Bill Text: FL H0487 | 2012 | Regular Session | Introduced


Bill Title: Gaming

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Business and Consumer Affairs Subcommittee [H0487 Detail]

Download: Florida-2012-H0487-Introduced.html
HB 487

1
A bill to be entitled
2An act relating to gaming; amending s. 20.165, F.S.;
3deleting the Division of Pari-mutuel Wagering within
4the Department of Business and Professional
5Regulation; creating s. 20.318, F.S.; establishing the
6Department of Gaming Control; designating the State
7Gaming Commission as head of the department; defining
8terms; specifying powers and duties of the department;
9authorizing the department to take testimony;
10authorizing the department to exclude persons from
11certain gaming establishments; authorizing the
12department to collect taxes and require compliance
13with reporting requirements for financial information;
14authorizing the department to conduct investigations
15and impose certain fines; authorizing the department
16to adopt rules; authorizing the department to contract
17with the Department of Law Enforcement for certain
18purposes; directing the department to contract with
19the Department of Revenue for tax collection and
20financial audit services; authorizing the Department
21of Revenue to assist in financial investigations of
22licensees and applicants for licenses; requiring the
23department to assist the Department of Revenue for the
24benefit of financially dependent children; authorizing
25the department to terminate certain deficient license
26applications and approve licenses; amending s. 120.80,
27F.S.; deleting certain exceptions and special
28requirements regarding hearings applicable to the
29Department of Business and Professional Regulation;
30creating certain exceptions and special requirements
31regarding hearings within the Department of Gaming
32Control; exempting the Destination Resort Selection
33Committee from specified provisions of the
34Administrative Procedure Act; designating ss. 551.101-
35551.123, F.S., as pt. II of ch. 551, F.S., entitled
36"Slot Machines"; creating ss. 551.002-551.012, F.S.,
37as pt. I of ch. 551, F.S., entitled "State Gaming
38Commission"; creating s. 551.002, F.S.; providing
39definitions; creating s. 551.003, F.S.; creating the
40State Gaming Commission; providing for membership,
41terms, service, and compensation; providing for a
42chair and vice chair; providing that the chair is the
43administrative head of the commission; providing for a
44quorum, headquarters, and meetings; providing that the
45commission serves as the agency head for the
46department for purposes of the Administrative
47Procedure Act; providing that the executive director
48of the commission may serve as the agency head for the
49department for certain related purposes; creating s.
50551.004, F.S.; creating the State Gaming Commission
51Nominating Committee; providing for membership,
52organization, and responsibilities of the committee;
53providing procedures for nomination and appointment of
54members of the commission; creating s. 551.006, F.S.;
55providing for an executive director of the department;
56creating s. 551.007, F.S.; providing for the
57department to employ law enforcement officers or, by
58interagency agreement, the Department of Law
59Enforcement to enforce laws within its jurisdiction;
60creating s. 551.008, F.S.; providing for a code of
61ethics for the commission and its employees, including
62restrictions following membership or employment;
63defining the terms "business entity" and "outside
64employment"; creating s. 551.009, F.S.; providing for
65disclosure of certain information by commission
66members, employees, and agents; prohibiting certain
67negotiations for employment by commission members,
68employees, and agents; prohibiting certain gifts;
69requiring reporting of bribe offers; creating s.
70551.011, F.S.; providing procedures relating to ex
71parte communications; providing for the Commission on
72Ethics to investigate complaints, report to the
73Governor, and enforce assessed penalties; requiring
74the Commission on Ethics to provide notice to a person
75alleged to have participated in an ex parte
76communication and allow that person to present a
77defense; providing penalties; creating s. 551.012,
78F.S.; providing penalties for violation of specified
79provisions by a commission member, employee, or agent;
80creating ss. 551.301-551.331, F.S., as pt. III of ch.
81551, F.S., entitled "Destination Resorts"; creating s.
82551.301, F.S.; providing a short title; creating s.
83551.302, F.S.; providing definitions; creating s.
84551.304, F.S.; specifying the powers of the
85commission, including the power to authorize gaming at
86a limited number of destination resorts, conduct
87investigations, issue subpoenas, take enforcement
88actions, and create an invitation to negotiate process
89to evaluate applications for a resort license;
90authorizing the commission to collect taxes,
91assessments, fees, and penalties; specifying the
92jurisdiction and authority of the commission, the
93Department of Law Enforcement, and local law
94enforcement agencies to investigate criminal
95violations and enforce compliance with law; requiring
96the commission to revoke or suspend the license of a
97person who was unqualified at the time of licensure or
98who is no longer qualified to be licensed; creating s.
99551.305, F.S.; authorizing the commission to adopt
100rules relating to the types of gaming authorized,
101requirements for the issuance, renewal, revocation,
102and suspension of licenses, the disclosure of
103financial interests, procedures to test gaming
104equipment, procedures to verify gaming revenues and
105the collection of taxes, requirements for gaming
106equipment, procedures relating to a facilities-based
107computer system, bond requirements of resort
108licensees, the maintenance of records, procedures to
109calculate the payout percentages of slot machines,
110security standards, the scope and conditions for
111investigations and inspections into the conduct of
112limited gaming, the seizure of gaming equipment and
113records without notice or a warrant, employee drug-
114testing programs, and the payment of costs, fines, and
115application fees; authorizing the commission to adopt
116emergency rules; exempting the rules from specified
117provisions of the Administrative Procedure Act;
118creating s. 551.306, F.S.; preempting the regulation
119of limited gaming at a destination resort to the
120state; creating s. 551.307, F.S.; restricting the
121award of resort licenses by the commission;
122authorizing participation in gaming at a licensed
123resort; creating s. 551.308, F.S.; requiring the
124commission to develop an invitation to negotiate
125process to award a resort license; providing criteria
126and procedures; creating s. 551.309, F.S.; specifying
127the criteria for evaluation of applications and award
128of a destination resort license; specifying events
129that disqualify an applicant from eligibility for a
130resort license; defining the term "conviction";
131creating s. 551.310, F.S.; providing for applications
132for a destination resort license; specifying the
133information that must be on or included with an
134application for a resort license; providing for
135collection of fingerprints; providing for application
136fees for a resort license to defray the costs of an
137investigation of the applicant; requiring the payment
138of application and licensing fees to be submitted with
139the application for a resort license; creating s.
140551.311, F.S.; providing that an incomplete
141application is grounds for denial of the application;
142requiring the executive director to notify an
143applicant for a resort license if the application is
144incomplete; authorizing the applicant to have an
145informal conference with the executive director to
146discuss an incomplete application; authorizing the
147executive director to grant an extension to complete
148an application; providing for the stay of the award of
149a resort license during an extension or an appeal to
150the commission of a finding by the executive director
151that an application is incomplete; creating s.
152551.312, F.S.; exempting an institutional investor
153that is a qualifier for a resort licensee from certain
154application requirements under certain circumstances;
155requiring notice to the commission of any changes that
156may require a person to comply with the full
157application requirements; creating s. 551.313, F.S.;
158exempting lending institutions and underwriters from
159licensing requirements as a qualifier under certain
160circumstances; creating s. 551.314, F.S.; specifying
161conditions for a resort licensee to maintain
162licensure; authorizing the department to adopt rules
163relating to approval of the licensee's computer
164system; creating s. 551.315, F.S.; requiring that the
165licensee post a bond; authorizing the department to
166adopt rules relating to such bonds; creating s.
167551.316, F.S.; specifying conditions for the conduct
168of limited gaming by a resort licensee; providing
169hours and days of operation and the setting of minimum
170and maximum wagers; requiring the department to renew
171the license of a resort licensee if the licensee
172satisfies specified conditions; creating s. 551.318,
173F.S.; specifying an annual fee for the renewal of a
174resort license; imposing gross receipts tax; providing
175for the deposit of funds; providing for the proceeds
176of the gross receipts tax to fund the operations of
177the department; providing for annual distribution of
178certain unappropriated funds in the department's
179Destination Resort Trust Fund; creating s. 551.319,
180F.S.; providing procedures for the submission and
181processing of fingerprints; providing that the cost of
182processing the fingerprints shall be borne by a
183licensee or applicant; requiring a person to report to
184the department certain pleas and convictions for
185disqualifying offenses; creating s. 551.321, F.S.;
186requiring a person to have a supplier license to
187furnish certain goods and services to a resort
188licensee; providing for application; providing for
189license fees to be set by rule based on certain
190criteria; requiring fingerprinting; specifying persons
191who are ineligible for supplier licensure; specifying
192circumstances under which the department may deny or
193revoke a supplier license; authorizing the department
194to adopt rules relating to the licensing of suppliers;
195requiring a supplier licensee to furnish a list of
196gaming devices and equipment to the department,
197maintain records, file quarterly returns, and affix
198its name to the gaming equipment and supplies that it
199offers; requiring that the supplier licensee annually
200report its inventory to the department; authorizing
201the department to suspend, revoke, or restrict a
202supplier license under certain circumstances;
203providing that the equipment of a supplier licensee
204which is used in unauthorized gaming will be forfeited
205to the county where the equipment is found; providing
206criminal penalties for a person who knowingly makes a
207false statement on an application for a supplier
208license; creating s. 551.322, F.S.; requiring a person
209to have an occupational license to serve as a limited
210gaming employee of a resort licensee; requiring a
211person to apply to the department for an occupational
212license and pay an application fee; specifying
213information that an applicant must include in an
214application for an occupational license, including
215fingerprints; providing eligibility requirements;
216specifying grounds for the department to deny,
217suspend, revoke, or restrict an occupational license;
218authorizing training to be conducted at certain
219facilities; providing criminal penalties for a person
220who knowingly makes a false statement on an
221application for an occupational license; creating s.
222551.323, F.S.; authorizing the executive director of
223the department to issue a temporary occupational or
224temporary supplier license under certain
225circumstances; creating s. 551.325, F.S.; requiring
226the commission to file quarterly reports with the
227Governor, the President of the Senate, and the Speaker
228of the House of Representatives; creating s. 551.327,
229F.S.; providing procedures for the resolution of
230certain disputes between a resort licensee and a
231patron; requiring a resort licensee to notify the
232department of certain disputes; requiring a resort
233licensee to notify a patron of the right to file a
234complaint with the department regarding certain
235disputes; authorizing the department to investigate
236disputes and to order a resort licensee to make a
237payment to a patron; providing that gaming-related
238disputes may be resolved only by the department and
239are not under the jurisdiction of state courts;
240creating s. 551.328, F.S.; providing for the
241enforcement of credit instruments; authorizing a
242resort licensee to accept an incomplete credit
243instrument and to complete incomplete credit
244instruments under certain circumstances; providing
245that existence of a mental disorder is not a defense
246or a valid counterclaim in an action to enforce a
247credit instrument; authorizing the department to adopt
248rules prescribing the conditions under which a credit
249instrument may be presented to a bank; creating s.
250551.330, F.S.; requiring a resort licensee to train
251its employees about compulsive gambling; requiring a
252resort licensee to work with a compulsive gambling
253prevention program; requiring the commission to
254contract for services relating to the prevention of
255compulsive gambling; providing for the commission's
256compulsive gambling prevention program to be funded
257from a regulatory fee imposed on resort licensees;
258creating s. 551.331, F.S.; authorizing a person to
259request that the department exclude him or her from
260limited gaming facilities; providing for a form and
261contents of the form; providing that a self-excluded
262person who is found on a gaming floor may be arrested
263and prosecuted for criminal trespass; providing that a
264self-excluded person holds harmless the department and
265licensees from claims for losses and damages under
266certain circumstances; requiring the person to submit
267identification issued by the government; requiring the
268department to photograph the person requesting self-
269exclusion; amending s. 561.20, F.S.; exempting
270destination resorts from certain limitations on the
271number of licenses to sell alcoholic beverages which
272may be issued; providing restrictions on a resort
273issued such license; requiring an annual state license
274tax to be paid by a resort for such license; providing
275for deposit of proceeds from the tax; preempting to
276the state the regulation of alcoholic beverages at
277destination resorts; providing hours and days
278alcoholic beverages may be sold at a resort; directing
279the commission to adopt rules; providing recordkeeping
280requirements; amending s. 849.15, F.S.; authorizing
281slot machine gaming in a resort licensee and the
282transportation of slot machines pursuant to federal
283law; exempting slot machine licensees from
284prohibitions relating to coin-operated devices;
285amending s. 849.231, F.S.; providing that a
286prohibition on gambling devices does not apply to slot
287machine licensees and resort licensees as authorized
288under specified provisions; amending s. 849.25, F.S.;
289providing that a prohibition on gaming does not apply
290to slot machine licensees and resort licensees as
291authorized under specified provisions; creating s.
292849.48, F.S.; requiring that a person or entity
293seeking to operate a gambling business, to allow
294gambling on the person's or entity's premises, or to
295lease, manufacture, or distribute gambling devices
296apply for licensure from the Department of Gaming
297Control; transferring and reassigning certain
298functions and responsibilities, including records,
299personnel, property, and unexpended balances of
300appropriations and other resources, from the Division
301of Pari-mutuel Wagering of the Department of Business
302and Professional Regulation to the Department of
303Gaming Control; transferring certain trust funds from
304the Department of Business and Professional Regulation
305to the Department of Gaming Control; amending s.
306551.102, F.S.; revising the definition of the term
307"eligible facility" as used in provisions relating to
308slot machines; conforming provisions to changes made
309by the act; amending ss. 285.710, 550.002, 550.0251,
310550.09514, 550.135, 550.24055, 550.2415, 550.2625,
311550.2704, 550.902, 550.907, 551.101, 551.103, 551.104,
312551.106, 551.107, 551.108, 551.109, 551.111, 551.112,
313551.117, 551.119, 551.122, 551.123, 565.02, 817.37,
314849.086, and 849.094, F.S.; correcting cross-
315references and conforming provisions to changes made
316by the act; providing for severability; providing
317effective dates.
318
319Be It Enacted by the Legislature of the State of Florida:
320
321     Section 1.  Subsection (2) of section 20.165, Florida
322Statutes, is amended to read:
323     20.165  Department of Business and Professional
324Regulation.-There is created a Department of Business and
325Professional Regulation.
326     (2)  The following divisions of the Department of Business
327and Professional Regulation are established:
328     (a)  Division of Administration.
329     (b)  Division of Alcoholic Beverages and Tobacco.
330     (c)  Division of Certified Public Accounting.
331     1.  The director of the division shall be appointed by the
332secretary of the department, subject to approval by a majority
333of the Board of Accountancy.
334     2.  The offices of the division shall be located in
335Gainesville.
336     (d)  Division of Florida Condominiums, Timeshares, and
337Mobile Homes.
338     (e)  Division of Hotels and Restaurants.
339     (f)  Division of Pari-mutuel Wagering.
340     (f)(g)  Division of Professions.
341     (g)(h)  Division of Real Estate.
342     1.  The director of the division shall be appointed by the
343secretary of the department, subject to approval by a majority
344of the Florida Real Estate Commission.
345     2.  The offices of the division shall be located in
346Orlando.
347     (h)(i)  Division of Regulation.
348     (i)(j)  Division of Technology.
349     (j)(k)  Division of Service Operations.
350     Section 2.  Section 20.318, Florida Statutes, is created to
351read:
352     20.318  Department of Gaming Control.-There is created a
353Department of Gaming Control.
354     (1)  GAMING COMMISSION.-The State Gaming Commission is the
355head of the Department of Gaming Control. The commission shall
356be responsible for appointing and removing the executive
357director and general counsel of the department.
358     (2)  DIVISIONS.-The Department of Gaming Control shall
359consist of the following divisions:
360     (a)  The Division of Enforcement.
361     (b)  The Division of Licensure.
362     (c)  The Division of Revenue and Audits.
363     (3)  DEFINITIONS.-As used in this section, the term:
364     (a)  "Commission" means the State Gaming Commission.
365     (b)  "Department" means the Department of Gaming Control.
366     (c)  "Gaming control" means any gaming activity,
367occupation, or profession regulated by the department.
368     (d)  "License" means any permit, registration, certificate,
369or license issued by the department.
370     (e)  "Licensee" means any person issued a permit,
371registration, certificate, or license by the department.
372     (4)  POWERS AND DUTIES.-
373     (a)  The department shall adopt rules establishing a
374procedure for the renewal of licenses.
375     (b)  The department shall submit an annual budget to the
376Legislature at a time and in the manner provided by law.
377     (c)  The department shall adopt rules pursuant to ss.
378120.536(1) and 120.54 to administer the provisions of law
379conferring duties upon it.
380     (d)  The department shall require an oath on application
381documents as required by rule, which oath must state that the
382information contained in the document is true and complete.
383     (e)  The department shall adopt rules for the control,
384supervision, and direction of all applicants, permittees, and
385licensees and for the holding, conducting, and operating of any
386gaming establishment under the jurisdiction of the department in
387this state. The department shall have the authority to suspend a
388permit or license under the jurisdiction of the department if
389such permitholder or licensee has violated any provision of
390chapter 550, chapter 551, or chapter 849 or rules adopted by the
391department. Such rules must be uniform in their application and
392effect, and the duty of exercising this control and power is
393made mandatory upon the department.
394     (f)  The department may take testimony concerning any
395matter within its jurisdiction and issue summons and subpoenas
396for any witness and subpoenas duces tecum in connection with any
397matter within the jurisdiction of the department under its seal
398and signed by the executive director.
399     (g)  In addition to the power to exclude certain persons
400from any pari-mutuel facility in this state, the department may
401exclude any person from any and all gaming establishments under
402the jurisdiction of the department in this state. The department
403may exclude from any gaming establishment under its jurisdiction
404within this state any person who has been ejected from a pari-
405mutuel facility or other gaming establishment in this state or
406who has been excluded from any pari-mutuel facility or other
407gaming establishment in another state by the governmental
408department, agency, commission, or authority exercising
409regulatory jurisdiction over such facilities in such other
410state. The department may authorize any person who has been
411ejected or excluded from establishments in this state or another
412state to enter such facilities in this state upon a finding that
413the attendance of such person would not be adverse to the public
414interest or to the integrity of the industry; however, this
415paragraph may not be construed to abrogate the common-law right
416of a pari-mutuel permitholder or a proprietor of a gaming
417establishment to exclude absolutely a patron in this state.
418     (h)  The department may collect taxes and require
419compliance with reporting requirements for financial information
420as authorized by chapter 550, chapter 551, s. 849.086, or s.
421849.094. In addition, the executive director of the department
422may require gaming establishments within its jurisdiction within
423the state to remit taxes, including fees, by electronic funds
424transfer.
425     (i)  The department may conduct investigations necessary
426for enforcing chapters 550 and 551 and ss. 849.086 and 849.094.
427     (j)  The department may impose an administrative fine for a
428violation under chapter 550, chapter 551, s. 849.086, or s.
429849.094 of not more than $10,000 for each count or separate
430offense, except as otherwise provided in chapter 550, chapter
431551, s. 849.086, or s. 849.094, and may suspend or revoke a
432permit, an operating license, or an occupational license for a
433violation under chapter 550, chapter 551, s. 849.086, or s.
434849.094. All fines imposed and collected under this paragraph
435must be deposited with the Chief Financial Officer to the credit
436of the General Revenue Fund.
437     (k)  The department shall have sole authority and power to
438make, adopt, amend, or repeal rules relating to gaming
439operations, to enforce and to carry out the provisions of
440chapters 550 and 551 and ss. 849.086 and 849.094, and to
441regulate authorized gaming activities in the state.
442     (l)  The department may contract with the Department of Law
443Enforcement, through an interagency agreement, to enforce any
444criminal law or to conduct any criminal investigation.
445     (m)  The department shall contract with the Department of
446Revenue, through an interagency agreement, to perform the tax
447collection and financial audit services for the taxes required
448to be collected by entities licensed or regulated by chapter
449550, chapter 551, or chapter 849. The interagency agreement
450shall also allow the Department of Revenue to assist in any
451financial investigations of licensees or applications for
452licenses by the Department of Gaming Control or law enforcement
453agencies.
454     (5)  FINANCIALLY DEPENDENT CHILDREN; SUPPORT.-The
455department shall work cooperatively with the Department of
456Revenue to implement an automated method for periodically
457disclosing information relating to current licensees to the
458Department of Revenue. The purpose of this subsection is to
459promote the public policy of this state as established in s.
460409.2551. The department shall, when directed by the court or
461the Department of Revenue pursuant to s. 409.2598, suspend or
462deny the license of any licensee found not to be in compliance
463with a support order, subpoena, order to show cause, or written
464agreement entered into by the licensee with the Department of
465Revenue. The department shall issue or reinstate the license
466without additional charge to the licensee when notified by the
467court or the Department of Revenue that the licensee has
468complied with the terms of the support order. The department is
469not liable for any license denial or suspension resulting from
470the discharge of its duties under this subsection.
471     (6)  LICENSING.-The department may:
472     (a)  Close and terminate deficient license application
473files 2 years after the department notifies the applicant of the
474deficiency.
475     (b)  Approve gaming-related license applications that meet
476all statutory and rule requirements for licensure.
477     Section 3.  Subsection (4) of section 120.80, Florida
478Statutes, is amended, and subsections (19) and (20) are added to
479that section, to read:
480     120.80  Exceptions and special requirements; agencies.-
481     (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.-
482     (a)  Business regulation.-The Division of Pari-mutuel
483Wagering is exempt from the hearing and notice requirements of
484ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
485boards of judges when the hearing is to be held for the purpose
486of the imposition of fines or suspensions as provided by rules
487of the Division of Pari-mutuel Wagering, but not for
488revocations, and only upon violations of subparagraphs 1.-6. The
489Division of Pari-mutuel Wagering shall adopt rules establishing
490alternative procedures, including a hearing upon reasonable
491notice, for the following violations:
492     1.  Horse riding, harness riding, greyhound interference,
493and jai alai game actions in violation of chapter 550.
