players. The rake-off, if any, 220 must be made in an obvious manner and placed in a designated 221 rake area which is clearly visible to all players. Notice of the 222 amount of the participation fee charged shall be posted in a 223 conspicuous place in the cardroom and at each table at all 224 times. 225 (b)1. A cardroom operator may not have any direct economic 226 interest in a poker game played in a designated player manner, 227 except for the rake. 228 2. A cardroom operator may not receive any portion of the 229 winnings of a poker game played in a designated player manner. 230 (12) PROHIBITED ACTIVITIES.— 231 (a) No person licensed to operate a cardroom may conduct 232 any banking game or any game not specifically authorized by this 233 section or operate any game that violates the exclusivity 234 provided in the gaming compact ratified, approved, and described 235 in s. 285.710(3). 236 Section 7. Except as otherwise expressly provided in this 237 act and except for this section, which shall take effect upon 238 this act becoming a law, this act shall take effect only if the 239 Gaming Compact between the Seminole Tribe of Florida and the 240 State of Florida executed by the Governor and the Seminole Tribe 241 of Florida on April 23, 2021, as amended on May 17, 2021, under 242 the Indian Gaming Regulatory Act of 1988, is approved or deemed 243 approved and not voided by the United States Department of the 244 Interior, and shall take effect on the date that notice of the 245 effective date of the compact is published in the Federal 246 Register.