494     2.  Application and usage of drugs and medication to
495horses, greyhounds, and jai alai players in violation of chapter
496550.
497     3.  Maintaining or possessing any device which could be
498used for the injection or other infusion of a prohibited drug to
499horses, greyhounds, and jai alai players in violation of chapter
500550.
501     4.  Suspensions under reciprocity agreements between the
502Division of Pari-mutuel Wagering and regulatory agencies of
503other states.
504     5.  Assault or other crimes of violence on premises
505licensed for pari-mutuel wagering.
506     6.  Prearranging the outcome of any race or game.
507     (b)  Professional regulation.-Notwithstanding s.
508120.57(1)(a), formal hearings may not be conducted by the
509Secretary of Business and Professional Regulation or a board or
510member of a board within the Department of Business and
511Professional Regulation for matters relating to the regulation
512of professions, as defined by chapter 455.
513     (19)  DEPARTMENT OF GAMING CONTROL; PARI-MUTUEL WAGERING.-
514     (a)  The department is exempt from the hearing and notice
515requirements of ss. 120.569 and 120.57(1)(a) as applied to
516stewards, judges, and boards of judges if the hearing is to be
517held for the purpose of the imposition of fines or suspension as
518provided by rules of the department, but not for revocations,
519and only to consider violations of subparagraphs (b)1.-6.
520     (b)  The department shall adopt rules establishing
521alternative procedures, including a hearing upon reasonable
522notice, for the following:
523     1.  Horse riding, harness riding, greyhound interference,
524and jai alai game actions in violation of chapter 550.
525     2.  Application and administration of drugs and medication
526to horses, greyhounds, and jai alai players in violation of
527chapter 550.
528     3.  Maintaining or possessing any device that could be used
529for the injection or other infusion of a prohibited drug into a
530horse, greyhound, or jai alai players in violation of chapter
531550.
532     4.  Suspensions under reciprocity agreements between the
533department and regulatory agencies of other states.
534     5.  Assault or other crimes of violence on premises
535licensed for pari-mutuel wagering.
536     6.  Prearranging the outcome of any race or game.
537     (20)  STATE GAMING COMMISSION.-
538     (a)  The State Gaming Commission is exempt from the hearing
539and notice requirements of ss. 120.569 and 120.57(1)(a) in
540proceedings for the issuance or denial of a destination resort
541license.
542     (b)  Section 120.60 does not apply to applications for a
543destination resort license.
544     (c)  Notwithstanding s. 120.542, the State Gaming
545Commission may not accept a petition for waiver or variance and
546may not grant any waiver or variance from the requirements of
547part III of chapter 551.
548     Section 4.  Chapter 551, Florida Statutes, consisting of
549sections 551.101 through 551.123, is designated as part II of
550that chapter and entitled "Slot Machines"; part I of that
551chapter, consisting of sections 551.002 through 551.012, as
552created by this act, is entitled "State Gaming Commission"; and
553part III of that chapter, consisting of sections 551.301 through
554551.331, as created by this act, is entitled "Destination
555Resorts."
556     Section 5.  Section 551.002, Florida Statutes, is created
557to read:
558     551.002  Definitions.-As used in this chapter, the term:
559     (1)  "Affiliate" means a person or applicant who, directly
560or indirectly, through one or more intermediaries:
561     (a)  Controls, is controlled by, or is under common control
562of;
563     (b)  Is in a partnership or joint venture relationship
564with; or
565     (c)  Is a shareholder of a corporation, a member of a
566limited liability company, or a partner in a limited liability
567partnership with,
568
569an applicant for a resort license or a resort licensee.
570     (2)  "Chair" means the chair of the State Gaming
571Commission.
572     (3)  "Commission" means the State Gaming Commission.
573     (4)  "Conflict of interest" means a situation in which the
574private interest of a member, employee, or agent of the
575commission may influence his or her judgment in the performance
576of his or her public duty under this chapter. A conflict of
577interest includes, but is not limited to:
578     (a)  Any conduct that would lead a reasonable person having
579knowledge of all of the circumstances to conclude that the
580member, employee, or agent of the commission is biased against
581or in favor of an applicant.
582     (b)  The acceptance of any form of compensation from a
583source other than the commission for any services rendered as
584part of the official duties of the member, employee, or agent of
585the commission.
586     (c)  Participation in any business transaction with or
587before the commission in which the member, employee, or agent of
588the commission, or the parent, spouse, or child of a member,
589employee, or the agent, has a financial interest.
590     (5)  "Department" means the Department of Gaming Control.
591     (6)  "Division" means the Division of Licensure of the
592department.
593     (7)  "Executive director" means the executive director of
594the department.
595     (8)  "Financial interest" or "financially interested" means
596any interest in investments or awarding of contracts, grants,
597loans, purchases, leases, sales, or similar matters under
598consideration or consummated by the commission or the
599department, or ownership in an applicant or a licensee. A
600member, employee, or agent of the commission is deemed to have a
601financial interest in a matter if:
602     (a)  The individual owns any interest in any class of
603outstanding securities that are issued by a party to the matter
604under consideration by the commission or the department, except
605indirect interests such as a mutual fund or stock portfolios; or
606     (b)  The individual is employed by or is an independent
607contractor for a party to a matter under consideration by the
608commission or the department.
609     Section 6.  Section 551.003, Florida Statutes, is created
610to read:
611     551.003  State Gaming Commission; creation and membership.-
612     (1)  CREATION.-There is created the State Gaming
613Commission. The commission shall be composed of seven members
614who are residents of the state and who have experience in
615corporate finance, tourism, convention and resort management,
616gaming, investigation or law enforcement, business law, or
617related legal experience. The members of the commission shall
618serve as the agency head of the commission. The commission is
619exempt from the provisions of s. 20.052.
620     (2)  MEMBERS.-Each member shall be appointed to a 4-year
621term. However, for the purpose of providing staggered terms, of
622the initial appointments, three members shall be appointed to 2-
623year terms and four members shall be appointed to 4-year terms.
624Terms expire on June 30. Upon the expiration of the term of a
625commissioner, a successor shall be appointed in the same manner
626as the original appointment to serve for a 4-year term. A
627commissioner whose term has expired shall continue to serve on
628the commission until such time as a replacement is appointed. If
629a vacancy on the commission occurs before the expiration of the
630term, it shall be filled for the unexpired portion of the term
631in the same manner as the original appointment.
632     (a)1.a.  One member of the commission must be a certified
633public accountant licensed in this state who possesses at least
6345 years of experience in general accounting. The member must
635also possess a comprehensive knowledge of the principles and
636practices of corporate finance or auditing, general finance,
637gaming, or economics.
638     b.  One member of the commission must have experience in
639the fields of investigation or law enforcement.
640     2.  When making appointments to the commission, the
641Governor shall announce the classification by experience of the
642person appointed.
643     (b)  A person may not be appointed to or serve as a member
644of the commission if the person:
645     1.  Is an elected state official;
646     2.  Is licensed by the commission or is an officer of, has
647a financial interest in, or has a direct or indirect contractual
648relationship with any applicant for a resort license or resort
649licensee;
650     3.  Is related to any person within the second degree of
651consanguinity of affinity who is an applicant for a license or
652awarded a license by the commission or regulated by the
653department; or
654     4.  Has, within the 10 years preceding his or her
655appointment, been under indictment for, convicted of, pled
656guilty or nolo contendere to, or forfeited bail for a felony or
657a misdemeanor involving gambling or fraud under the laws of this
658or any other state or the United States.
659     (c)  Members of the commission shall serve full time and
660receive an annual salary of $125,000. The chair shall receive an
661annual salary of $135,000.
662     (3)  CHAIR AND VICE CHAIR.-
663     (a)  The chair shall be appointed by the Governor. The vice
664chair of the commission shall be elected by the members of the
665commission during the first meeting of the commission on or
666after July 1 of each year. The chair shall be the administrative
667head of the commission. The chair shall set the agenda for each
668meeting. The chair shall approve all notices, vouchers,
669subpoenas, and reports as required by law. The chair shall
670preserve order and decorum and shall have general control of the
671commission meetings. The chair shall decide all questions of
672order. The chair may name any member of the commission to
673perform the duties of the chair for a meeting if such
674substitution does not extend beyond that meeting.
675     (b)  If for any reason the chair is absent and fails to
676name a member, the vice chair shall assume the duties of the
677chair during the chair's absence. On the death, incapacitation,
678or resignation of the chair, the vice chair shall perform the
679duties of the office until the Governor appoints a successor.
680     (c)  The administrative responsibilities of the chair are
681to plan, organize, and control administrative support services
682for the commission. Administrative functions include, but are
683not limited to, finance and accounting, revenue accounting,
684personnel, and office services.
685     (4)  QUORUM.-Four members of the commission constitute a
686quorum.
687     (5)  HEADQUARTERS.-The headquarters of the commission shall
688be located in the district as defined in s. 551.302.
689     (6)  MEETINGS.-The commission shall meet at least monthly.
690Meetings may be called by the chair or by four members of the
691commission upon 72 hours' public notice. The initial meeting of
692the commission shall be held within 30 days after the effective
693date of this section.
694     (7)  AGENCY HEAD.-The commission shall serve as the agency
695head of the department for purposes of chapter 120. The
696executive director of the commission may serve as the agency
697head for purposes of final agency action under chapter 120 for
698all areas within the regulatory authority delegated to the
699executive director's office.
700     Section 7.  Effective upon this act becoming a law, section
701551.004, Florida Statutes, is created to read:
702     551.004  State Gaming Commission Nominating Committee.-
703     (1)(a)  There is created a State Gaming Commission
704Nominating Committee consisting of six members. Three members of
705the committee shall be members of the House of Representatives,
706one of whom shall be a member of the minority party, who shall
707be appointed by and serve at the pleasure of the Speaker of the
708House of Representatives. Three members of the committee shall
709be members of the Senate, one of whom shall be a member of the
710minority party, who shall be appointed by and serve at the
711pleasure of the President of the Senate. Initial appointments
712under this section shall be made within 10 days after the
713effective date of this section.
714     (b)  The members shall serve 2-year terms concurrent with
715the 2-year elected terms of House of Representatives members,
716except that the initial members shall serve until the end of
717their elected terms. Members may be appointed to two 2-year
718terms. Vacancies on the committee shall be filled for the
719unexpired portion of the term in the same manner as original
720appointments to the committee.
721     (c)  The President of the Senate shall appoint the chair of
722the committee in even-numbered years and the vice chair in odd-
723numbered years, and the Speaker of the House of Representatives
724shall appoint the chair of the committee in odd-numbered years
725and the vice chair in even-numbered years, from among the
726council membership.
727     (2)  A member of the committee shall serve at the pleasure
728of the presiding officer who appointed the member and may not
729create the appearance of impropriety.
730     (3)  A majority of the membership of the committee may
731conduct any business before the committee. All meetings and
732proceedings of the committee shall be staffed by the Office of
733Legislative Services and shall be subject to ss. 119.07 and
734286.011. Members of the committee are entitled to receive per
735diem and travel expenses as provided in s. 112.061. Applicants
736invited for interviews before the committee may, at the
737discretion of the committee, receive per diem and travel
738expenses as provided in s. 112.061. The committee shall
739establish policies and procedures to govern the process by which
740applicants for appointment to the commission are nominated.
741     (4)(a)  The committee may spend a nominal amount, not to
742exceed $10,000, to advertise a vacancy on the commission.
743     (b)  For initial selection of an executive director for the
744Department of Gaming Control, the committee may advertise and
745receive applications for employment as the executive director.
746The committee shall provide the commission with all applications
747received.
748     (5)  A person may not be nominated to the Governor for
749appointment to the commission until the committee has determined
750that the person is competent and knowledgeable in one or more
751fields as specified in s. 551.003 and the requirements for
752appointees under s. 551.003 are met.
753     (6)  It is the responsibility of the committee to nominate
754to the Governor no fewer than three persons for each vacancy
755occurring on the commission. The committee shall submit
756recommendations for the initial appointments to the commission
757to the Governor within 60 days after the effective date of this
758section. Thereafter, the committee shall submit the
759recommendations to the Governor by March 15 of those years in
760which the terms are to begin the following July, or within 60
761days after a vacancy occurs for any reason other than the
762expiration of the term.
763     (7)  The Governor shall, pursuant to this section and s.
764551.003, make initial appointments to the commission within 60
765days after receiving the recommended nominees under this section
766and fill any vacancy occurring on the commission by appointment
767of one of the applicants nominated by the committee. An
768appointment may be made only after a background investigation of
769such applicant has been conducted by the Department of Law
770Enforcement.
771     (8)  Members of the commission shall be appointed by the
772Governor and, notwithstanding s. 114.05(1)(e) and (f), shall be
773subject to confirmation by the Senate under the following
774conditions. The Senate may consider the appointment during the
775regular session immediately following the effective date of the
776appointment or during any subsequent regular or special session
777during the term of the member. The Senate may confirm or refuse
778to confirm the appointment during any regular or special
779session.
780     (9)  When the Governor makes an appointment to fill a
781vacancy occurring due to expiration of the term, and that
782appointment has not been confirmed by the Senate before the
783appointing Governor's term ends, a successor Governor may,
784within 30 days after taking office, recall the appointment and,
785prior to the first day of the next regular session, make a
786replacement appointment from the list provided to the previous
787Governor by the committee. Such an appointment is subject to
788confirmation by the Senate pursuant to subsection (8).
789     Section 8.  Section 551.006, Florida Statutes, is created
790to read:
791     551.006  Executive director.-The commission shall, pursuant
792to s. 20.05, appoint or remove the executive director of the
793department by a majority vote. An interim executive director
794shall be appointed within 10 days after the initial meeting of
795the commission.
796     (1)  The executive director:
797     (a)  Shall devote full time to the duties of the office;
798     (b)  May not hold any other office or employment;
799     (c)  Shall perform all duties assigned by the commission;
800and
801     (d)  May hire assistants, consultants, and employees as
802necessary to conduct the business of the commission.
803     (2)(a)  The executive director may not employ a person who,
804during the 3 years immediately preceding employment, held a
805direct or indirect interest in, or was employed by:
806     1.  A resort licensee or supplier licensee;
807     2.  An applicant for a resort license or an applicant for a
808similar license in another jurisdiction;
809     3.  An entity licensed to operate a gaming facility in
810another state;
811     4.  A pari-mutuel gaming facility licensed to operate in
812this state; or
813     5.  A tribal gaming facility within this state.
814     (b)  Notwithstanding paragraph (a), a person may be
815employed by the commission if the commission finds that the
816person's former interest in any licensee will not interfere with
817the objective discharge of the person's employment obligations.
818However, a person may not be employed by the commission if:
819     1.  The person's interest in an applicant, licensee, or
820tribal facility constituted a controlling interest; or
821     2.  The person or the person's spouse, parent, child,
822child's spouse, or sibling is a member of the commission, or a
823director of, or a person financially interested in, an applicant
824or a licensee.
825     Section 9.  Section 551.007, Florida Statutes, is created
826to read:
827     551.007  Law enforcement.-
828     (1)  The department may employ sworn law enforcement
829officers meeting the qualifications and certification
830requirements under paragraph (a), and hire and train personnel
831to be employed as sworn law enforcement officers, to enforce any
832criminal law, conduct any criminal investigation, or enforce any
833statute within the jurisdiction of the department.
834     (a)  Each law enforcement officer must meet the
835qualifications for law enforcement officers under s. 943.13 and
836must be certified as a law enforcement officer by the Department
837of Law Enforcement. Upon certification, each law enforcement
838officer is subject to and has the authority provided to law
839enforcement officers generally under chapter 901 and has
840statewide jurisdiction.
841     (b)  Each law enforcement officer has arrest authority as
842provided for state law enforcement officers under s. 901.15, and
843full law enforcement powers granted to other officers of this
844state, including the authority to make arrests, carry firearms,
845serve court process, and seize contraband and proceeds from
846illegal activities.
847     (c)  Each law enforcement officer of the commission, upon
848certification under s. 943.1395, has the same right and
849authority to carry arms as do the sheriffs of this state.
850     (2)  The department may also, by interagency agreement,
851employ the Department of Law Enforcement to enforce any criminal
852law, conduct any criminal investigation, or enforce any statute
853within the jurisdiction of the commission or the department.
854     Section 10.  Section 551.008, Florida Statutes, is created
855to read:
856     551.008  Code of ethics.-
857     (1)  The commission shall adopt a code of ethics by rule
858for its members, employees, and agents.
859     (2)  A member of the commission or the executive director
860may not hold a direct or indirect interest in, be employed by,
861or enter into a contract for services with an applicant or
862person licensed by the commission for a period of 3 years after
863the date of termination of the person's membership on or
864employment with the commission.
865     (3)  An employee of the commission may not acquire a direct
866or indirect interest in, be employed by, or enter into a
867contract for services with an applicant or person licensed by
868the commission for a period of 3 years after the date of
869termination of the person's employment with the commission.
870     (4)  A commission member or a person employed by the
871commission may not represent a person or party other than the
872state before or against the commission for a period of 3 years
873after the date of termination of the member's term of office or
874the employee's period of employment with the commission.
875     (5)  A business entity in which a former commission member,
876employee, or agent has an interest, or any partner, officer, or
877employee of that business entity, may not appear before or
878represent another person before the commission if the former
879commission member, employee, or agent would be prohibited from
880doing so. As used in this subsection, the term "business entity"
881means a corporation, limited liability company, partnership,
882limited liability partnership association, trust, or other form
883of legal entity.
884     (6)  A member, employee, or agent of the commission may
885not, during the duration of the person's appointment or
886employment:
887     (a)  Use the person's official authority or influence for
888the purpose of interfering with or affecting the result of an
889election;
890     (b)  Run for nomination or as a candidate for election to
891any partisan or nonpartisan political office; or
892     (c)  Knowingly solicit or discourage the participation in
893any political activity of any person who is:
894     1.  Applying for any compensation, grant, contract, ruling,
895license, permit, or certificate pending before the commission;
896or
897     2.  The subject of or a participant in an ongoing audit,
898investigation, or enforcement action being carried out by the
899commission.
900     (7)  A former member, employee, or agent of the commission
901may appear before the commission as a witness testifying as to
902factual matters or actions handled by the former member,
903employee, or agent during his or her tenure with the commission.
904However, the former member, employee, or agent of the commission
905may not receive compensation for the appearance other than a
906standard witness fee and reimbursement for travel expenses as
907established by statute or rules governing administrative
908proceedings before the Division of Administrative Hearings.
909     (8)(a)  The executive director must approve outside
910employment for an employee or agent of the commission.
911     (b)  An employee or agent of the commission granted
912permission for outside employment may not conduct any business
913or perform any activities, including solicitation, related to
914outside employment on premises used by the commission or during
915the employee's working hours for the commission.
916     (c)  As used in this subsection, the term "outside
917employment" includes, but is not limited to:
918     1.  Operating a proprietorship;
919     2.  Participating in a partnership or group business
920enterprise; or
921     3.  Performing as a director or corporate officer of any
922for-profit corporation or banking or credit institution.
923     (9)  A member, employee, or agent of the commission may not
924participate in or wager on any game conducted by any resort
925licensee or applicant or any affiliate of a licensee or
926applicant regulated by the commission in this state or in any
927other jurisdiction, except as required as part of the person's
928surveillance, security, or other official duties.
929     Section 11.  Section 551.009, Florida Statutes, is created
930to read:
931     551.009  Disclosures by commissioners, employees, and
932agents.-
933     (1)  COMMISSIONERS.-
934     (a)  Each member of the commission must file a financial
935disclosure statement pursuant to s. 112.3145.
936     (b)  Each member must disclose information required by
937rules of the commission to ensure the integrity of the
938commission and its work.
939     (c)  By January 1 of each year, each member must file a
940statement with the commission:
941     1.  Affirming that neither the member, nor the member's
942spouse, parent, child, or child's spouse, is a member of the
943board of directors of, financially interested in, or employed by
944an applicant or resort licensee.
945     2.  Affirming that the member is in compliance with part
946III and the rules of the commission.
947     3.  Disclosing any legal or beneficial interest in real
948property that is or may be directly or indirectly involved with
949activities or persons regulated by the commission.
950     (d)  Each member must disclose involvement with any gaming
951interest in the 3 years preceding appointment as a member.
952     (2)  EMPLOYEES AND AGENTS.-
953     (a)  The executive director and each managerial employee
954and agent, as determined by the commission, must file a
955financial disclosure statement pursuant to s. 112.3145. All
956employees and agents must comply with the provisions of chapter
957112.
958     (b)  The executive director and each managerial employee
959and agent identified by rule of the commission must disclose
960information required by rules of the commission to ensure the
961integrity of the commission and its work.
962     (c)  By January 31 of each year, each employee and agent of
963the commission must file a statement with the commission:
964     1.  Affirming that neither the employee, nor the employee's
965spouse, parent, child, or child's spouse, is financially
966interested in or employed by an applicant or licensee.
967     2.  Affirming that the person does not have any financial
968interest prohibited by laws or rules administered by the
969commission.
970     3.  Disclosing any legal or beneficial interest in real
971property that is or may be directly or indirectly involved with
972activities or persons regulated by the commission.
973     (d)  Each employee or agent of the commission must disclose
974involvement with any gaming interest during the 3 years before
975employment.
976     (3)  CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.-
977     (a)  A member, employee, or agent of the commission who
978becomes aware that the member, employee, or agent of the
979commission or his or her spouse, parent, or child is a member of
980the board of directors of, financially interested in, or
981employed by an applicant or licensee must immediately provide
982detailed written notice to the chair.
983     (b)  A member, employee, or agent of the commission must
984immediately provide detailed written notice of the circumstances
985to the chair if the member, employee, or agent is indicted,
986charged with, convicted of, pleads guilty or nolo contendere to,
987or forfeits bail for:
988     1.  A misdemeanor involving gambling, dishonesty, theft, or
989fraud;
990     2.  A violation of any law in any state, or a law of the
991United States or any other jurisdiction, involving gambling,
992dishonesty, theft, or fraud which substantially corresponds to a
993misdemeanor in this state; or
994     3.  A felony under the laws of this or any other state, the
995United States, or any other jurisdiction.
996     (c)  A member, employee, or agent of the commission who is
997negotiating for an interest in a licensee or an applicant, or is
998affiliated with such a person, must immediately provide written
999notice of the details of the interest to the chair. The member,
1000employee, or agent of the commission may not act on behalf of
1001the commission with respect to that person.
1002     (d)  A member, employee, or agent of the commission may not
1003enter into negotiations for employment with any person or
1004affiliate of any person who is an applicant, licensee, or
1005affiliate. If a member, employee, or agent of the commission
1006enters into negotiations for employment in violation of this
1007paragraph or receives an invitation, written or oral, to
1008initiate a discussion concerning employment with any person who
1009is a licensee, applicant, or affiliate, he or she must
1010immediately provide written notice of the details of any such
1011negotiations or discussions to the chair. The member, employee,
1012or agent of the commission may not take any action on behalf of
1013the commission with respect to that licensee or applicant.
1014     (e)  A licensee or applicant may not knowingly initiate a
1015negotiation for, or discussion of, employment with a member,
1016employee, or agent of the commission. A licensee or applicant
1017who initiates a negotiation or discussion about employment shall
1018immediately provide written notice of the details of the
1019negotiation or discussion to the chair as soon as that person
1020becomes aware that the negotiation or discussion has been
1021initiated with a member, employee, or agent of the commission.
1022     (f)  A member, employee, or agent of the commission, or a
1023parent, spouse, sibling, or child of a member, employee, or
1024agent of the commission, may not accept any gift, gratuity,
1025compensation, travel, lodging, or anything of value, directly or
1026indirectly, from a licensee, applicant, or affiliate or
1027representative of a person regulated by the commission. A
1028member, employee, or agent of the commission who is offered or
1029receives any gift, gratuity, compensation, travel, lodging, or
1030anything of value, directly or indirectly, from any licensee,
1031applicant, or affiliate or representative of a person regulated
1032by the commission must immediately provide written notice of the
1033details to the chair.
1034     (g)  A licensee, applicant, or affiliate or representative
1035of an applicant or licensee may not, directly or indirectly,
1036knowingly give or offer to give any gift, gratuity,
1037compensation, travel, lodging, or anything of value to any
1038member or employee, or to a parent, spouse, sibling, or child of
1039a member, employee, or agent, which the member or employee is
1040prohibited from accepting under paragraph (f).
1041     (h)  A member, employee, or agent of the commission may not
1042engage in any conduct that constitutes a conflict of interest
1043and must immediately advise the chair in writing of the details
1044of any incident or circumstance that would suggest the existence
1045of a conflict of interest with respect to the performance of
1046commission-related work or duty of the member, employee, or
1047agent of the commission.
1048     (i)  A member, employee, or agent of the commission who is
1049approached and offered a bribe must immediately provide a
1050written account of the details of the incident to the chair and
1051to a law enforcement agency having jurisdiction over the matter.
1052     Section 12.  Section 551.011, Florida Statutes, is created
1053to read:
1054     551.011  Ex parte communications.-
1055     (1)  A licensee, applicant, or affiliate or representative
1056of an applicant or licensee may not engage directly or
1057indirectly in ex parte communications concerning a pending
1058application, license, or enforcement action with a member of the
1059commission or concerning a matter that likely will be pending
1060before the commission. A member of the commission may not engage
1061directly or indirectly in any ex parte communications concerning
1062a pending application, license, or enforcement action with
1063members of the commission, or with a licensee, applicant, or
1064affiliate or representative of an applicant or licensee, or
1065concerning a matter that likely will be pending before the
1066commission.
1067     (2)  Any commission member, licensee, applicant, or
1068affiliate or representative of a commission member, licensee, or
1069applicant who receives any ex parte communication in violation
1070of subsection (1), or who is aware of an attempted communication
1071in violation of subsection (1), must immediately report details
1072of the communication or attempted communication in writing to
1073the chair.
1074     (3)  If a commissioner knowingly receives an ex parte
1075communication relative to a proceeding to which he or she is
1076assigned, he or she must place on the record copies of all
1077written communications received, copies of all written responses
1078to the communications, and a memorandum stating the substance of
1079all oral communications received and all oral responses made,
1080and shall give written notice to all parties to the
1081communication that such matters have been placed on the record.
1082Any party who desires to respond to an ex parte communication
1083may do so. The response must be received by the commission
1084within 10 days after receiving notice that the ex parte
1085communication has been placed on the record. The commissioner
1086may, if he or she deems it necessary to eliminate the effect of
1087an ex parte communication received by him or her, withdraw from
1088the proceeding potentially impacted by the ex parte
1089communication. After a commissioner withdraws from the
1090proceeding, the chair shall substitute another commissioner for
1091the proceeding if the proceeding was not assigned to the full
1092commission.
1093     (4)  Any individual who makes an ex parte communication
1094must submit to the commission a written statement describing the
1095nature of the communication, including the name of the person
1096making the communication, the name of the commissioner or
1097commissioners receiving the communication, copies of all written
1098communications made, all written responses to such
1099communications, and a memorandum stating the substance of all
1100oral communications received and all oral responses made. The
1101commission shall place on the record of a proceeding all such
1102communications.
1103     (5)  A member of the commission who knowingly fails to
1104place on the record any ex parte communications, in violation of
1105this section, within 15 days after the date of the communication
1106is subject to removal and may be assessed a civil penalty not to
1107exceed $25,000.
1108     (6)  The Commission on Ethics shall receive and investigate
1109sworn complaints of violations of this section pursuant to ss.
1110112.322-112.3241.
1111     (7)  If the Commission on Ethics finds that a member of the
1112commission has violated this section, it shall provide the
1113Governor with a report of its findings and recommendations. The
1114Governor may enforce the findings and recommendations of the
1115Commission on Ethics pursuant to part III of chapter 112.
1116     (8)  If a commissioner fails or refuses to pay the
1117Commission on Ethics any civil penalties assessed pursuant to
1118this section, the Commission on Ethics may bring an action in
1119any circuit court to enforce such penalty.
1120     (9)  If, during the course of an investigation by the
1121Commission on Ethics into an alleged violation of this section,
1122allegations are made as to the identity of the person who
1123participated in the ex parte communication, that person must be
1124given notice and an opportunity to participate in the
1125investigation and relevant proceedings to present a defense. If
1126the Commission on Ethics determines that the person participated
1127in the ex parte communication, the person may not appear before
1128the commission or otherwise represent anyone before the
1129commission for 2 years.
1130     Section 13.  Section 551.012, Florida Statutes, is created
1131to read:
1132     551.012  Penalties for misconduct by a commissioner,
1133employee, or agent.-
1134     (1)  A violation of this chapter by a member of the
1135commission may result in disqualification or constitute cause
1136for removal by the Governor or other disciplinary action as
1137determined by the commission.
1138     (2)  A violation of this chapter by an employee or agent of
1139the commission does not require termination of employment or
1140other disciplinary action if:
1141     (a)  The commission determines that the conduct involved
1142does not violate the purposes this chapter; or
1143     (b)  There was no intentional action on the part of the
1144employee or agent, contingent on divestment of any financial
1145interest within 30 days after the interest was acquired.
1146     (3)  Notwithstanding subsection (2), an employee or agent
1147of the commission who violates this chapter shall be terminated
1148if a financial interest in a licensee, applicant, or affiliate
1149or representative of a licensee or applicant is acquired by:
1150     (a)  An employee of the commission; or
1151     (b)  The employee's or agent's spouse, parent, or child.
1152     (4)  A violation of this chapter does not create a civil
1153cause of action.
1154     Section 14.  Section 551.301, Florida Statutes, is created
1155to read:
1156     551.301  This part may be cited as the "Destination Resort
1157Act" or the "Resort Act."
1158     Section 15.  Section 551.302, Florida Statutes, is created
1159to read:
1160     551.302  Definitions.-As used in this part, the term:
1161     (1)  "Ancillary areas" includes the following areas within
1162a limited gaming facility, unless the context otherwise
1163requires:
1164     (a)  Major aisles, the maximum area of which may not exceed
1165the limit within any part of the limited gaming facility as
1166specified by the commission.
1167     (b)  Back-of-house facilities.
1168     (c)  Any reception or information counter.
1169     (d)  Any area designated for the serving or consumption of
1170food and beverages.
1171     (e)  Any retail outlet.
1172     (f)  Any area designated for performances.
1173     (g)  Any area designated for aesthetic or decorative
1174displays.
1175     (h)  Staircases, staircase landings, escalators, lifts, and
1176lift lobbies.
1177     (i)  Bathrooms.
1178     (j)  Any other area that is not intended to be used for the
1179conduct or playing of games or as a gaming pit as defined by
1180rules of the commission or specified in the application for the
1181destination resort license.
1182     (2)  "Applicant," as the context requires, means a person
1183who applies for a resort license, supplier license, or
1184occupational license. A county, municipality, or other unit of
1185government is prohibited from applying for a resort license.
1186     (3)  "Credit" means the method by which a licensee issues
1187chips or tokens to a wagerer of the licensee to play games or
1188slot machines, in return for which the wagerer executes a credit
1189instrument to evidence the debt owed. The issuance of credit to
1190a wagerer may not be deemed a loan from the licensee to the
1191wagerer.
1192     (4)  "Destination resort" or "resort" means a freestanding,
1193land-based structure in which limited gaming may be conducted. A
1194destination resort is a mixed-use development consisting of a
1195combination of various tourism amenities and facilities,
1196including, but not limited to, hotels, villas, restaurants,
1197limited gaming facilities, convention facilities, attractions,
1198entertainment facilities, service centers, and shopping centers.
1199     (5)  "Destination resort license" or "resort license" means
1200a license to operate and maintain a destination resort having a
1201limited gaming facility.
1202     (6)  "District" means a county in which a majority of the
1203electors voting in a countywide referendum have approved the
1204conduct of slot machine gaming as defined in s. 551.102 or a
1205majority of the electors voting in a countywide referendum have
1206passed a referendum allowing for limited gaming.
1207     (7)  "Gaming pit" means an area commonly known as a gaming
1208pit or any similar area from which limited gaming employees
1209administer and supervise the games.
1210     (8)  "Gross receipts" means the total of cash or cash
1211equivalents received or retained as winnings by a resort
1212licensee and the compensation received for conducting any game
1213in which the resort licensee is not party to a wager, less cash
1214taken in fraudulent acts perpetrated against the resort licensee
1215for which the resort licensee is not reimbursed. The term does
1216not include:
1217     (a)  Counterfeit money or tokens;
1218     (b)  Coins of other countries which are received in gaming
1219devices and which cannot be converted into United States
1220currency;
1221     (c)  Promotional credits or free play as provided by the
1222resort licensee as a means of marketing the limited gaming
1223facility; or
1224     (d)  The amount of any credit extended until collected.
1225     (9)  "Individual" means a natural person.
1226     (10)  "Institutional investor" means, but is not limited
1227to:
1228     (a)  A retirement fund administered by a public agency for
1229the exclusive benefit of federal, state, or county public
1230employees.
1231     (b)  An employee benefit plan or pension fund that is
1232subject to the Employee Retirement Income Security Act of 1974.
1233     (c)  An investment company registered under the Investment
1234Company Act of 1940.
1235     (d)  A collective investment trust organized by a bank
1236under 12 C.F.R. part 9, s. 9.18.
1237     (e)  A closed-end investment trust.
1238     (f)  A life insurance company or property and casualty
1239insurance company.
1240     (g)  A financial institution.
1241     (h)  An investment advisor registered under the Investment
1242Advisers Act of 1940.
1243     (i)  Such other persons as the commission may determine for
1244reasons consistent with the policies of this part.
1245     (11)  "Junket enterprise" means any person who, for
1246compensation, employs or otherwise engages in the procurement or
1247referral of persons for a junket to a destination resort
1248licensed under this part regardless of whether those activities
1249occur within this state. The term does not include a resort
1250licensee or applicant for a resort license or a person holding
1251an occupational license.
1252     (12)  "License," as the context requires, means a resort
1253license, supplier license, or occupational license.
1254     (13)  "Licensee," as the context requires, means a person
1255who is licensed as a resort licensee, supplier licensee, or
1256occupational licensee.
1257     (14)  "Limited gaming," "game," or "gaming," as the context
1258requires, means the games authorized under this part in a
1259limited gaming facility, including, but not limited to, those
1260commonly known as baccarat, twenty-one, poker, craps, slot
1261machines, video gaming of chance, roulette wheels, Klondike
1262tables, punch-board, faro layout, numbers ticket, push car, jar
1263ticket, pull tab, or their common variants, or any other game of
1264chance or wagering device that is authorized by the commission.
1265     (15)  "Limited gaming employee" or "gaming employee" means
1266any employee of a resort licensee, including, but not limited
1267to:
1268     (a)  Cashiers.
1269     (b)  Change personnel.
1270     (c)  Count room personnel.
1271     (d)  Slot machine attendants.
1272     (e)  Hosts or other individuals authorized to extend
1273complimentary services, including employees performing functions
1274similar to those performed by a representative for a junket
1275enterprise.
1276     (f)  Machine mechanics and computer technicians performing
1277duties on machines with gaming-related functions or table game
1278device technicians.
1279     (g)  Security personnel.
1280     (h)  Surveillance personnel.
1281     (i)  Promotional play supervisors, credit supervisors, pit
1282supervisors, cashier supervisors, gaming shift supervisors,
1283table game managers, assistant managers, and other supervisors
1284and managers.
1285     (j)  Boxmen.
1286     (k)  Dealers or croupiers.
1287     (l)  Floormen.
1288     (m)  Personnel authorized to issue promotional credits.
1289     (n)  Personnel authorized to issue credit.
1290
1291The term does not include bartenders, cocktail servers, or other
1292persons engaged in preparing or serving food or beverages,
1293clerical or secretarial personnel, parking attendants,
1294janitorial staff, stage hands, sound and light technicians, and
1295other nongaming personnel as determined by the commission. The
1296term includes a person employed by a person or entity other than
1297a resort licensee who performs the functions of a limited gaming
1298employee.
1299     (16)  "Limited gaming facility" means the limited gaming
1300floor and any ancillary areas.
1301     (17)  "Limited gaming floor" means the approved gaming area
1302of a resort. Ancillary areas in or directly adjacent to the
1303gaming area are not part of the limited gaming floor for
1304purposes of calculating the size of the limited gaming floor.
1305     (18)  "Managerial employee" has the same meaning as in s.
1306447.203(4).
1307     (19)  "Occupational licensee" means a person who is
1308licensed to be a limited gaming employee.
1309     (20)  "Qualifier" means an affiliate, affiliated company,
1310officer, director, or managerial employee of an applicant for a
1311resort license, or a person who holds a direct or indirect
1312equity interest in the applicant. The term may include an
1313institutional investor. As used in this subsection, the terms
1314"affiliate," "affiliated company," and "a person who holds a
1315direct or indirect equity interest in the applicant" do not
1316include a partnership, a joint venture relationship, a
1317shareholder of a corporation, a member of a limited liability
1318company, or a partner in a limited liability partnership that
1319has a direct or indirect equity interest in the applicant for a
1320resort license of 5 percent or less and is not involved in the
1321gaming operations as defined by the rules of the commission.
1322     (21)  "Supplier licensee" or "supplier" means a person who
1323is licensed to furnish gaming equipment, devices, or supplies or
1324other goods or services to a resort licensee.
1325     (22)  "Wagerer" means a person who plays a game authorized
1326under this part.
1327     Section 16.  Section 551.304, Florida Statutes, is created
1328to read:
1329     551.304  State Gaming Commission; powers and duties.-
1330     (1)  The commission shall:
1331     (a)  Authorize limited gaming at three destination resorts.
1332     (b)  Conduct such investigations as necessary to fulfill
1333its responsibilities.
1334     (c)  Use an invitation to negotiate process for applicants
1335based on minimum requirements established by this part and rules
1336of the commission.
1337     (d)  Investigate applicants for a resort license and
1338determine the eligibility of applicants for a resort license and
1339select from competing applicants the applicant that best serves
1340the interests of the residents of Florida, based on the
1341potential for economic development presented by the applicant's
1342proposed investment in infrastructure, such as hotels and other
1343nongaming entertainment facilities, and the applicant's ability
1344to maximize revenue for the state.
1345     (e)  Grant a license to the applicant best suited to
1346operate a destination resort that has limited gaming.
1347     (f)  Establish and collect fees for performing background
1348checks on all applicants for licenses and all persons with whom
1349the commission may contract for the providing of goods or
1350services and for performing, or having performed, tests on
1351equipment and devices to be used in a limited gaming facility.
1352     (g)  Issue subpoenas for the attendance of witnesses and
1353subpoenas duces tecum for the production of books, records, and
1354other pertinent documents as provided by law, and to administer
1355oaths and affirmations to the witnesses, if, in the judgment of
1356the commission, it is necessary to enforce this part or
1357commission rules. If a person fails to comply with a subpoena,
1358the commission may petition the circuit court of the county in
1359which the person subpoenaed resides or has his or her principal
1360place of business for an order requiring the subpoenaed person
1361to appear and testify and to produce books, records, and
1362documents as specified in the subpoena. The court may grant
1363legal, equitable, or injunctive relief, which may include, but
1364is not limited to, issuance of a writ of ne exeat or restraint
1365by injunction or appointment of a receiver of any transfer,
1366pledge, assignment, or other disposition of such person's assets
1367or any concealment, alteration, destruction, or other
1368disposition of subpoenaed books, records, or documents, as the
1369court deems appropriate, until the person subpoenaed has fully
1370complied with the subpoena and the commission has completed the
1371audit, examination, or investigation. The commission is entitled
1372to the summary procedure provided in s. 51.011, and the court
1373shall advance the cause on its calendar. Costs incurred by the
1374commission to obtain an order granting, in whole or in part,
1375such petition for enforcement of a subpoena shall be charged
1376against the subpoenaed person, and failure to comply with such
1377order is a contempt of court.
1378     (h)  The commission shall require each applicant for a
1379destination resort license to produce the information,
1380documentation, and assurances as may be necessary to establish
1381by clear and convincing evidence the integrity of all financial
1382backers, investors, mortgagees, bondholders, and holders of
1383indentures, notes or other evidences of indebtedness, either in
1384effect or proposed. Any such banking or lending institution and
1385institutional investors may be waived from qualification
1386requirements. However, banking or lending institutions or
1387institutional investors shall produce for the board upon request
1388any document or information that bears any relation to the
1389proposal submitted by the applicant or applicants. The integrity
1390of the financial sources shall be judged upon the same standards
1391as the applicant or applicants. Any such person or entity shall
1392produce for the commission upon request any document or
1393information that bears any relation to the application. In
1394addition, the applicant shall produce whatever information,
1395documentation, or assurances the commission requires to
1396establish by clear and convincing evidence the adequacy of
1397financial resources.
1398     (i)  Require or permit a person to file a statement in
1399writing, under oath or otherwise as the commission or its
1400designee requires, as to all the facts and circumstances
1401concerning the matter to be audited, examined, or investigated.
1402     (j)  Keep accurate and complete records of its proceedings
1403and to certify the records as may be appropriate.
1404     (k)  Take any other action as may be reasonable or
1405appropriate to enforce this part and rules adopted by the
1406commission.
1407     (l)  Apply for injunctive or declaratory relief in a court
1408of competent jurisdiction to enforce this part and any rules
1409adopted by the commission.
1410     (m)  Establish field offices, as deemed necessary by the
1411commission.
1412     (2)  The Department of Law Enforcement and local law
1413enforcement agencies may investigate any criminal violation of
1414law occurring at a destination resort. Such investigations may
1415be conducted in conjunction with the appropriate state attorney.
1416     (3)(a)  The commission, the Department of Law Enforcement,
1417and local law enforcement agencies shall have unrestricted
1418access to the limited gaming facility at all times and shall
1419require of each resort licensee strict compliance with the laws
1420of this state relating to the transaction of such business. The
1421commission and the Department of Law Enforcement may:
1422     1.  Inspect and examine premises where authorized limited
1423gaming devices are offered for play.
1424     2.  Inspect slot machines, other authorized gaming devices,
1425and related equipment and supplies.
1426     (b)  In addition, the commission may:
1427     1.  Collect taxes, assessments, fees, and penalties.
1428     2.  Deny, revoke, or suspend a license of, or place
1429conditions on, a licensee who violates any provision of this
1430part, a rule adopted by the commission, or an order of the
1431commission.
1432     (4)  The commission must revoke or suspend the license of
1433any person who is no longer qualified or who is found, after
1434receiving a license, to have been unqualified at the time of
1435application for the license.
1436     (5)  This section does not:
1437     (a)  Prohibit the Department of Law Enforcement or any law
1438enforcement authority whose jurisdiction includes a resort
1439licensee or a supplier licensee from conducting investigations
1440of criminal activities occurring at the facilities of a resort
1441licensee or supplier licensee;
1442     (b)  Restrict access to the limited gaming facility by the
1443Department of Law Enforcement or any local law enforcement
1444authority whose jurisdiction includes a resort licensee's
1445facility; or
1446     (c)  Restrict access by the Department of Law Enforcement
1447or a local law enforcement agency to information and records
1448necessary for the investigation of criminal activity which are
1449contained within the facilities of a resort licensee or supplier
1450licensee.
1451     Section 17.  Section 551.305, Florida Statutes, is created
1452to read:
1453     551.305  Rulemaking.-
1454     (1)  The commission shall adopt all rules necessary to
1455implement, administer, and regulate limited gaming under this
1456part. The rules must include:
1457     (a)  The types of limited gaming activities to be conducted
1458and the rules for those games, including any restriction upon
1459the time, place, and structures where limited gaming is
1460authorized.
1461     (b)  Requirements, procedures, qualifications, and grounds
1462for the issuance, renewal, revocation, suspension, and summary
1463suspension of a resort license, supplier license, or
1464occupational license.
1465     (c)  Requirements for the disclosure of the complete
1466financial interests of licensees and applicants for licenses.
1467     (d)  Technical requirements and the qualifications that are
1468necessary to receive a license.
1469     (e)  Procedures to scientifically test and technically
1470evaluate slot machines and other authorized gaming devices for
1471compliance with this part and the rules adopted by the
1472commission. The commission may contract with an independent
1473testing laboratory to conduct any necessary testing. The
1474independent testing laboratory must have a national reputation
1475for being demonstrably competent and qualified to scientifically
1476test and evaluate slot machines and other authorized gaming
1477devices. An independent testing laboratory may not be owned or
1478controlled by a licensee. The use of an independent testing
1479laboratory for any purpose related to the conduct of slot
1480machine gaming and other authorized gaming by a resort licensee
1481shall be made from a list of laboratories approved by the
1482commission.
1483     (f)  Procedures relating to limited gaming revenues,
1484including verifying and accounting for such revenues, auditing,
1485and collecting taxes and fees.
1486     (g)  Requirements for limited gaming equipment, including
1487the types and specifications of all equipment and devices that
1488may be used in limited gaming facilities.
1489     (h)  Procedures for regulating, managing, and auditing the
1490operation, financial data, and program information relating to
1491limited gaming which allow the commission and the Department of
1492Law Enforcement to audit the operation, financial data, and
1493program information of a resort licensee, as required by the
1494commission or the Department of Law Enforcement, and provide the
1495commission and the Department of Law Enforcement with the
1496ability to monitor, at any time on a real-time basis, wagering
1497patterns, payouts, tax collection, and compliance with any rules
1498adopted by the commission for the regulation and control of
1499limited gaming. Such continuous and complete access, at any time
1500on a real-time basis, shall include the ability of either the
1501commission or the Department of Law Enforcement to suspend play
1502immediately on particular slot machines or other gaming devices
1503if monitoring of the facilities-based computer system indicates
1504possible tampering or manipulation of those slot machines or
1505gaming devices or the ability to suspend play immediately of the
1506entire operation if the tampering or manipulation is of the
1507computer system itself. The commission shall notify the
1508Department of Law Enforcement and the Department of Law
1509Enforcement shall notify the commission, as appropriate,
1510whenever there is a suspension of play pursuant this paragraph.
1511The commission and the Department of Law Enforcement shall
1512exchange information that is necessary for, and cooperate in the
1513investigation of, the circumstances requiring suspension of play
1514pursuant to this paragraph.
1515     (i)  Procedures for requiring each resort licensee at his
1516or her own cost and expense to supply the commission with a bond
1517as required.
1518     (j)  The requirements for an applicant to demonstrate that
1519it has received conceptual approval for the destination resort
1520proposal from the municipality and county in which the resort
1521will be located.
1522     (k)  Procedures for requiring licensees to maintain and to
1523provide to the commission records, data, information, or
1524reports, including financial and income records.
1525     (l)  Procedures to calculate the payout percentages of slot
1526machines.
1527     (m)  Minimum standards for security of the facilities,
1528including floor plans, security cameras, and other security
1529equipment.
1530     (n)  The scope and conditions for investigations and
1531inspections into the conduct of limited gaming.
1532     (o)  The standards and procedures for the seizure without
1533notice or hearing of gaming equipment, supplies, or books and
1534records for the purpose of examination and inspection.
1535     (p)  Procedures for requiring resort licensees and supplier
1536licensees to implement and establish drug-testing programs for
1537all occupational employees.
1538     (q)  Procedures and guidelines for the continuous recording
1539of all gaming activities at a limited gaming facility. The
1540commission may require a resort licensee to timely provide all
1541or part of the original recordings pursuant to a schedule.
1542     (r)  The payment of costs incurred by the commission or any
1543other agencies for investigations or background checks or costs
1544associated with testing limited gaming related equipment, which
1545must be paid by an applicant for a license or a licensee.
1546     (s)  The levying of fines for violations of this part or
1547any rule adopted by the commission, which fines may not exceed
1548$250,000 per violation arising out of a single transaction.
1549     (t)  The amount of the application fee for an initial
1550issuance or renewal of an occupational license or a suppliers
1551license, not to exceed $5,000.
1552     (u)  Any other rules the commission finds necessary for
1553safe, honest, and highly regulated gaming in the state. For
1554purposes of this paragraph, the commission shall consider rules
1555from any other jurisdiction in which gaming is highly regulated,
1556such as New Jersey or Nevada.
1557     (v)  Any other rule necessary to accomplish the purposes of
1558this part.
1559     (2)  The commission may at any time adopt emergency rules
1560pursuant to s. 120.54. The Legislature finds that such emergency
1561rulemaking power is necessary for the preservation of the rights
1562and welfare of the people in order to provide additional funds
1563to benefit the public. The Legislature further finds that the
1564unique nature of limited gaming operations requires, from time
1565to time, that the commission respond as quickly as is
1566practicable. Therefore, in adopting such emergency rules, the
1567commission need not make the findings required by s.
1568120.54(4)(a). Emergency rules adopted under this section are
1569exempt from s. 120.54(4)(c). However, the emergency rules may
1570not remain in effect for more than 180 days except that the
1571commission may renew the emergency rules during the pendency of
1572procedures to adopt permanent rules addressing the subject of
1573the emergency rules.
1574     Section 18.  Section 551.306, Florida Statutes, is created
1575to read:
1576     551.306  Legislative authority; administration of part.-The
1577regulation of the conduct of limited gaming activity at a resort
1578licensee is preempted to the state and a county, municipality,
1579or other political subdivision of the state may not enact any
1580ordinance relating to limited gaming. Only the department and
1581other authorized state agencies may administer this part and
1582regulate limited gaming, including limited gaming at resort
1583licensees and the assessment of fees or taxes relating to the
1584conduct of limited gaming.
1585     Section 19.  Section 551.307, Florida Statutes, is created
1586to read:
1587     551.307  Authorization of limited gaming at destination
1588resorts.-Notwithstanding any other provision of law, the
1589commission may award a resort license authorizing limited gaming
1590in a county only if a majority of the electors voting in a
1591countywide referendum have approved the conduct of slot machine
1592gaming as defined in s. 551.102 or a majority of the electors
1593voting in a countywide referendum have passed a referendum
1594allowing for limited gaming. If limited gaming is authorized
1595through the award of a resort license, the resort licensee may
1596possess slot machines and other authorized gaming devices and
1597conduct limited gaming at the licensed location. Notwithstanding
1598any other provision of law, a person who is at least 21 years of
1599age may lawfully participate in authorized games at a facility
1600licensed to possess authorized limited gaming devices and
1601conduct limited gaming or to participate in limited gaming as
1602described in this part.
1603     Section 20.  Section 551.308, Florida Statutes, is created
1604to read:
1605     551.308  Process for awarding destination resort licenses.-
1606     (1)  The commission shall by rule use an invitation to
1607negotiate process for determining the award of a resort license.
1608The application, review, and issuance procedures for awarding a
1609license shall be by a process in which applicants rely on forms
1610provided by the commission in response to an invitation to
1611negotiate issued by the commission. The commission shall issue
1612the invitation to negotiate no later than 90 days after the date
1613of the commission's first meeting.
1614     (2)  Proposals in response to the invitation to negotiate
1615must be received by the commission no later than 90 days after
1616the issuance of the invitation to negotiate.
1617     (3)  The commission may specify in its invitation to
1618negotiate the county in which the facility would be located.
1619When determining whether to authorize a destination resort
1620located within a specific county or counties, the commission
1621shall hold a public hearing in such county or counties to
1622discuss the proposals and receive public comments on
1623determination of the award of licenses.
1624     (4)  The commission shall review all complete replies
1625received pursuant to an invitation to negotiate. The commission
1626may select one or more replies with which to commence
1627negotiations after determining which replies are in the best
1628interest of the state based on the selection criteria. The
1629commission shall award or deny a destination resort license
1630within 90 days after the deadline for the submission of a reply.
1631     Section 21.  Section 551.309, Florida Statutes, is created
1632to read:
1633     551.309  Criteria for the award of a destination resort
1634license.-The commission may award no more than three destination
1635resort licenses.
1636     (1)  The commission may award a resort license to the
1637applicant of an invitation to negotiate which best serves the
1638interests of the residents of this state. The reply to an
1639invitation to negotiate for a resort license must include an
1640application that demonstrates the applicant's ability to meet
1641the following minimum criteria:
1642     (a)  The applicant must demonstrate a capacity to increase
1643tourism, generate jobs, provide revenue to the local economy,
1644and provide revenue to the General Revenue Fund.
1645     (b)  The limited gaming floor in a destination resort may
1646constitute no more than 10 percent of the resort development's
1647total square footage. The resort development's total square
1648footage is the aggregate of the total square footage of the
1649limited gaming facility, the hotel or hotels, convention space,
1650retail facilities, nongaming entertainment facilities, service
1651centers, and office space or administrative areas.
1652     (c)  The applicant must demonstrate a history of, or a bona
1653fide plan for, community involvement or investment in the
1654community where the resort having a limited gaming facility will
1655be located.
1656     (d)  The applicant must demonstrate the financial ability
1657to purchase and maintain an adequate surety bond.
1658     (e)  The applicant must demonstrate that it has adequate
1659capitalization to develop, construct, maintain, and operate the
1660proposed resort having a limited gaming facility in accordance
1661with the requirements of this part and rules adopted by the
1662commission and to responsibly meet its secured and unsecured
1663debt obligations in accordance with its financial and other
1664contractual agreements.
1665     (f)  The applicant must demonstrate the ability to
1666implement a program to train and employ residents of this state
1667for jobs that will be available at the destination resort,
1668including its ability to implement a program for the training of
1669low-income persons.
1670     (g)  The commission may, at its discretion, assess the
1671quality of the proposed development's aesthetic appearance in
1672the context of its potential to provide substantial economic
1673benefits to the community and the people of this state,
1674including, but not limited to, its potential to provide
1675substantial employment opportunities.
1676     (h)  The applicant must demonstrate that it will expend at
1677least $2 billion in new development and construction of the
1678proposed destination resort following the award of a license,
1679excluding any purchase price and costs associated with the
1680acquisition of real property on which to develop the destination
1681resort. Such expenditure must in aggregate be completed within 5
1682years after the award of any such license.
1683     (i)  The applicant must demonstrate the ability to generate
1684substantial gross receipts.
1685     (2)(a)  The commission shall evaluate applications based on
1686the following weighted criteria:
1687     1.  Design and location: 35 percent.
1688     2.  Management expertise: 10 percent.
1689     3.  Speed to market: 35 percent.
1690     4.  Financial plan and access to capital: 10 percent.
1691     5.  Community plan: 10 percent.
1692     (b)  The commission shall give preference to those
1693applicants that demonstrate that they meet the following
1694criteria:
1695     1.  The roads, water, sanitation, utilities, and related
1696services to the proposed location of the destination resort are
1697adequate and the proposed destination resort will not unduly
1698impact public services, existing transportation infrastructure,
1699consumption of natural resources, and the quality of life
1700enjoyed by residents of the surrounding neighborhoods.
1701     2.  The applicant will be able to commence construction as
1702soon after awarding of the resort license as possible, but, in
1703any event, no later than 12 months after the award of the resort
1704license.
1705     3.  The destination resort may be located in an empowerment
1706zone or enterprise zone, as those terms are defined by federal
1707and state law.
1708     4.  The destination resort will be located in an area in
1709which the unemployment rate in the zip codes immediately
1710surrounding the proposed location is among the highest in the
1711state.
1712     5.  The destination resort will include amenities and uses
1713that will allow other state businesses to be included within the
1714destination resort.
1715     (3)  A resort license may be issued only to persons of good
1716moral character who are at least 21 years of age. A resort
1717license may issued to a corporation only if its officers are of
1718good moral character and at least 21 years of age.
1719     (4)  A resort license may not be issued to an applicant if
1720the applicant, qualifier, or institutional investor:
1721     (a)  Has, within the last 5 years, been adjudicated by a
1722court or tribunal for failure to pay income, sales, or gross
1723receipts tax due and payable under any federal, state, or local
1724law, after exhaustion of all appeals or administrative remedies.
1725     (b)  Has been convicted of a felony under the laws of this
1726state, any other state, or the United States.
1727     (c)  Has been convicted of any violation under chapter 817
1728or under a substantially similar law of another jurisdiction.
1729     (d)  Knowingly submitted false information in the
1730application for the license.
1731     (e)  Is a member or employee of the commission.
1732     (f)  Was licensed to own or operate gaming or pari-mutuel
1733facilities in this state or another jurisdiction and that
1734license was revoked.
1735     (g)  Is an entity that has accepted any wager of money or
1736other consideration on any online gambling activity, including
1737poker, from any state resident since October 13, 2006. However,
1738this prohibition does not disqualify an applicant or
1739subcontractor who accepts online pari-mutuel wagers from a state
1740resident through a legal online pari-mutuel wagering entity
1741authorized in another state.
1742     (h)  Fails to meet any other criteria for licensure set
1743forth in this part.
1744
1745As used in this subsection, the term "conviction" includes an
1746adjudication of guilt on a plea of guilty or nolo contendere or
1747the forfeiture of a bond when charged with a crime.
1748     Section 22.  Section 551.310, Florida Statutes, is created
1749to read:
1750     551.310  Application for destination resort license.-
1751     (1)  APPLICATION.-A reply submitted in response to an
1752invitation to negotiate must include a sworn application in the
1753format prescribed by the commission. The application must
1754include the following information:
1755     (a)1.  The name, business address, telephone number, social
1756security number, and, where applicable, federal tax
1757identification number of the applicant and each qualifier; and
1758     2.  Information, documentation, and assurances concerning
1759financial background and resources as may be required to
1760establish the financial stability, integrity, and responsibility
1761of the applicant. This includes business and personal income and
1762disbursement schedules, tax returns and other reports filed with
1763governmental agencies, and business and personal accounting and
1764check records and ledgers. In addition, each applicant must
1765provide written authorization for the examination of all bank
1766accounts and records as may be deemed necessary by the
1767commission.
1768     (b)  The identity and, if applicable, the state of
1769incorporation or registration of any business in which the
1770applicant or a qualifier has an equity interest of more than 5
1771percent. If the applicant or qualifier is a corporation,
1772partnership, or other business entity, the applicant or
1773qualifier must identify any other corporation, partnership, or
1774other business entity in which it has an equity interest of more
1775than 5 percent, including, if applicable, the state of
1776incorporation or registration.
1777     (c)  Documentation, as required by the commission, that the
1778applicant has received conceptual approval of the destination
1779resort proposal from the municipality and county in which the
1780resort will be located.
1781     (d)  A statement as to whether the applicant or a qualifier
1782has developed and operated a similar gaming facility within a
1783highly regulated domestic jurisdiction that allows similar forms
1784of development, including a description of the gaming facility,
1785the gaming facility's gross revenue, and the amount of revenue
1786the gaming facility has generated for state and local
1787governments within that jurisdiction.
1788     (e)  A statement as to whether the applicant or a qualifier
1789has been indicted, convicted of, pled guilty or nolo contendere
1790to, or forfeited bail for any felony or for a misdemeanor
1791involving gambling, theft, or fraud. The statement must include
1792the date, the name and location of the court, the arresting
1793agency, the prosecuting agency, the case caption, the docket
1794number, the nature of the offense, the disposition of the case,
1795and, if applicable, the location and length of incarceration.
1796     (f)  A statement as to whether the applicant or a qualifier
1797has ever been granted any license or certificate in any
1798jurisdiction which has been restricted, suspended, revoked, not
1799renewed, or otherwise subjected to discipline. The statement
1800must describe the facts and circumstances concerning that
1801restriction, suspension, revocation, nonrenewal, or discipline,
1802including the licensing authority, the date each action was
1803taken, and an explanation of the circumstances for each
1804disciplinary action.
1805     (g)  A statement as to whether the applicant or qualifier
1806has, as a principal or a controlling shareholder, within the
1807last 10 years, filed for protection under the Federal Bankruptcy
1808Code or had an involuntary bankruptcy petition filed against it.
1809     (h)  A statement as to whether the applicant or qualifier
1810has, within the last 5 years, been adjudicated by a court or
1811tribunal for failure to pay any income, sales, or gross receipts
1812tax due and payable under federal, state, or local law, or under
1813the laws of any applicable foreign jurisdiction, after
1814exhaustion of all appeals or administrative remedies. This
1815statement must identify the amount and type of the tax and the
1816time periods involved and must describe the resolution of the
1817nonpayment.
1818     (i)  A list of the names and titles of any public officials
1819or officers of any unit of state government or of the local
1820government or governments in the county or municipality in which
1821the proposed resort is to be located, and the spouses, parents,
1822and children of those public officials or officers, who,
1823directly or indirectly, own any financial interest in, have any
1824beneficial interest in, are the creditors of, hold any debt
1825instrument issued by the applicant or a qualifier, or hold or
1826have an interest in any contractual or service relationship with
1827the applicant or qualifier. As used in this paragraph, the terms
1828"public official" and "officer" do not include a person who
1829would be listed solely because the person is a member of the
1830Florida National Guard.
1831     (j)  The name and business telephone number of, and a
1832disclosure of fees paid to any attorney, lobbyist, employee,
1833consultant, or other person who has represented the applicant's
1834interests in the state for 3 years prior to the effective date
1835of this section or who is representing an applicant before the
1836commission during the application process.
1837     (k)  A description of the applicant's history of and
1838proposed plan for community involvement or investment in the
1839community where the resort having a limited gaming facility
1840would be located.
1841     (l)  A description of the applicant's proposed resort,
1842including a map documenting the location of the facility within
1843the specific county or counties; a statement regarding the
1844compliance of the applicant with state, regional, and local
1845planning and zoning requirements; a description of the economic
1846benefit to the community in which the facility would be located;
1847the anticipated number of jobs generated by construction of the
1848facility; the anticipated number of employees; a statement
1849regarding how the applicant would comply with federal and state
1850affirmative action guidelines; a projection of admissions or
1851attendance at the limited gaming facility; a projection of gross
1852receipts; and scientific market research pertaining to the
1853proposed facility, if any.
1854     (m)  Proof that a countywide referendum has been approved
1855by the electors of the county to authorize slot machine gaming
1856as defined in s. 551.102 in the county prior to the application
1857deadline or that proof of a countywide referendum has been
1858approved prior to the application deadline by the electors of
1859the county authorizing limited gaming as defined in this
1860chapter.
1861     (n)  A schedule or timeframe for completing the resort.
1862     (o)  A plan for training residents of this state for jobs
1863at the resort. The job-training plan must provide training to
1864enable low-income persons to qualify for jobs at the resort.
1865     (p)  The identity of each person, association, trust, or
1866corporation or partnership having a direct or indirect equity
1867interest in the applicant of greater than 5 percent. If
1868disclosure of a trust is required under this paragraph, the
1869names and addresses of the beneficiaries of the trust must also
1870be disclosed. If the identity of a corporation must be
1871disclosed, the names and addresses of all stockholders and
1872directors must also be disclosed. If the identity of a
1873partnership must be disclosed, the names and addresses of all
1874partners, both general and limited, must also be disclosed.
1875     (q)  A destination resort and limited gaming facility
1876development plan and projected investment of $2 billion pursuant
1877to s. 551.309.
1878     (r)  The fingerprints of all officers or directors of the
1879applicant and qualifiers, and any persons exercising operational
1880or managerial control of the applicant, as determined by rule of
1881the commission, for a criminal history record check.
1882     (s)  A statement outlining the organization's diversity
1883plan.
1884     (t)  A listing of all gaming licenses and permits the
1885applicant or qualifier currently possesses.
1886     (u)  A listing of former or inactive officers, directors,
1887partners, and trustees.
1888     (v)  A listing of all affiliated business entities or
1889holding companies, including nongaming interests.
1890     (w)  Any other information the commission may deem
1891appropriate or require during the application process as
1892provided by rule.
1893     (2)  DISCRETION TO REQUIRE INFORMATION.-Notwithstanding any
1894other provision of law, the commission is the sole authority for
1895determining the information or documentation that must be
1896included in an application for a resort license or in an
1897application to renew a resort license. Such documentation and
1898information may relate to: demographics, education, work
1899history, personal background, criminal history, finances,
1900business information, complaints, inspections, investigations,
1901discipline, bonding, photographs, performance periods,
1902reciprocity, local government approvals, supporting
1903documentation, periodic reporting requirements, and fingerprint
1904requirements.
1905     (3)  DUTY TO SUPPLEMENT APPLICATION.-The application shall
1906be supplemented as needed to reflect any material change in any
1907circumstance or condition stated in the application which takes
1908place between the initial filing of the application and the
1909final grant or denial of the license. Any submission required to
1910be in writing may otherwise be required by the commission to be
1911made by electronic means.
1912     (4)  APPLICATION FEES.-
1913     (a)  The application for a resort license must be submitted
1914along with a nonrefundable application fee of $1 million to be
1915used by the commission to defray costs associated with the
1916review and investigation of the application and to conduct a
1917background investigation of the applicant and each qualifier. If
1918the cost of the review and investigation exceeds $1 million, the
1919applicant must pay the additional amount to the commission
1920within 30 days after the receipt of a request for an additional
1921payment.
1922     (b)  The application for a destination resort license must
1923be submitted with a one-time licensing fee of $50 million. If
1924the commission denies the application, the commission must
1925refund the licensing fee within 30 days after the denial of the
1926application. If the applicant withdraws the application after
1927the application deadline established by the commission, the
1928commission must refund 80 percent of the licensing fee within 30
1929days after the application is withdrawn.
1930     Section 23.  Section 551.311, Florida Statutes, is created
1931to read:
1932     551.311  Incomplete applications.-
1933     (1)  An incomplete application for a resort license is
1934grounds for the denial of the application.
1935     (2)(a)  If the commission determines that an application
1936for a resort license is incomplete, the executive director shall
1937immediately provide written notice to the applicant of the
1938incomplete items. The applicant may then request an informal
1939conference with the executive director or his or her designee to
1940discuss the application.
1941     (b)  The executive director may provide the applicant an
1942extension of 30 days to complete the application following the
1943date of the informal conference. If the executive director finds
1944that the application has not been completed within the
1945extension, the applicant may appeal the finding to the
1946commission. During an extension or the pendency of an appeal to
1947the commission, the award of resort licenses in the applicable
1948county is stayed.
1949     Section 24.  Section 551.312, Florida Statutes, is created
1950to read:
1951     551.312  Institutional investors as qualifiers.-
1952     (1)(a)  An application for a resort license that has an
1953institutional investor as a qualifier need not contain
1954information relating to the institutional investor, other than
1955the identity of the investor, if the institutional investor
1956holds less than 15 percent of the equity or debt securities and
1957files a certified statement that the institutional investor does
1958not intend to influence or affect the affairs of the applicant
1959or an affiliate of the applicant and that its holdings of
1960securities of the applicant or affiliate were purchased for
1961investment purposes only.
1962     (b)  The commission may limit the application requirements
1963as provided in this subsection for an institutional investor
1964that is a qualifier and that holds 5 percent or more of the
1965equity or debt securities of an applicant or affiliate of the
1966applicant upon a showing of good cause and if the conditions
1967specified in paragraph (a) are satisfied.
1968     (2)  An institutional investor that is exempt from the full
1969application requirements under this section and that
1970subsequently intends to influence or affect the affairs of the
1971issuer must first notify the commission of its intent and file
1972an application containing all of the information that would have
1973been required of the institutional investor in the application
1974for a resort license. The commission may deny the application if
1975it determines that granting the application will impair the
1976financial stability of the licensee or impair the ability of the
1977licensee to comply with its development plans or other plans
1978submitted to the commission by the applicant or licensee.
1979     (3)  An applicant for a license or a resort licensee or
1980affiliate shall immediately notify the commission of any
1981information concerning an institutional investor holding its
1982equity or debt securities which may disqualify an institutional
1983investor from having a direct or indirect interest in the
1984applicant or licensee, and the commission may require the
1985institutional investor to file all information that would have
1986been required of the institutional investor in the application
1987for a license.
1988     (4)  If the commission finds that an institutional investor
1989that is a qualifier fails to comply with the requirements of
1990subsection (1) or, if at any time the commission finds that by
1991reason of the extent or nature of its holdings an institutional
1992investor is in a position to exercise a substantial impact upon
1993the controlling interests of a licensee, the commission may
1994require the institutional investor to file an application
1995containing all of information that would have been required of
1996the institutional investor in the application for a license.
1997     (5)  Notwithstanding paragraph (1)(b), an institutional
1998investor may vote on all matters that are put to the vote of the
1999outstanding security holders of the applicant or licensee.
2000     Section 25.  Section 551.313, Florida Statutes, is created
2001to read:
2002     551.313  Lenders and underwriters; exemption as
2003qualifiers.-A bank, lending institution, or underwriter in
2004connection with any bank or lending institution that, in the
2005ordinary course of business, makes a loan to, or holds a
2006security interest in, a licensee or applicant, a supplier
2007licensee or applicant or its subsidiary, or direct or indirect
2008parent company of any such bank, lending institution, or
2009underwriter is not a qualifier and is not required to be
2010licensed.
2011     Section 26.  Section 551.314, Florida Statutes, is created
2012to read:
2013     551.314  Conditions for a resort license.-As a condition to
2014licensure and to maintain continuing authority, a resort
2015licensee must:
2016     (1)  Comply with this part and the rules of the department.
2017     (2)  Allow the department and the Department of Law
2018Enforcement unrestricted access to and right of inspection of
2019facilities of the licensee in which any activity relative to the
2020conduct of gaming is conducted.
2021     (3)  Complete the resort in accordance with the plans and
2022timeframe proposed to the commission in its application, unless
2023an extension is granted by the commission. The commission may
2024grant such an extension, not to exceed 1 year after the original
2025planned completion date, upon good cause shown by the licensee.
2026     (4)  Ensure that the facilities-based computer system that
2027the licensee will use for operational and accounting functions
2028of the facility is specifically structured to facilitate
2029regulatory oversight. The facilities-based computer system shall
2030be designed to provide the department and the Department of Law
2031Enforcement with the ability to monitor, at any time on a real-
2032time basis, the wagering patterns, payouts, tax collection, and
2033such other operations as necessary to determine whether the
2034facility is in compliance with statutory provisions and rules
2035adopted by the department for the regulation and control of
2036gaming. The department and the Department of Law Enforcement
2037shall have complete and continuous access to this system. Such
2038access shall include the ability of either the department or the
2039Department of Law Enforcement to suspend play immediately on
2040particular slot machines or gaming devices if monitoring of the
2041system indicates possible tampering or manipulation of those
2042slot machines or gaming devices or the ability to suspend play
2043immediately of the entire operation if the tampering or
2044manipulation is of the computer system itself. The computer
2045system shall be reviewed and approved by the department to
2046ensure necessary access, security, and functionality. However,
2047neither the commission nor the Department of Law Enforcement
2048shall have the ability to alter any data. The department may
2049adopt rules to provide for the approval process.
2050     (5)  Ensure that each game, slot machine, or other gaming
2051device is protected from manipulation or tampering that may
2052affect the random probabilities of winning plays. The department
2053or the Department of Law Enforcement may suspend play upon
2054reasonable suspicion of any manipulation or tampering. If play
2055has been suspended on any game, slot machine, or other gaming
2056device, the department or the Department of Law Enforcement may
2057conduct an examination to determine whether the game, machine,
2058or other gaming device has been tampered with or manipulated and
2059whether the game, machine, or other gaming device should be
2060returned to operation.
2061     (6)  Submit a security plan, including the facilities'
2062floor plans, the locations of security cameras, and a listing of
2063all security equipment that is capable of observing and
2064electronically recording activities being conducted in the
2065facilities of the licensee. The security plan must meet the
2066minimum security requirements as determined by the department
2067and be implemented before the operation of gaming. The
2068licensee's facilities must adhere to the security plan at all
2069times. Any changes to the security plan must be submitted by the
2070licensee to the department prior to implementation. The
2071department shall furnish copies of the security plan and changes
2072in the plan to the Department of Law Enforcement.
2073     (7)  Create and file with the commission a written policy
2074for:
2075     (a)  Creating opportunities to purchase from vendors in
2076this state.
2077     (b)  Creating opportunities for the employment of residents
2078of this state.
2079     (c)  Ensuring opportunities for obtaining construction
2080services from residents and vendors in this state.
2081     (d)  Ensuring that opportunities for employment are offered
2082on an equal, nondiscriminatory basis.
2083     (e)  Training employees on responsible gaming and working
2084with a compulsive or addictive gambling prevention program.
2085     (f)  Implementing a drug-testing program for each
2086occupational licensee that includes, but is not limited to,
2087requiring such person to sign an agreement that he or she
2088understands that the resort is a drug-free workplace.
2089     (g)  Using the Internet-based job-listing system of the
2090Department of Economic Opportunity in advertising employment
2091opportunities.
2092     (h)  Ensuring that the payout percentage of each slot
2093machine is at least 85 percent.
2094     (8)  File with the department detailed documentation of the
2095applicant's, its affiliates', or any holding company's history
2096of using labor in any jurisdiction that would fall outside of
2097ages defined in chapter 450.
2098     (9)  Keep and maintain permanent daily records of its
2099limited gaming operations and maintain such records for a period
2100of not less than 5 years. These records must include all
2101financial transactions and contain sufficient detail to
2102determine compliance with the requirements of this part. All
2103records shall be available for audit and inspection by the
2104department, the Department of Law Enforcement, or other law
2105enforcement agencies during the resort licensee's regular
2106business hours.
2107     Section 27.  Section 551.315, Florida Statutes, is created
2108to read:
2109     551.315  Surety bond.-A destination resort licensee must,
2110at its own cost and expense, before the license is delivered,
2111give a bond in the penal sum to be determined by the department
2112payable to the Governor of the state and his or her successors
2113in office. The bond must be issued by a surety or sureties
2114approved by the department and the Chief Financial Officer and
2115the bond must be conditioned on the licensee faithfully making
2116the required payments to the Chief Financial Officer in his or
2117her capacity as treasurer of the commission, keeping the
2118licensee's books and records and make reports as provided, and
2119conducting its limited gaming activities in conformity with this
2120part. The department shall fix the amount of the bond at the
2121total amount of annual license fees and the taxes estimated to
2122become due as determined by the department. In lieu of a bond,
2123an applicant or licensee may deposit with the department a like
2124amount of funds, a savings certificate, a certificate of
2125deposit, an investment certificate, or a letter of credit from a
2126bank, savings bank, credit union, or savings and loan
2127association situated in this state which meets the requirements
2128set for that purpose by the Chief Financial Officer. If security
2129is provided in the form of a savings certificate, a certificate
2130of deposit, or an investment certificate, the certificate must
2131state that the amount is unavailable for withdrawal except upon
2132order of the department. The department may review the bond or
2133other security for adequacy and require adjustments, including
2134increasing the amount of the bond and other security. The
2135department may adopt rules to administer this section and
2136establish guidelines for such bonds or other securities.
2137     Section 28.  Section 551.316, Florida Statutes, is created
2138to read:
2139     551.316  Conduct of limited gaming.-
2140     (1)  Limited gaming may be conducted by a resort licensee,
2141subject to the following:
2142     (a)  The site of the limited gaming facility is limited to
2143the resort licensee's site location as approved by the
2144commission.
2145     (b)  The department's agents and employees may enter and
2146inspect a limited gaming facility or other facilities relating
2147to a resort licensee's gaming operations at any time for the
2148purpose of determining whether the licensee is in compliance
2149with this part.
2150     (c)  A resort licensee may lease or purchase gaming
2151devices, equipment, or supplies customarily used in conducting
2152gaming only from a licensed supplier.
2153     (d)  A resort licensee may not permit any form of wagering
2154on games except as permitted by this part.
2155     (e)  A resort licensee may receive wagers only from a
2156person present in the limited gaming facility.
2157     (f)  A resort licensee may not permit wagering using money
2158or other negotiable currency except for wagering on slot
2159machines.
2160     (g)  A resort licensee may not permit a person who has not
2161attained 21 years of age to engage in gaming activity or remain
2162in an area of a limited gaming facility where gaming is being
2163conducted, except for a limited gaming employee of the resort
2164licensee who is at least 18 years of age.
2165     (h)  A resort licensee may not sell or distribute tokens,
2166chips, or electronic cards used to make wagers outside the
2167limited gaming facility. The tokens, chips, or electronic cards
2168may be purchased by means of an agreement under which the
2169licensee extends credit to a wagerer. The tokens, chips, or
2170electronic cards may be used only for the purpose of making
2171wagers on games within a limited gaming facility.
2172     (i)  A resort licensee may not conduct business with a
2173junket enterprise, except for a junket operator employed full
2174time by that licensee.
2175     (j)  All gaming activities must be conducted in accordance
2176with department rules.
2177     (k)  Limited gaming may not be conducted by a resort
2178licensee until the resort is completed according to the proposal
2179approved by the commission.
2180     (2)  A limited gaming facility may operate 24 hours per
2181day, every day of the year.
2182     (3)  A resort licensee may set the minimum and maximum
2183wagers on all games.
2184     (4)  A resort licensee shall give preference in employment,
2185reemployment, promotion, and retention to veterans and to the
2186persons included under s. 295.07(1) who possess the minimum
2187qualifications necessary to perform the duties of the positions
2188involved.
2189     (5)  A resort licensee, its affiliates, directors, and
2190employees shall be subject to all applicable federal, state, and
2191local laws. Such licensees, affiliates, directors, and employees
2192shall subject themselves to jurisdiction of the Federal
2193Government and the government of this state and acceptance of a
2194license shall be considered an affirmative waiver of extradition
2195to the United States from a foreign country.
2196     (6)  The department shall renew a resort license if:
2197     (a)  The licensee has demonstrated an effort to increase
2198tourism, generate jobs, provide revenue to the local economy,
2199and provide revenue to the state General Revenue Fund.
2200     (b)  The department has not suspended or revoked the
2201license of the licensee.
2202     (c)  The licensee continues to satisfy all the requirements
2203of the initial application for licensure.
2204     Section 29.  Section 551.318, Florida Statutes, is created
2205to read:
2206     551.318  License fee; tax rate; disposition.-
2207     (1)  LICENSE FEE.-On the anniversary date of the issuance
2208of the initial resort license and annually thereafter, the
2209licensee must pay to the department a nonrefundable annual
2210license fee of $2 million. The license shall be renewed
2211annually, unless the department has revoked the license for a
2212violation of this part or rule of the department. The license
2213fee shall be deposited into the Destination Resort Trust Fund to
2214be used by the department and the Department of Law Enforcement
2215for investigations, regulation of limited gaming, and
2216enforcement of this part.
2217     (2)  GROSS RECEIPTS TAX.-
2218     (a)  Each resort licensee shall pay a gross receipts tax on
2219its gross receipts to the state. Upon completion of the resort
2220and before limited gaming may be conducted, the resort licensee
2221must submit proof, as required by the commission, of the total
2222investment made in the construction of the resort. Upon
2223submission of this information, the gross receipts tax rate
2224shall be 10 percent of the gross receipts.
2225     (b)  The gross receipts tax is in lieu of any other state
2226taxes on gross or adjusted gross receipts of a resort licensee.
2227     (3)  TAX PROCEEDS.-
2228     (a)  The gross receipts tax shall be deposited into the
2229Destination Resort Trust Fund and shall be used to fund the
2230operating costs of the department pursuant to appropriations by
2231the Legislature.
2232     (b)  On June 30 of each year, all unappropriated funds in
2233excess of $5 million shall be deposited into the General Revenue
2234Fund.
2235     Section 30.  Section 551.319, Florida Statutes, is created
2236to read:
2237     551.319  Fingerprint requirements.-Any fingerprints
2238required to be taken under this part must be taken in a manner
2239approved by, and shall be submitted electronically by the
2240department to, the Department of Law Enforcement. The Department
2241of Law Enforcement shall submit the results of the state and
2242national records check to the department. The department shall
2243consider the results of the state and national records check in
2244evaluating an application for any license.
2245     (1)  The cost of processing fingerprints and conducting a
2246criminal history record check shall be borne by the applicant.
2247The Department of Law Enforcement may submit a monthly invoice
2248to the department for the cost of processing the fingerprints
2249submitted.
2250     (2)  All fingerprints submitted to the Department of Law
2251Enforcement pursuant to this part shall be retained by the
2252Department of Law Enforcement and entered into the statewide
2253automated fingerprint identification system as authorized by s.
2254943.05(2)(b) and shall be available for all purposes and uses
2255authorized for arrest fingerprint cards entered into the
2256statewide automated fingerprint identification system pursuant
2257to s. 943.051.
2258     (3)  The Department of Law Enforcement shall search all
2259arrest fingerprints received pursuant to s. 943.051, against the
2260fingerprints retained in the statewide automated fingerprint
2261identification system. Any arrest record that is identified with
2262the retained fingerprints of a person subject to the criminal
2263history screening under this part shall be reported to the
2264department. Each licensee shall pay a fee to the department for
2265the cost of retention of the fingerprints and the ongoing
2266searches under this subsection. The department shall forward the
2267payment to the Department of Law Enforcement. The amount of the
2268fee to be imposed for performing these searches and the
2269procedures for the retention of licensee fingerprints shall be
2270as established by rule of the Department of Law Enforcement. The
2271department shall inform the Department of Law Enforcement of any
2272change in the license status of licensees whose fingerprints are
2273retained under subsection (2).
2274     (4)  The department shall request the Department of Law
2275Enforcement to forward the fingerprints to the Federal Bureau of
2276Investigation for a national criminal history records check
2277every 3 years following issuance of a license. If the
2278fingerprints of a person who is licensed have not been retained
2279by the Department of Law Enforcement, the person must file
2280another set of fingerprints. The department shall collect the
2281fees for the cost of the national criminal history record check
2282under this subsection and shall forward the payment to the
2283Department of Law Enforcement. The cost of processing
2284fingerprints and conducting a criminal history record check
2285under this subsection shall be borne by the licensee or
2286applicant. The Department of Law Enforcement may submit an
2287invoice to the department for the fingerprints submitted each
2288month. Under penalty of perjury, each person who is licensed or
2289who is fingerprinted as required by this section must agree to
2290inform the department within 48 hours if he or she is convicted
2291of or has entered a plea of guilty or nolo contendere to any
2292disqualifying offense, regardless of adjudication.
2293     Section 31.  Section 551.321, Florida Statutes, is created
2294to read:
2295     551.321  Supplier licenses.-
2296     (1)  A person must have a supplier license in order to
2297furnish on a regular or continuing basis to a resort licensee or
2298an applicant for a resort license gaming equipment, devices, or
2299supplies or other goods or services regarding the operation of
2300limited gaming at the facility.
2301     (2)  An applicant for a supplier license must apply to the
2302department on forms adopted by the department by rule. The
2303licensing fee for the initial and annual renewal of the license
2304shall be a scale of fees determined by rule of the commission
2305based on the type of service provided by the supplier but may
2306not exceed $25,000.
2307     (3)  An applicant for a supplier license must include in
2308the application the fingerprints of the persons identified by
2309department rule for the processing of state and national
2310criminal history record checks.
2311     (4)(a)  An applicant for a supplier license is not eligible
2312for licensure if:
2313     1.  A person for whom fingerprinting is required under
2314subsection (3) has been convicted of a felony under the laws of
2315this state, any other state, or the United States;
2316     2.  The applicant knowingly submitted false information in
2317the application for a supplier license;
2318     3.  The applicant is a member of the commission or an
2319employee of the department;
2320     4.  The applicant is not a natural person and an officer,
2321director, or managerial employee of that person is a person
2322described in subparagraphs 1.-3.;
2323     5.  The applicant is not a natural person and an employee
2324of the applicant participates in the management or operation of
2325limited gaming authorized under this part; or
2326     6.  The applicant has had a license to own or operate a
2327resort facility or pari-mutuel facility in this state, or a
2328similar license in any other jurisdiction, revoked.
2329     (b)  The department may revoke a supplier license at any
2330time it determines that the licensee no longer satisfies the
2331eligibility requirements in this subsection.
2332     (5)  The department may deny an application for a supplier
2333license for any person who:
2334     (a)  Is not qualified to perform the duties required of a
2335licensee;
2336     (b)  Fails to disclose information or knowingly submits
2337false information in the application;
2338     (c)  Has violated this part or rules of the department; or
2339     (d)  Has had a gaming-related license or application
2340suspended, restricted, revoked, or denied for misconduct in any
2341other jurisdiction.
2342     (6)  A supplier licensee shall:
2343     (a)  Furnish to the department a list of all gaming
2344equipment, devices, and supplies it offers for sale or lease in
2345connection with limited gaming authorized in this part;
2346     (b)  Keep books and records documenting the furnishing of
2347gaming equipment, devices, and supplies to resort licensees
2348separate and distinct from any other business that the supplier
2349operates;
2350     (c)  File quarterly returns with the department listing all
2351sales or leases of gaming equipment, devices, or supplies to
2352resort licensees;
2353     (d)  Permanently affix its name to all gaming equipment,
2354devices, or supplies sold or leased to licensees; and
2355     (e)  File an annual report listing its inventories of
2356gaming equipment, devices, and supplies, including the locations
2357of such equipment.
2358     (7)  All gaming devices, equipment, or supplies furnished
2359by a licensed supplier must conform to standards adopted by
2360department rule.
2361     (8)(a)  The department may suspend, revoke, or restrict the
2362supplier license of a licensee who:
2363     1.  Violates this part or the rules of the department; or
2364     2.  Defaults on the payment of any obligation or debt due
2365to this state or a county.
2366     (b)  The department must revoke the supplier license of a
2367licensee for any cause that, if known to the department, would
2368have disqualified the applicant from receiving a license.
2369     (9)  A supplier licensee may repair gaming equipment,
2370devices, or supplies in a facility owned or leased by the
2371licensee.
2372     (10)  Gaming devices, equipment, or supplies owned by a
2373supplier licensee which are used in an unauthorized gaming
2374operation shall be forfeited to the county where the equipment
2375is found.
2376     (11)  The department may revoke the license or deny the
2377application for a supplier license of a person who fails to
2378comply with this section.
2379     (12)  A person who knowingly makes a false statement on an
2380application for a supplier license commits a misdemeanor of the
2381first degree, punishable as provided in s. 775.082 or s.
2382775.083.
2383     Section 32.  Section 551.322, Florida Statutes, is created
2384to read:
2385     551.322  Occupational licenses.-
2386     (1)  The Legislature finds that, due to the nature of their
2387employment, some gaming employees require heightened state
2388scrutiny, including licensing and criminal history record
2389checks.
2390     (2)  Any person who desires to be a gaming employee and has
2391a bona fide offer of employment from a licensed gaming entity
2392shall apply to the department for an occupational license. A
2393person may not be employed as a gaming employee unless that
2394person holds an appropriate occupational license issued under
2395this section. The department may adopt rules to reclassify a
2396category of nongaming employees or gaming employees upon a
2397finding that the reclassification is in the public interest and
2398consistent with the objectives of this part.
2399     (3)  An applicant for an occupational license must apply to
2400the department on forms adopted by the department by rule. An
2401occupational license is valid for 4 years following issuance.
2402The application must be accompanied by the licensing fee set by
2403the department. The licensing fee may not exceed $250 for an
2404employee of a resort licensee.
2405     (a)  The applicant shall set forth in the application
2406whether the applicant:
2407     1.  Has been issued a gaming-related license in any
2408jurisdiction.
2409     2.  Has been issued a gaming-related license in any other
2410jurisdiction under any other name and, if so, the name and the
2411applicant's age at the time of licensure.
2412     3.  Has had a permit or license issued by another
2413jurisdiction suspended, restricted, or revoked and, if so, for
2414what period of time.
2415     (b)  An applicant for an occupational license must include
2416his or her fingerprints in the application.
2417     (4)  To be eligible for an occupational license, an
2418applicant must:
2419     (a)  Be at least 21 years of age to perform any function
2420directly relating to limited gaming by patrons;
2421     (b)  Be at least 18 years of age to perform nongaming
2422functions;
2423     (c)  Not have been convicted of a felony or a crime
2424involving dishonesty or moral turpitude in any jurisdiction; and
2425     (d)  Meet the standards for the occupational license as
2426provided in department rules.
2427     (5)  The department must deny an application for an
2428occupational license for any person who:
2429     (a)  Is not qualified to perform the duties required of a
2430licensee;
2431     (b)  Fails to disclose or knowingly submits false
2432information in the application;
2433     (c)  Has violated this part; or
2434     (d)  Has had a gaming-related license or application
2435suspended, revoked, or denied in any other jurisdiction.
2436     (6)(a)  The department may suspend, revoke, or restrict the
2437occupational license of a licensee:
2438     1.  Who violates this part or the rules of the department;
2439     2.  Who defaults on the payment of any obligation or debt
2440due to this state or a county; or
2441     3.  For any just cause.
2442     (b)  The department shall revoke the occupational license
2443of a licensee for any cause that, if known to the department,
2444would have disqualified the applicant from receiving a license.
2445     (7)  Any training provided for an occupational licensee may
2446be conducted in the facility of a resort licensee or at a school
2447with which the resort licensee has entered into an agreement for
2448that purpose.
2449     (8)  A licensed travel agent whose commission or
2450compensation from a licensee is derived solely from the price of
2451the transportation or lodging arranged for by the travel agent
2452is not required to have an occupational license.
2453     (9)  A person who knowingly makes a false statement on an
2454application for an occupational license commits a misdemeanor of
2455the first degree, punishable as provided in s. 775.082 or s.
2456775.083.
2457     Section 33.  Section 551.323, Florida Statutes, is created
2458to read:
2459     551.323  Temporary supplier license; temporary occupational
2460license.-
2461     (1)  Upon the written request of an applicant for a
2462supplier license or an occupational license, the executive
2463director shall issue a temporary license to the applicant and
2464permit the applicant to undertake employment with or provide
2465gaming equipment, devices, or supplies or other goods or
2466services to a resort licensee or an applicant for a resort
2467license if:
2468     (a)  The applicant has submitted a completed application,
2469an application fee, all required disclosure forms, and other
2470required written documentation and materials;
2471     (b)  A preliminary review of the application and the
2472criminal history record check does not reveal that the applicant
2473or a person subject to a criminal history record check has been
2474convicted of a crime that would require denial of the
2475application;
2476     (c)  A deficiency does not appear to exist in the
2477application which may require denial of the application; and
2478     (d)  The applicant has an offer of employment from, or an
2479agreement to begin providing gaming devices, equipment, or
2480supplies or other goods and services to, a resort licensee or an
2481applicant for a resort license, or the applicant for a temporary
2482license shows good cause for being granted a temporary license.
2483     (2)  An initial temporary occupational license or
2484supplier's license may not be valid for more than 90 days;
2485however, a temporary occupational license may be renewed one
2486time for an additional 90 days.
2487     (3)  An applicant who receives a temporary license may
2488undertake employment with or supply a resort licensee with
2489gaming devices, equipment, or supplies or other goods or
2490services until a license is issued or denied or until the
2491temporary license expires or is suspended or revoked.
2492     Section 34.  Section 551.325, Florida Statutes, is created
2493to read:
2494     551.325  Quarterly report.-The commission shall file
2495quarterly reports with the Governor, the President of the
2496Senate, and the Speaker of the House of Representatives covering
2497the previous fiscal quarter. Each report must include:
2498     (1)  A statement of receipts and disbursements related to
2499limited gaming.
2500     (2)  A summary of disciplinary actions taken by the
2501department.
2502     (3)  Any additional information and recommendations that
2503the department believes may improve the regulation of limited
2504gaming or increase the economic benefits of limited gaming to
2505this state.
2506     Section 35.  Section 551.327, Florida Statutes, is created
2507to read:
2508     551.327  Resolution of disputes between licensees and
2509wagerers.-
2510     (1)(a)  The licensee must immediately notify the department
2511of a dispute whenever a resort licensee has a dispute with a
2512wagerer which is not resolved to the satisfaction of the patron
2513if the amount disputed is $500 or more and involves:
2514     1.  Alleged winnings, alleged losses, or the award or
2515distribution of cash, prizes, benefits, tickets, or any other
2516item or items in a game, tournament, contest, drawing,
2517promotion, race, or similar activity or event; or
2518     2.  The manner in which a game, tournament, contest,
2519drawing, promotion, race, or similar activity or event was
2520conducted.
2521     (b)  If the dispute involves an amount less than $500, the
2522licensee must immediately notify the wagerer of his or her right
2523to file a complaint with the department.
2524     (2)  Upon notice of a dispute or receipt of a complaint,
2525the department shall conduct any investigation it deems
2526necessary and may order the licensee to make a payment to the
2527wagerer upon a finding that the licensee is liable for the
2528disputed amount. The decision of the department is effective on
2529the date the aggrieved party receives notice of the decision.
2530Notice of the decision is deemed sufficient if it is mailed to
2531the last known address of the licensee and the wagerer. The
2532notice is deemed to have been received by the resort licensee or
2533the wagerer 5 days after it is deposited with the United States
2534Postal Service with postage prepaid.
2535     (3)  The failure of a resort licensee to notify the
2536department of the dispute or the wagerer of the right to file a
2537complaint is grounds for disciplinary action.
2538     (4)  Gaming-related disputes may only be resolved by the
2539department and are not under the jurisdiction of state courts.
2540     (5)  This section may not be construed to deny a wagerer an
2541opportunity to make a claim in state court for nongaming-related
2542issues.
2543     Section 36.  Section 551.328, Florida Statutes, is created
2544to read:
2545     551.328  Enforcement of credit instruments.-
2546     (1)  A credit instrument and the debt that instrument
2547represents are valid and may be enforced by legal process.
2548     (2)  A resort licensee may accept an incomplete credit
2549instrument that is signed by the patron and states the amount of
2550the debt in numbers and may complete the instrument as is
2551necessary for the instrument to be presented for payment.
2552     (3)  A resort licensee may accept a credit instrument that
2553is payable to an affiliate or may complete a credit instrument
2554payable to an affiliate if the credit instrument otherwise
2555complies with this section and the records of the affiliate
2556pertaining to the credit instrument are made available to the
2557department upon request.
2558     (4)  A resort licensee may accept a credit instrument
2559before, during, or after the patron incurs the debt. The credit
2560instrument and the debt that the instrument represents are
2561enforceable without regard to whether the credit instrument was
2562accepted before, during, or after the incurring of the debt.
2563     (5)  This section does not prohibit the establishment of an
2564account by a deposit of cash, recognized traveler's check, or
2565any other instrument that is equivalent to cash.
2566     (6)  If a credit instrument is lost or destroyed, the debt
2567represented by the credit instrument may be enforced if the
2568resort licensee or person acting on behalf of the licensee can
2569prove the existence of the credit instrument.
2570     (7)  The existence of a mental disorder in a patron who
2571provides a credit instrument to a resort licensee:
2572     (a)  Is not a defense in any action by a resort licensee to
2573enforce a credit instrument or the debt that the credit
2574instrument represents.
2575     (b)  Is not a valid counterclaim in an action to enforce
2576the credit instrument or the debt that the credit instrument
2577represents.
2578     (8)  The failure of a resort licensee to comply with this
2579section or department rules does not invalidate a credit
2580instrument or affect its ability to enforce the credit
2581instrument or the debt that the credit instrument represents.
2582     (9)  The department may adopt rules prescribing the
2583conditions under which a credit instrument may be redeemed or
2584presented to a bank, credit union, or other financial
2585institution for collection or payment.
2586     (10)  A violation of these regulatory requirements only
2587states a basis for disciplinary action for the commission.
2588     Section 37.  Section 551.330, Florida Statutes, is created
2589to read:
2590     551.330  Compulsive or addictive gambling prevention
2591program.-
2592     (1)  A resort licensee shall offer training to employees on
2593responsible gaming and shall work with a compulsive or addictive
2594gambling prevention program to recognize problem gaming
2595situations and to implement responsible gaming programs and
2596practices.
2597     (2)  The department shall, subject to competitive bidding,
2598contract for services relating to the prevention of compulsive
2599and addictive gambling. The contract shall provide for an
2600advertising program to encourage responsible gaming practices
2601and to publicize a gambling telephone help line. Such
2602advertisements must be made both publicly and inside the
2603resort's limited gaming facility. The terms of any contract for
2604such services shall include accountability standards that must
2605be met by any private provider. The failure of a private
2606provider to meet any material terms of the contract, including
2607the accountability standards, constitutes a breach of contract
2608or is grounds for nonrenewal. The department may consult with
2609the Department of the Lottery or the Department of Business and
2610Professional Regulation in the development of the program and
2611the development and analysis of any procurement for contractual
2612services for the compulsive or addictive gambling prevention
2613program.
2614     (3)  The compulsive or addictive gambling prevention
2615program shall be funded from an annual nonrefundable regulatory
2616fee of $250,000 paid by each resort licensee to the department.
2617     Section 38.  Section 551.331, Florida Statutes, is created
2618to read:
2619     551.331  Voluntary self-exclusion from a limited gaming
2620facility.-
2621     (1)  A person may request that he or she be excluded from
2622limited gaming facilities in this state by personally submitting
2623a Request for Voluntary Self-exclusion from Limited Gaming
2624Facilities Form to the department. The form must require the
2625person requesting exclusion to:
2626     (a)  State his or her:
2627     1.  Name, including any aliases or nicknames;
2628     2.  Date of birth;
2629     3.  Current residential address;
2630     4.  Telephone number;
2631     5.  Social security number; and
2632     6.  Physical description, including height, weight, gender,
2633hair color, eye color, and any other physical characteristic
2634that may assist in the identification of the person.
2635
2636A self-excluded person must update the information in this
2637paragraph on forms supplied by the department within 30 days
2638after any change.
2639     (b)  Select one of the following as the duration of the
2640self-exclusion:
2641     1.  One year.
2642     2.  Five years.
2643     3.  Lifetime.
2644     (c)  Execute a release in which the person:
2645     1.  Acknowledges that the request for exclusion has been
2646made voluntarily.
2647     2.  Certifies that the information provided in the request
2648for self-exclusion is true and correct.
2649     3.  Acknowledges that the individual requesting self-
2650exclusion is a problem gambler.
2651     4.  Acknowledges that a person requesting a lifetime
2652exclusion will not be removed from the self-exclusion list and
2653that a person requesting a 1-year or 5-year exclusion will
2654remain on the self-exclusion list until a request for removal is
2655approved by the department.
2656     5.  Acknowledges that, if the individual is discovered on
2657the gaming floor of a limited gaming facility, the individual
2658may be removed and may be arrested and prosecuted for criminal
2659trespass.
2660     6.  Releases, indemnifies, holds harmless, and forever
2661discharges the state, department, and all licensee from any
2662claims, damages, losses, expenses, or liability arising out of,
2663by reason of or relating to the self-excluded person or to any
2664other party for any harm, monetary or otherwise, which may arise
2665as a result of one or more of the following:
2666     a.  The failure of a resort licensee to withhold gaming
2667privileges from or restore gaming privileges to a self-excluded
2668person.
2669     b.  Permitting or prohibiting a self-excluded person from
2670engaging in gaming activity in a limited gaming facility.
2671     (2)  A person submitting a self-exclusion request must
2672present to the department a government-issued form of
2673identification containing the person's signature.
2674     (3)  The department shall take a photograph of a person
2675requesting self-exclusion at the time the person submits a
2676request for self-exclusion.
2677     Section 39.  Paragraph (a) of subsection (2) of section
2678561.20, Florida Statutes, is amended to read:
2679     561.20  Limitation upon number of licenses issued.-
2680     (2)(a)  No such limitation of the number of licenses as
2681herein provided shall henceforth prohibit the issuance of a
2682special license to:
2683     1.  Any bona fide hotel, motel, or motor court of not fewer
2684than 80 guest rooms in any county having a population of less
2685than 50,000 residents, and of not fewer than 100 guest rooms in
2686any county having a population of 50,000 residents or greater;
2687or any bona fide hotel or motel located in a historic structure,
2688as defined in s. 561.01(21), with fewer than 100 guest rooms
2689which derives at least 51 percent of its gross revenue from the
2690rental of hotel or motel rooms, which is licensed as a public
2691lodging establishment by the Division of Hotels and Restaurants;
2692provided, however, that a bona fide hotel or motel with no fewer
2693than 10 and no more than 25 guest rooms which is a historic
2694structure, as defined in s. 561.01(21), in a municipality that
2695on the effective date of this act has a population, according to
2696the University of Florida's Bureau of Economic and Business
2697Research Estimates of Population for 1998, of no fewer than
269825,000 and no more than 35,000 residents and that is within a
2699constitutionally chartered county may be issued a special
2700license. This special license shall allow the sale and
2701consumption of alcoholic beverages only on the licensed premises
2702of the hotel or motel. In addition, the hotel or motel must
2703derive at least 60 percent of its gross revenue from the rental
2704of hotel or motel rooms and the sale of food and nonalcoholic
2705beverages; provided that the provisions of this subparagraph
2706shall supersede local laws requiring a greater number of hotel
2707rooms;
2708     2.  Any condominium accommodation of which no fewer than
2709100 condominium units are wholly rentable to transients and
2710which is licensed under the provisions of chapter 509, except
2711that the license shall be issued only to the person or
2712corporation which operates the hotel or motel operation and not
2713to the association of condominium owners;
2714     3.  Any condominium accommodation of which no fewer than 50
2715condominium units are wholly rentable to transients, which is
2716licensed under the provisions of chapter 509, and which is
2717located in any county having home rule under s. 10 or s. 11,
2718Art. VIII of the State Constitution of 1885, as amended, and
2719incorporated by reference in s. 6(e), Art. VIII of the State
2720Constitution, except that the license shall be issued only to
2721the person or corporation which operates the hotel or motel
2722operation and not to the association of condominium owners;
2723     4.  Any restaurant having 2,500 square feet of service area
2724and equipped to serve 150 persons full course meals at tables at
2725one time, and deriving at least 51 percent of its gross revenue
2726from the sale of food and nonalcoholic beverages; however, no
2727restaurant granted a special license on or after January 1,
27281958, pursuant to general or special law shall operate as a
2729package store, nor shall intoxicating beverages be sold under
2730such license after the hours of serving food have elapsed; or
2731     5.  Any caterer, deriving at least 51 percent of its gross
2732revenue from the sale of food and nonalcoholic beverages,
2733licensed by the Division of Hotels and Restaurants under chapter
2734509. Notwithstanding any other provision of law to the contrary,
2735a licensee under this subparagraph shall sell or serve alcoholic
2736beverages only for consumption on the premises of a catered
2737event at which the licensee is also providing prepared food, and
2738shall prominently display its license at any catered event at
2739which the caterer is selling or serving alcoholic beverages. A
2740licensee under this subparagraph shall purchase all alcoholic
2741beverages it sells or serves at a catered event from a vendor
2742licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
2743565.02(1) subject to the limitation imposed in subsection (1),
2744as appropriate. A licensee under this subparagraph may not store
2745any alcoholic beverages to be sold or served at a catered event.
2746Any alcoholic beverages purchased by a licensee under this
2747subparagraph for a catered event that are not used at that event
2748must remain with the customer; provided that if the vendor
2749accepts unopened alcoholic beverages, the licensee may return
2750such alcoholic beverages to the vendor for a credit or
2751reimbursement. Regardless of the county or counties in which the
2752licensee operates, a licensee under this subparagraph shall pay
2753the annual state license tax set forth in s. 565.02(1)(b). A
2754licensee under this subparagraph must maintain for a period of 3
2755years all records required by the department by rule to
2756demonstrate compliance with the requirements of this
2757subparagraph, including licensed vendor receipts for the
2758purchase of alcoholic beverages and records identifying each
2759customer and the location and date of each catered event.
2760Notwithstanding any provision of law to the contrary, any vendor
2761licensed under s. 565.02(1) subject to the limitation imposed in
2762subsection (1), may, without any additional licensure under this
2763subparagraph, serve or sell alcoholic beverages for consumption
2764on the premises of a catered event at which prepared food is
2765provided by a caterer licensed under chapter 509. If a licensee
2766under this subparagraph also possesses any other license under
2767the Beverage Law, the license issued under this subparagraph
2768shall not authorize the holder to conduct activities on the
2769premises to which the other license or licenses apply that would
2770otherwise be prohibited by the terms of that license or the
2771Beverage Law. Nothing in this section shall permit the licensee
2772to conduct activities that are otherwise prohibited by the
2773Beverage Law or local law. The Division of Alcoholic Beverages
2774and Tobacco is hereby authorized to adopt rules to administer
2775the license created in this subparagraph, to include rules
2776governing licensure, recordkeeping, and enforcement. The first
2777$300,000 in fees collected by the division each fiscal year
2778pursuant to this subparagraph shall be deposited in the
2779Department of Children and Family Services' Operations and
2780Maintenance Trust Fund to be used only for alcohol and drug
2781abuse education, treatment, and prevention programs. The
2782remainder of the fees collected shall be deposited into the
2783Hotel and Restaurant Trust Fund created pursuant to s. 509.072.
2784     6.  Any destination resort licensed by the State Gaming
2785Commission under chapter 551. Notwithstanding any other
2786provision of law to the contrary, a licensee under this
2787subparagraph may sell or serve alcoholic beverages only for
2788consumption on the premises. A licensee under this subparagraph
2789shall purchase all alcoholic beverages from a supplier licensed
2790under s. 551.321 or s. 551.323. Regardless of the county or
2791counties in which the licensee operates, a licensee under this
2792subparagraph shall pay an annual state license tax of $50,000,
2793the proceeds of which shall be deposited into the Destination
2794Resort Trust Fund of the Department of Gaming Control. This
2795subparagraph expressly preempts the regulation of alcoholic
2796beverages at destination resorts licensed by the State Gaming
2797Commission to the state and supersedes any municipal or county
2798ordinance on the subject. Notwithstanding any other law or local
2799law or ordinance to the contrary, a licensee under this
2800subparagraph may serve alcoholic beverages 24 hours per day,
2801every day of the year. This subparagraph does not permit the
2802licensee to conduct activities that are otherwise prohibited by
2803the Beverage Law. The State Gaming Commission shall adopt rules
2804to implement this subparagraph, including, but not limited to,
2805rules governing licensure, recordkeeping, and enforcement. A
2806licensee under this subparagraph must maintain for a period of 3
2807years all records required by the State Gaming Commission by
2808rule to demonstrate compliance with the requirements of this
2809subparagraph, including licensed supplier receipts for the
2810purchase of alcoholic beverages.
2811
2812However, any license heretofore issued to any such hotel, motel,
2813motor court, or restaurant or hereafter issued to any such
2814hotel, motel, or motor court, including a condominium
2815accommodation, under the general law shall not be moved to a new
2816location, such license being valid only on the premises of such
2817hotel, motel, motor court, or restaurant. Licenses issued to
2818hotels, motels, motor courts, or restaurants under the general
2819law and held by such hotels, motels, motor courts, or
2820restaurants on May 24, 1947, shall be counted in the quota
2821limitation contained in subsection (1). Any license issued for
2822any hotel, motel, or motor court under the provisions of this
2823law shall be issued only to the owner of the hotel, motel, or
2824motor court or, in the event the hotel, motel, or motor court is
2825leased, to the lessee of the hotel, motel, or motor court; and
2826the license shall remain in the name of the owner or lessee so
2827long as the license is in existence. Any special license now in
2828existence heretofore issued under the provisions of this law
2829cannot be renewed except in the name of the owner of the hotel,
2830motel, motor court, or restaurant or, in the event the hotel,
2831motel, motor court, or restaurant is leased, in the name of the
2832lessee of the hotel, motel, motor court, or restaurant in which
2833the license is located and must remain in the name of the owner
2834or lessee so long as the license is in existence. Any license
2835issued under this section shall be marked "Special," and nothing
2836herein provided shall limit, restrict, or prevent the issuance
2837of a special license for any restaurant or motel which shall
2838hereafter meet the requirements of the law existing immediately
2839prior to the effective date of this act, if construction of such
2840restaurant has commenced prior to the effective date of this act
2841and is completed within 30 days thereafter, or if an application
2842is on file for such special license at the time this act takes
2843effect; and any such licenses issued under this proviso may be
2844annually renewed as now provided by law. Nothing herein prevents
2845an application for transfer of a license to a bona fide
2846purchaser of any hotel, motel, motor court, or restaurant by the
2847purchaser of such facility or the transfer of such license
2848pursuant to law.
2849     Section 40.  Section 849.15, Florida Statutes, is amended
2850to read:
2851     849.15  Manufacture, sale, possession, etc., of coin-
2852operated devices prohibited.-
2853     (1)  It is unlawful:
2854     (a)  To manufacture, own, store, keep, possess, sell, rent,
2855lease, let on shares, lend or give away, transport, or expose
2856for sale or lease, or to offer to sell, rent, lease, let on
2857shares, lend or give away, or permit the operation of, or for
2858any person to permit to be placed, maintained, or used or kept
2859in any room, space, or building owned, leased or occupied by the
2860person or under the person's management or control, any slot
2861machine or device or any part thereof; or
2862     (b)  To make or to permit to be made with any person any
2863agreement with reference to any slot machine or device, pursuant
2864to which the user thereof, as a result of any element of chance
2865or other outcome unpredictable to him or her, may become
2866entitled to receive any money, credit, allowance, or thing of
2867value or additional chance or right to use such machine or
2868device, or to receive any check, slug, token or memorandum
2869entitling the holder to receive any money, credit, allowance or
2870thing of value.
2871     (2)  Pursuant to section 2 of that chapter of the Congress
2872of the United States entitled "An act to prohibit transportation
2873of gaming devices in interstate and foreign commerce," approved
2874January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
2875designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
2876acting by and through the duly elected and qualified members of
2877its Legislature, does hereby in this section, and in accordance
2878with and in compliance with the provisions of section 2 of such
2879chapter of Congress, declare and proclaim that any county of the
2880State of Florida within which slot machine gaming is authorized
2881pursuant to chapter 551 is exempt from the provisions of section
28822 of that chapter of the Congress of the United States entitled
2883"An act to prohibit transportation of gaming devices in
2884interstate and foreign commerce," designated as 15 U.S.C. ss.
28851171-1177, approved January 2, 1951. All shipments of gaming
2886devices, including slot machines, into any county of this state
2887within which slot machine gaming is authorized pursuant to
2888chapter 551 and the registering, recording, and labeling of
2889which have been duly performed by the manufacturer or
2890distributor thereof in accordance with sections 3 and 4 of that
2891chapter of the Congress of the United States entitled "An act to
2892prohibit transportation of gaming devices in interstate and
2893foreign commerce," approved January 2, 1951, being ch. 1194, 64
2894Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
2895shall be deemed legal shipments thereof into this state provided
2896the destination of such shipments is an eligible facility as
2897defined in s. 551.102, or the facility of a slot machine
2898manufacturer or slot machine distributor as provided in s.
2899551.109(2)(a), or the facility of a resort licensee or supplier
2900licensee under part III of chapter 551.
2901     (3)  This section does not apply to slot machine licensees
2902authorized under part II of chapter 551 or resort licensees as
2903authorized under part III of chapter 551.
2904     Section 41.  Section 849.231, Florida Statutes, is amended
2905to read:
2906     849.231  Gambling devices; manufacture, sale, purchase or
2907possession unlawful.-
2908     (1)  Except in instances when the following described
2909implements or apparatus are being held or transported by
2910authorized persons for the purpose of destruction, as
2911hereinafter provided, and except in instances when the following
2912described instruments or apparatus are being held, sold,
2913transported, or manufactured by persons who have registered with
2914the United States Government pursuant to the provisions of Title
291515 of the United States Code, ss. 1171 et seq., as amended, so
2916long as the described implements or apparatus are not displayed
2917to the general public, sold for use in Florida, or held or
2918manufactured in contravention of the requirements of 15 U.S.C.
2919ss. 1171 et seq., it shall be unlawful for any person to
2920manufacture, sell, transport, offer for sale, purchase, own, or
2921have in his or her possession any roulette wheel or table, faro
2922layout, crap table or layout, chemin de fer table or layout,
2923chuck-a-luck wheel, bird cage such as used for gambling, bolita
2924balls, chips with house markings, or any other device,
2925implement, apparatus, or paraphernalia ordinarily or commonly
2926used or designed to be used in the operation of gambling houses
2927or establishments, excepting ordinary dice and playing cards.
2928     (2)  In addition to any other penalties provided for the
2929violation of this section, any occupational license held by a
2930person found guilty of violating this section shall be suspended
2931for a period not to exceed 5 years.
2932     (3)  This section and s. 849.05 do not apply to a vessel of
2933foreign registry or a vessel operated under the authority of a
2934country except the United States, while docked in this state or
2935transiting in the territorial waters of this state.
2936     (4)  This section does not apply to slot machine licensees
2937authorized under part II of chapter 551 or resort licensees as
2938authorized under part III of chapter 551.
2939     Section 42.  Section 849.25, Florida Statutes, is amended
2940to read:
2941     849.25  "Bookmaking" defined; penalties; exceptions.-
2942     (1)(a)  The term "bookmaking" means the act of taking or
2943receiving, while engaged in the business or profession of
2944gambling, any bet or wager upon the result of any trial or
2945contest of skill, speed, power, or endurance of human, beast,
2946fowl, motor vehicle, or mechanical apparatus or upon the result
2947of any chance, casualty, unknown, or contingent event
2948whatsoever.
2949     (b)  The following factors shall be considered in making a
2950determination that a person has engaged in the offense of
2951bookmaking:
2952     1.  Taking advantage of betting odds created to produce a
2953profit for the bookmaker or charging a percentage on accepted
2954wagers.
2955     2.  Placing all or part of accepted wagers with other
2956bookmakers to reduce the chance of financial loss.
2957     3.  Taking or receiving more than five wagers in any single
2958day.
2959     4.  Taking or receiving wagers totaling more than $500 in
2960any single day, or more than $1,500 in any single week.
2961     5.  Engaging in a common scheme with two or more persons to
2962take or receive wagers.
2963     6.  Taking or receiving wagers on both sides on a contest
2964at the identical point spread.
2965     7.  Any other factor relevant to establishing that the
2966operating procedures of such person are commercial in nature.
2967     (c)  The existence of any two factors listed in paragraph
2968(b) may constitute prima facie evidence of a commercial
2969bookmaking operation.
2970     (2)  Any person who engages in bookmaking commits shall be
2971guilty of a felony of the third degree, punishable as provided
2972in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
2973provisions of s. 948.01, any person convicted under the
2974provisions of this subsection shall not have adjudication of
2975guilt suspended, deferred, or withheld.
2976     (3)  Any person who has been convicted of bookmaking and
2977thereafter violates the provisions of this section commits shall
2978be guilty of a felony of the second degree, punishable as
2979provided in s. 775.082, s. 775.083, or s. 775.084.
2980Notwithstanding the provisions of s. 948.01, any person
2981convicted under the provisions of this subsection shall not have
2982adjudication of guilt suspended, deferred, or withheld.
2983     (4)  Notwithstanding the provisions of s. 777.04, any
2984person who is guilty of conspiracy to commit bookmaking is shall
2985be subject to the penalties imposed by subsections (2) and (3).
2986     (5)  This section does shall not apply to pari-mutuel
2987wagering in Florida as authorized under chapter 550.
2988     (6)  This section does shall not apply to any prosecutions
2989filed and pending at the time of the passage hereof, but all
2990such cases shall be disposed of under existing laws at the time
2991of the institution of such prosecutions.
2992     (7)  This section does not apply to slot machine licensees
2993authorized under part II of chapter 551 or resort licensees as
2994authorized under part III of chapter 551.
2995     Section 43.  Section 849.48, Florida Statutes, is created
2996to read:
2997     849.48  Gambling operator, manufacturer, distributor
2998licenses; application; qualifications; fees; renewal;
2999duplicates.-
3000     (1)(a)  Each person, firm, association, partnership, or
3001corporate entity that seeks to operate a gambling business or to
3002allow gambling to occur on its premises must obtain a license
3003from the department. Any person, firm, association, partnership,
3004or corporate entity owning, leasing, furnishing, manufacturing,
3005distributing, or operating gambling devices must obtain a
3006license from the Department of Gaming Control.
3007     (b)  An application for a license must be made on a form
3008adopted by rule of the department. The form must require the
3009applicant to set forth the name under which the applicant
3010transacts or intends to transact business, the address of the
3011location of the applicant's place of business, and any other
3012information the department requires. If the applicant has, or
3013intends to have, more than one place of business where gambling
3014will occur or gambling devices will be located, a separate
3015application must be made for each place of business. If the
3016applicant is a firm, association, partnership, or corporate
3017entity, the application must set forth the names and addresses
3018of the persons owning more than 5 percent of, or exercising any
3019decisionmaking control over, the business. If the applicant is a
3020corporate entity, the application must additionally set forth
3021the names and addresses of the principal officers of the
3022corporation. The application must also set forth any other
3023information prescribed by the department for the purpose of
3024identifying the applicant, its owners, or its decisionmaking
3025principals. The application must be signed and verified by oath
3026or affirmation by the owner. If the owner is a firm,
3027association, or partnership, the application must be signed by
3028the members or partners thereof, or, if the owner is a corporate
3029entity, by a decisionmaking principal authorized by the entity
3030to sign the application, together with the written evidence of
3031the principal's authority. The application must be accompanied
3032by the annual license fee prescribed by the department.
3033     (c)  Licenses shall be issued annually, upon payment of the
3034annual license fee prescribed by the department. The department
3035shall fix the fee in an amount sufficient to meet the costs of
3036carrying out its licensing, enforcement, and administrative
3037responsibilities under this chapter, but the fee may not exceed
3038$5,000. The proceeds of the fee shall be deposited into the
3039Destination Resort Trust Fund of the Department of Gaming
3040Control.
3041     (d)  The holder of a license may renew the license each
3042year, on or before January 15, upon payment of the annual
3043license fee. A licensee that does not timely renew its license
3044must pay a delinquent renewal fee of $500 for each month or
3045portion of a month occurring after expiration, and before
3046renewal, of the license.
3047     (e)  The department may not grant an exemption from the
3048license fees prescribed in this subsection to any applicant.
3049     (f)  The department shall establish a procedural rule that,
3050to the greatest extent possible, provides for the Department of
3051Law Enforcement to conduct background investigations for the
3052initial licensing and licensing renewals.
3053     (2)(a)  A license may be issued only to a person who is at
3054least 18 years of age or to a corporation having officers who
3055are at least 18 years of age.
3056     (b)  The department may refuse to issue a license to:
3057     1.  Any person, firm, association, partnership, or
3058corporate entity whose license has been revoked by the
3059department;
3060     2.  Any corporation having an officer whose license has
3061been revoked by the department; or
3062     3.  Any person who is or has been an officer of a
3063corporation whose license has been revoked by the department or
3064who is or has been an officer of a corporation whose license
3065relating to gambling activities has been revoked in another
3066jurisdiction.
3067     (c)  The department shall revoke any license issued to a
3068firm, association, partnership, or corporate entity that is
3069prohibited from licensure under this section.
3070     (3)  Upon approval of an application for a license, the
3071Department of Gaming Control shall issue to the applicant a
3072license for the place of business or premises specified in the
3073application. A license is not assignable and is valid only for
3074the person in whose name the license is issued and for the place
3075designated in the license. The licensee must be in possession of
3076the license at all times while working at the location for which
3077the license was issued and must display the license upon demand
3078to any person.
3079     (4)  If a license has been destroyed or lost, the licensee
3080may apply to the Department of Gaming Control for the issuance
3081of a duplicate license. The department shall issue a duplicate
3082license upon payment of a $150 fee, which the department shall
3083deposit into the Destination Resort Trust Fund of the Department
3084of Gaming Control.
3085     Section 44.  Transfers.-
3086     (1)  All of the statutory powers, duties and functions,
3087records, personnel, property, and unexpended balances of
3088appropriations, allocations, or other funds for the
3089administration of chapter 550, Florida Statutes, are transferred
3090intact by a type two transfer, as defined in s. 20.06(2),
3091Florida Statutes, from the Division of Pari-mutuel Wagering of
3092the Department of Business and Professional Regulation to the
3093Division of Licensure of the Department of Gaming Control.
3094     (2)  All of the statutory powers, duties and functions,
3095records, personnel, property, and unexpended balances of
3096appropriations, allocations, or other funds for the
3097administration of chapter 551, Florida Statutes, are transferred
3098by a type two transfer, as defined in s. 20.06(2), Florida
3099Statutes, from the Division of Pari-mutuel Wagering of the
3100Department of Business and Professional Regulation to the
3101Division of Licensure of Department of Gaming Control.
3102     (3)  All of the statutory powers, duties and functions,
3103records, personnel, property, and unexpended balances of
3104appropriations, allocations, or other funds for the
3105administration of s. 849.086, Florida Statutes, are transferred
3106by a type two transfer, as defined in s. 20.06(2), Florida
3107Statutes, from the Division of Pari-mutuel Wagering of the
3108Department of Business and Professional Regulation to the
3109Division of Licensure of Department of Gaming Control.
3110     (4)  The following trust funds are transferred from the
3111Division of Pari-mutuel Wagering of the Department of Business
3112and Professional Regulation to the Division of Licensure of
3113Department of Gaming Control:
3114     (a)  Pari-mutuel Wagering Trust Fund.
3115     (b)  Racing Scholarship Trust Fund.
3116     Section 45.  Paragraph (f) of subsection (1), subsection
3117(7), and paragraph (a) of subsection (13) of section 285.710,
3118Florida Statutes, are amended to read:
3119     285.710  Compact authorization.-
3120     (1)  As used in this section, the term:
3121     (f)  "State compliance agency" means the Division of
3122Licensure Pari-mutuel Wagering of the Department of Gaming
3123Control Business and Professional Regulation which is designated
3124as the state agency having the authority to carry out the
3125state's oversight responsibilities under the compact.
3126     (7)  The Division of Licensure Pari-mutuel Wagering of the
3127Department of Gaming Control Business and Professional
3128Regulation is designated as the state compliance agency having
3129the authority to carry out the state's oversight
3130responsibilities under the compact authorized by this section.
3131     (13)  For the purpose of satisfying the requirement in 25
3132U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
3133under an Indian gaming compact must be permitted in the state
3134for any purpose by any person, organization, or entity, the
3135following class III games or other games specified in this
3136section are hereby authorized to be conducted by the Tribe
3137pursuant to the compact:
3138     (a)  Slot machines, as defined in s. 551.102 551.102(8).
3139     Section 46.  Subsections (6) and (7) of section 550.002,
3140Florida Statutes, are amended to read:
3141     550.002  Definitions.-As used in this chapter, the term:
3142     (6)  "Department" means the Department of Gaming Control
3143Business and Professional Regulation.
3144     (7)  "Division" means the Division of Licensure Pari-mutuel
3145Wagering within the Department of Gaming Control Business and
3146Professional Regulation.
3147     Section 47.  Section 550.0251, Florida Statutes, is amended
3148to read:
3149     550.0251  The powers and duties of the division of Pari-
3150mutuel Wagering of the Department of Business and Professional
3151Regulation.-The division shall administer this chapter and
3152regulate the pari-mutuel industry under this chapter and the
3153rules adopted pursuant thereto, and:
3154     (1)  The division shall make an annual report to the
3155Governor showing its own actions, receipts derived under the
3156provisions of this chapter, the practical effects of the
3157application of this chapter, and any suggestions it may approve
3158for the more effectual accomplishments of the purposes of this
3159chapter.
3160     (2)  The division shall require an oath on application
3161documents as required by rule, which oath must state that the
3162information contained in the document is true and complete.
3163     (3)  The division shall adopt reasonable rules for the
3164control, supervision, and direction of all applicants,
3165permittees, and licensees and for the holding, conducting, and
3166operating of all racetracks, race meets, and races held in this
3167state. Such rules must be uniform in their application and
3168effect, and the duty of exercising this control and power is
3169made mandatory upon the division.
3170     (4)  The division may take testimony concerning any matter
3171within its jurisdiction and issue summons and subpoenas for any
3172witness and subpoenas duces tecum in connection with any matter
3173within the jurisdiction of the division under its seal and
3174signed by the director.
3175     (5)  The division may adopt rules establishing procedures
3176for testing occupational licenseholders officiating at or
3177participating in any race or game at any pari-mutuel facility
3178under the jurisdiction of the division for a controlled
3179substance or alcohol and may prescribe procedural matters not in
3180conflict with s. 120.80(19) 120.80(4)(a).
3181     (6)  In addition to the power to exclude certain persons
3182from any pari-mutuel facility in this state, the division may
3183exclude any person from any and all pari-mutuel facilities in
3184this state for conduct that would constitute, if the person were
3185a licensee, a violation of this chapter or the rules of the
3186division. The division may exclude from any pari-mutuel facility
3187within this state any person who has been ejected from a pari-
3188mutuel facility in this state or who has been excluded from any
3189pari-mutuel facility in another state by the governmental
3190department, agency, commission, or authority exercising
3191regulatory jurisdiction over pari-mutuel facilities in such
3192other state. The division may authorize any person who has been
3193ejected or excluded from pari-mutuel facilities in this state or
3194another state to attend the pari-mutuel facilities in this state
3195upon a finding that the attendance of such person at pari-mutuel
3196facilities would not be adverse to the public interest or to the
3197integrity of the sport or industry; however, this subsection
3198shall not be construed to abrogate the common-law right of a
3199pari-mutuel permitholder to exclude absolutely a patron in this
3200state.
3201     (7)  The division may oversee the making of, and
3202distribution from, all pari-mutuel pools.
3203     (8)  The department may collect taxes and require
3204compliance with reporting requirements for financial information
3205as authorized by this chapter. In addition, the secretary of the
3206department may require permitholders conducting pari-mutuel
3207operations within the state to remit taxes, including fees, by
3208electronic funds transfer if the taxes and fees amounted to
3209$50,000 or more in the prior reporting year.
3210     (9)  The division may conduct investigations in enforcing
3211this chapter, except that all information obtained pursuant to
3212an investigation by the division for an alleged violation of
3213this chapter or rules of the division is exempt from s.
3214119.07(1) and from s. 24(a), Art. I of the State Constitution
3215until an administrative complaint is issued or the investigation
3216is closed or ceases to be active. This subsection does not
3217prohibit the division from providing such information to any law
3218enforcement agency or to any other regulatory agency. For the
3219purposes of this subsection, an investigation is considered to
3220be active while it is being conducted with reasonable dispatch
3221and with a reasonable, good faith belief that it could lead to
3222an administrative, civil, or criminal action by the division or
3223another administrative or law enforcement agency. Except for
3224active criminal intelligence or criminal investigative
3225information, as defined in s. 119.011, and any other information
3226that, if disclosed, would jeopardize the safety of an
3227individual, all information, records, and transcriptions become
3228public when the investigation is closed or ceases to be active.
3229     (10)  The division may impose an administrative fine for a
3230violation under this chapter of not more than $1,000 for each
3231count or separate offense, except as otherwise provided in this
3232chapter, and may suspend or revoke a permit, a pari-mutuel
3233license, or an occupational license for a violation under this
3234chapter. All fines imposed and collected under this subsection
3235must be deposited with the Chief Financial Officer to the credit
3236of the General Revenue Fund.
3237     (11)  The division shall supervise and regulate the welfare
3238of racing animals at pari-mutuel facilities.
3239     (12)  The division shall have full authority and power to
3240make, adopt, amend, or repeal rules relating to cardroom
3241operations, to enforce and to carry out the provisions of s.
3242849.086, and to regulate the authorized cardroom activities in
3243the state.
3244     (13)  The division shall have the authority to suspend a
3245permitholder's permit or license, if such permitholder is
3246operating a cardroom facility and such permitholder's cardroom
3247license has been suspended or revoked pursuant to s. 849.086.
3248     Section 48.  Paragraph (f) of subsection (2) of section
3249550.09514, Florida Statutes, is amended to read:
3250     550.09514  Greyhound dogracing taxes; purse requirements.-
3251     (2)
3252     (f)  Each greyhound permitholder shall, during the
3253permitholder's race meet, supply kennel operators and the
3254Division of Licensure Pari-Mutuel Wagering with a weekly report
3255showing purses paid on live greyhound races and all greyhound
3256intertrack and simulcast broadcasts, including both as a guest
3257and a host together with the handle or commission calculations
3258on which such purses were paid and the transmission costs of
3259sending the simulcast or intertrack broadcasts, so that the
3260kennel operators may determine statutory and contractual
3261compliance.
3262     Section 49.  Subsection (1) of section 550.135, Florida
3263Statutes, is amended to read:
3264     550.135  Division of moneys derived under this law.-All
3265moneys that are deposited with the Chief Financial Officer to
3266the credit of the Pari-mutuel Wagering Trust Fund shall be
3267distributed as follows:
3268     (1)  The daily license fee revenues collected pursuant to
3269s. 550.0951(1) shall be used to fund the operating cost of the
3270division and to provide a proportionate share of the operation
3271of the office of the secretary and the Division of
3272Administration of the department of Business and Professional
3273Regulation; however, other collections in the Pari-mutuel
3274Wagering Trust Fund may also be used to fund the operation of
3275the division in accordance with authorized appropriations.
3276     Section 50.  Subsection (4) of section 550.24055, Florida
3277Statutes, is amended to read:
3278     550.24055  Use of controlled substances or alcohol
3279prohibited; testing of certain occupational licensees; penalty;
3280evidence of test or action taken and admissibility for criminal
3281prosecution limited.-
3282     (4)  The provisions of s. 120.80(19) 120.80(4)(a) apply to
3283all actions taken by the stewards, judges, or board of judges
3284pursuant to this section without regard to the limitation
3285contained therein.
3286     Section 51.  Subsection (15) of section 550.2415, Florida
3287Statutes, is amended to read:
3288     550.2415  Racing of animals under certain conditions
3289prohibited; penalties; exceptions.-
3290     (15)  The division may implement by rule medication levels
3291recommended by the University of Florida College of Veterinary
3292Medicine developed pursuant to an agreement between the division
3293of Pari-mutuel Wagering and the University of Florida College of
3294Veterinary Medicine. The University of Florida College of
3295Veterinary Medicine may provide written notification to the
3296division that it has completed research or review on a
3297particular drug pursuant to the agreement and when the College
3298of Veterinary Medicine has completed a final report of its
3299findings, conclusions, and recommendations to the division.
3300     Section 52.  Paragraph (j) of subsection (3) of section
3301550.2625, Florida Statutes, is amended to read:
3302     550.2625  Horseracing; minimum purse requirement, Florida
3303breeders' and owners' awards.-
3304     (3)  Each horseracing permitholder conducting any
3305thoroughbred race under this chapter, including any intertrack
3306race taken pursuant to ss. 550.615-550.6305 or any interstate
3307simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
3308to 0.955 percent on all pari-mutuel pools conducted during any
3309such race for the payment of breeders', stallion, or special
3310racing awards as authorized in this chapter. This subsection
3311also applies to all Breeder's Cup races conducted outside this
3312state taken pursuant to s. 550.3551(3). On any race originating
3313live in this state which is broadcast out-of-state to any
3314location at which wagers are accepted pursuant to s.
3315550.3551(2), the host track is required to pay 3.475 percent of
3316the gross revenue derived from such out-of-state broadcasts as
3317breeders', stallion, or special racing awards. The Florida
3318Thoroughbred Breeders' Association is authorized to receive
3319these payments from the permitholders and make payments of
3320awards earned. The Florida Thoroughbred Breeders' Association
3321has the right to withhold up to 10 percent of the permitholder's
3322payments under this section as a fee for administering the
3323payments of awards and for general promotion of the industry.
3324The permitholder shall remit these payments to the Florida
3325Thoroughbred Breeders' Association by the 5th day of each
3326calendar month for such sums accruing during the preceding
3327calendar month and shall report such payments to the division as
3328prescribed by the division. With the exception of the 10-percent
3329fee, the moneys paid by the permitholders shall be maintained in
3330a separate, interest-bearing account, and such payments together
3331with any interest earned shall be used exclusively for the
3332payment of breeders', stallion, or special racing awards in
3333accordance with the following provisions:
3334     (j)  If the division finds that the Florida Thoroughbred
3335Breeders' Association has not complied with any provision of
3336this section, the division may order the association to cease
3337and desist from receiving funds and administering funds received
3338under this section. If the division enters such an order, the
3339permitholder shall make the payments authorized in this section
3340to the division for deposit into the Pari-mutuel Wagering Trust
3341Fund; and any funds in the Florida Thoroughbred Breeders'
3342Association account shall be immediately paid to the division of
3343Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
3344Trust Fund. The division shall authorize payment from these
3345funds to any breeder or stallion owner entitled to an award that
3346has not been previously paid by the Florida Thoroughbred
3347Breeders' Association in accordance with the applicable rate.
3348     Section 53.  Subsection (1) of section 550.2704, Florida
3349Statutes, is amended to read:
3350     550.2704  Jai Alai Tournament of Champions Meet.-
3351     (1)  Notwithstanding any provision of this chapter, there
3352is hereby created a special jai alai meet which shall be
3353designated as the "Jai Alai Tournament of Champions Meet" and
3354which shall be hosted by the Florida jai alai permitholders
3355selected by the National Association of Jai Alai Frontons, Inc.,
3356to conduct such meet. The meet shall consist of three qualifying
3357performances and a final performance, each of which is to be
3358conducted on different days. Upon the selection of the Florida
3359permitholders for the meet, and upon application by the selected
3360permitholders, the division of Pari-mutuel Wagering shall issue
3361a license to each of the selected permitholders to operate the
3362meet. The meet may be conducted during a season in which the
3363permitholders selected to conduct the meet are not otherwise
3364authorized to conduct a meet. Notwithstanding anything herein to
3365the contrary, any Florida permitholder who is to conduct a
3366performance which is a part of the Jai Alai Tournament of
3367Champions Meet shall not be required to apply for the license
3368for said meet if it is to be run during the regular season for
3369which such permitholder has a license.
3370     Section 54.  Subsection (3) of section 550.902, Florida
3371Statutes, is amended to read:
3372     550.902  Purposes.-The purposes of this compact are to:
3373     (3)  Authorize the department of Business and Professional
3374Regulation to participate in this compact.
3375     Section 55.  Subsection (1) of section 550.907, Florida
3376Statutes, is amended to read:
3377     550.907  Compact committee.-
3378     (1)  There is created an interstate governmental entity to
3379be known as the "compact committee," which shall be composed of
3380one official from the racing commission, or the equivalent
3381thereof, in each party state who shall be appointed, serve, and
3382be subject to removal in accordance with the laws of the party
3383state that she or he represents. The official from Florida shall
3384be appointed by the State Gaming Commission Secretary of
3385Business and Professional Regulation. Pursuant to the laws of
3386her or his party state, each official shall have the assistance
3387of her or his state's racing commission, or the equivalent
3388thereof, in considering issues related to licensing of
3389participants in pari-mutuel wagering and in fulfilling her or
3390his responsibilities as the representative from her or his state
3391to the compact committee.
3392     Section 56.  Section 551.101, Florida Statutes, is amended
3393to read:
3394     551.101  Slot machine gaming authorized.-Any licensed pari-
3395mutuel facility located in Miami-Dade County or Broward County
3396existing at the time of adoption of s. 23, Art. X of the State
3397Constitution that has conducted live racing or games during
3398calendar years 2002 and 2003 may possess slot machines and
3399conduct slot machine gaming at the location where the pari-
3400mutuel permitholder is authorized to conduct pari-mutuel
3401wagering activities pursuant to such permitholder's valid pari-
3402mutuel permit provided that a majority of voters in a countywide
3403referendum have approved slot machines at such facility in the
3404respective county. Notwithstanding any other provision of law,
3405it is not a crime for a person to participate in slot machine
3406gaming at a pari-mutuel facility licensed to possess slot
3407machines and conduct slot machine gaming or to participate in
3408slot machine gaming described in this part chapter.
3409     Section 57.  Section 551.102, Florida Statutes, is amended
3410to read:
3411     551.102  Definitions.-As used in this part chapter, the
3412term:
3413     (1)  "Distributor" means any person who sells, leases, or
3414offers or otherwise provides, distributes, or services any slot
3415machine or associated equipment for use or play of slot machines
3416in this state. A manufacturer may be a distributor within the
3417state.
3418     (2)  "Designated slot machine gaming area" means the area
3419or areas of a facility of a slot machine licensee in which slot
3420machine gaming may be conducted in accordance with the
3421provisions of this part chapter.
3422     (3)  "Division" means the Division of Pari-mutuel Wagering
3423of the Department of Business and Professional Regulation.
3424     (3)(4)  "Eligible facility" means any licensed pari-mutuel
3425facility located in Miami-Dade County or Broward County existing
3426at the time of adoption of s. 23, Art. X of the State
3427Constitution that has conducted live racing or games during
3428calendar years 2002 and 2003 and has been approved by a majority
3429of voters in a countywide referendum to have slot machines at
3430such facility in the respective county; any licensed pari-mutuel
3431facility located within a county as defined in s. 125.011,
3432provided such facility has conducted live racing or games for 2
3433consecutive calendar years immediately preceding its application
3434for a slot machine license, pays the required license fee, and
3435meets the other requirements of this part chapter; or any
3436licensed pari-mutuel facility in any other county in which a
3437majority of voters have approved slot machines at such
3438facilities in a countywide referendum held pursuant to a
3439statutory or constitutional authorization after the effective
3440date of this section in the respective county, provided such
3441facility has conducted a full schedule of live racing for 2
3442consecutive calendar years immediately preceding its application
3443for a slot machine license, pays the required licensed fee, and
3444meets the other requirements of this part chapter.
3445     (4)(5)  "Manufacturer" means any person who manufactures,
3446builds, rebuilds, fabricates, assembles, produces, programs,
3447designs, or otherwise makes modifications to any slot machine or
3448associated equipment for use or play of slot machines in this
3449state for gaming purposes. A manufacturer may be a distributor
3450within the state.
3451     (5)(6)  "Nonredeemable credits" means slot machine
3452operating credits that cannot be redeemed for cash or any other
3453thing of value by a slot machine, kiosk, or the slot machine
3454licensee and that are provided free of charge to patrons. Such
3455credits do not constitute "nonredeemable credits" until such
3456time as they are metered as credit into a slot machine and
3457recorded in the facility-based monitoring system.
3458     (6)(7)  "Progressive system" means a computerized system
3459linking slot machines in one or more licensed facilities within
3460this state or other jurisdictions and offering one or more
3461common progressive payouts based on the amounts wagered.
3462     (7)(8)  "Slot machine" means any mechanical or electrical
3463contrivance, terminal that may or may not be capable of
3464downloading slot games from a central server system, machine, or
3465other device that, upon insertion of a coin, bill, ticket,
3466token, or similar object or upon payment of any consideration
3467whatsoever, including the use of any electronic payment system
3468except a credit card or debit card, is available to play or
3469operate, the play or operation of which, whether by reason of
3470skill or application of the element of chance or both, may
3471deliver or entitle the person or persons playing or operating
3472the contrivance, terminal, machine, or other device to receive
3473cash, billets, tickets, tokens, or electronic credits to be
3474exchanged for cash or to receive merchandise or anything of
3475value whatsoever, whether the payoff is made automatically from
3476the machine or manually. The term includes associated equipment
3477necessary to conduct the operation of the contrivance, terminal,
3478machine, or other device. Slot machines may use spinning reels,
3479video displays, or both. A slot machine is not a "coin-operated
3480amusement machine" as defined in s. 212.02(24) or an amusement
3481game or machine as described in s. 849.161, and slot machines
3482are not subject to the tax imposed by s. 212.05(1)(h).
3483     (8)(9)  "Slot machine facility" means a facility at which
3484slot machines as defined in this part chapter are lawfully
3485offered for play.
3486     (9)(10)  "Slot machine license" means a license issued by
3487the division authorizing a pari-mutuel permitholder to place and
3488operate slot machines as provided by s. 23, Art. X of the State
3489Constitution, the provisions of this part chapter, and division
3490rules.
3491     (10)(11)  "Slot machine licensee" means a pari-mutuel
3492permitholder who holds a license issued by the division pursuant
3493to this part chapter that authorizes such person to possess a
3494slot machine within facilities specified in s. 23, Art. X of the
3495State Constitution and allows slot machine gaming.
3496     (11)(12)  "Slot machine operator" means a person employed
3497or contracted by the owner of a licensed facility to conduct
3498slot machine gaming at that licensed facility.
3499     (12)(13)  "Slot machine revenues" means the total of all
3500cash and property, except nonredeemable credits, received by the
3501slot machine licensee from the operation of slot machines less
3502the amount of cash, cash equivalents, credits, and prizes paid
3503to winners of slot machine gaming.
3504     Section 58.  Subsections (1), (2), and (3) and paragraph
3505(b) of subsection (4) of section 551.103, Florida Statutes, are
3506amended to read:
3507     551.103  Powers and duties of the division and law
3508enforcement.-
3509     (1)  The division shall adopt, pursuant to the provisions
3510of ss. 120.536(1) and 120.54, all rules necessary to implement,
3511administer, and regulate slot machine gaming as authorized in
3512this part chapter. Such rules must include:
3513     (a)  Procedures for applying for a slot machine license and
3514renewal of a slot machine license.
3515     (b)  Technical requirements and the qualifications
3516contained in this part chapter that are necessary to receive a
3517slot machine license or slot machine occupational license.
3518     (c)  Procedures to scientifically test and technically
3519evaluate slot machines for compliance with this part chapter.
3520The division may contract with an independent testing laboratory
3521to conduct any necessary testing under this section. The
3522independent testing laboratory must have a national reputation
3523which is demonstrably competent and qualified to scientifically
3524test and evaluate slot machines for compliance with this part
3525chapter and to otherwise perform the functions assigned to it in
3526this part chapter. An independent testing laboratory shall not
3527be owned or controlled by a licensee. The use of an independent
3528testing laboratory for any purpose related to the conduct of
3529slot machine gaming by a licensee under this part chapter shall
3530be made from a list of one or more laboratories approved by the
3531division.
3532     (d)  Procedures relating to slot machine revenues,
3533including verifying and accounting for such revenues, auditing,
3534and collecting taxes and fees consistent with this part chapter.
3535     (e)  Procedures for regulating, managing, and auditing the
3536operation, financial data, and program information relating to
3537slot machine gaming that allow the division and the Department
3538of Law Enforcement to audit the operation, financial data, and
3539program information of a slot machine licensee, as required by
3540the division or the Department of Law Enforcement, and provide
3541the division and the Department of Law Enforcement with the
3542ability to monitor, at any time on a real-time basis, wagering
3543patterns, payouts, tax collection, and compliance with any rules
3544adopted by the division for the regulation and control of slot
3545machines operated under this part chapter. Such continuous and
3546complete access, at any time on a real-time basis, shall include
3547the ability of either the division or the Department of Law
3548Enforcement to suspend play immediately on particular slot
3549machines if monitoring of the facilities-based computer system
3550indicates possible tampering or manipulation of those slot
3551machines or the ability to suspend play immediately of the
3552entire operation if the tampering or manipulation is of the
3553computer system itself. The division shall notify the Department
3554of Law Enforcement or the Department of Law Enforcement shall
3555notify the division, as appropriate, whenever there is a
3556suspension of play under this paragraph. The division and the
3557Department of Law Enforcement shall exchange such information
3558necessary for and cooperate in the investigation of the
3559circumstances requiring suspension of play under this paragraph.
3560     (f)  Procedures for requiring each licensee at his or her
3561own cost and expense to supply the division with a bond having
3562the penal sum of $2 million payable to the Governor and his or
3563her successors in office for each year of the licensee's slot
3564machine operations. Any bond shall be issued by a surety or
3565sureties approved by the division and the Chief Financial
3566Officer, conditioned to faithfully make the payments to the
3567Chief Financial Officer in his or her capacity as treasurer of
3568the division. The licensee shall be required to keep its books
3569and records and make reports as provided in this part chapter
3570and to conduct its slot machine operations in conformity with
3571this part chapter and all other provisions of law. Such bond
3572shall be separate and distinct from the bond required in s.
3573550.125.
3574     (g)  Procedures for requiring licensees to maintain
3575specified records and submit any data, information, record, or
3576report, including financial and income records, required by this
3577part chapter or determined by the division to be necessary to
3578the proper implementation and enforcement of this part chapter.
3579     (h)  A requirement that the payout percentage of a slot
3580machine be no less than 85 percent.
3581     (i)  Minimum standards for security of the facilities,
3582including floor plans, security cameras, and other security
3583equipment.
3584     (j)  Procedures for requiring slot machine licensees to
3585implement and establish drug-testing programs for all slot
3586machine occupational licensees.
3587     (2)  The division shall conduct such investigations
3588necessary to fulfill its responsibilities under the provisions
3589of this part chapter.
3590     (3)  The Department of Law Enforcement and local law
3591enforcement agencies shall have concurrent jurisdiction to
3592investigate criminal violations of this part chapter and may
3593investigate any other criminal violation of law occurring at the
3594facilities of a slot machine licensee, and such investigations
3595may be conducted in conjunction with the appropriate state
3596attorney.
3597     (4)
3598     (b)  In addition, the division may:
3599     1.  Collect taxes, assessments, fees, and penalties.
3600     2.  Deny, revoke, suspend, or place conditions on the
3601license of a person who violates any provision of this part
3602chapter or rule adopted pursuant thereto.
3603     Section 59.  Subsection (1), paragraph (a) of subsection
3604(4), subsections (6) and (8), and paragraph (d) of subsection
3605(10) of section 551.104, Florida Statutes, are amended to read:
3606     551.104  License to conduct slot machine gaming.-
3607     (1)  Upon application and a finding by the division after
3608investigation that the application is complete and the applicant
3609is qualified and payment of the initial license fee, the
3610division may issue a license to conduct slot machine gaming in
3611the designated slot machine gaming area of the eligible
3612facility. Once licensed, slot machine gaming may be conducted
3613subject to the requirements of this part chapter and rules
3614adopted pursuant thereto.
3615     (4)  As a condition of licensure and to maintain continued
3616authority for the conduct of slot machine gaming, the slot
3617machine licensee shall:
3618     (a)  Continue to be in compliance with this part chapter.
3619     (6)  A slot machine licensee shall keep and maintain
3620permanent daily records of its slot machine operation and shall
3621maintain such records for a period of not less than 5 years.
3622These records must include all financial transactions and
3623contain sufficient detail to determine compliance with the
3624requirements of this part chapter. All records shall be
3625available for audit and inspection by the division, the
3626Department of Law Enforcement, or other law enforcement agencies
3627during the licensee's regular business hours.
3628     (8)  A slot machine licensee shall file with the division
3629an audit of the receipt and distribution of all slot machine
3630revenues provided by an independent certified public accountant
3631verifying compliance with all financial and auditing provisions
3632of this part chapter and the associated rules adopted under this
3633part chapter. The audit must include verification of compliance
3634with all statutes and rules regarding all required records of
3635slot machine operations. Such audit shall be filed within 60
3636days after the completion of the permitholder's pari-mutuel
3637meet.
3638     (10)
3639     (d)  If any provision of this subsection or its application
3640to any person or circumstance is held invalid, the invalidity
3641does not affect other provisions or applications of this
3642subsection or part chapter which can be given effect without the
3643invalid provision or application, and to this end the provisions
3644of this subsection are severable.
3645     Section 60.  Paragraph (a) of subsection (1) and subsection
3646(4) of section 551.106, Florida Statutes, are amended to read:
3647     551.106  License fee; tax rate; penalties.-
3648     (1)  LICENSE FEE.-
3649     (a)  Upon submission of the initial application for a slot
3650machine license and annually thereafter, on the anniversary date
3651of the issuance of the initial license, the licensee must pay to
3652the division a nonrefundable license fee of $3 million for the
3653succeeding 12 months of licensure. In the 2010-2011 fiscal year,
3654the licensee must pay the division a nonrefundable license fee
3655of $2.5 million for the succeeding 12 months of licensure. In
3656the 2011-2012 fiscal year and for every fiscal year thereafter,
3657the licensee must pay the division a nonrefundable license fee
3658of $2 million for the succeeding 12 months of licensure. The
3659license fee shall be deposited into the Pari-mutuel Wagering
3660Trust Fund of the Department of Business and Professional
3661Regulation to be used by the division and the Department of Law
3662Enforcement for investigations, regulation of slot machine
3663gaming, and enforcement of slot machine gaming provisions under
3664this part chapter. These payments shall be accounted for
3665separately from taxes or fees paid pursuant to the provisions of
3666chapter 550.
3667     (4)  TO PAY TAX; PENALTIES.-A slot machine licensee who
3668fails to make tax payments as required under this section is
3669subject to an administrative penalty of up to $10,000 for each
3670day the tax payment is not remitted. All administrative
3671penalties imposed and collected shall be deposited into the
3672Pari-mutuel Wagering Trust Fund of the Department of Business
3673and Professional Regulation. If any slot machine licensee fails
3674to pay penalties imposed by order of the division under this
3675subsection, the division may suspend, revoke, or refuse to renew
3676the license of the slot machine licensee.
3677     Section 61.  Subsection (1), paragraph (d) of subsection
3678(4), paragraph (a) of subsection (6), and subsection (11) of
3679section 551.107, Florida Statutes, are amended to read:
3680     551.107  Slot machine occupational license; findings;
3681application; fee.-
3682     (1)  The Legislature finds that individuals and entities
3683that are licensed under this section require heightened state
3684scrutiny, including the submission by the individual licensees
3685or persons associated with the entities described in this part
3686chapter of fingerprints for a criminal history record check.
3687     (4)
3688     (d)  The slot machine occupational license fee for initial
3689application and annual renewal shall be determined by rule of
3690the division but may not exceed $50 for a general or
3691professional occupational license for an employee of the slot
3692machine licensee or $1,000 for a business occupational license
3693for nonemployees of the licensee providing goods or services to
3694the slot machine licensee. License fees for general occupational
3695licensees shall be paid by the slot machine licensee. Failure to
3696pay the required fee constitutes grounds for disciplinary action
3697by the division against the slot machine licensee, but it is not
3698a violation of this part chapter or rules of the division by the
3699general occupational licensee and does not prohibit the initial
3700issuance or the renewal of the general occupational license.
3701     (6)(a)  The division may deny, suspend, revoke, or refuse
3702to renew any slot machine occupational license if the applicant
3703for such license or the licensee has violated the provisions of
3704this part chapter or the rules of the division governing the
3705conduct of persons connected with slot machine gaming. In
3706addition, the division may deny, suspend, revoke, or refuse to
3707renew any slot machine occupational license if the applicant for
3708such license or the licensee has been convicted in this state,
3709in any other state, or under the laws of the United States of a
3710capital felony, a felony, or an offense in any other state that
3711would be a felony under the laws of this state involving arson;
3712trafficking in, conspiracy to traffic in, smuggling, importing,
3713conspiracy to smuggle or import, or delivery, sale, or
3714distribution of a controlled substance; racketeering; or a crime
3715involving a lack of good moral character, or has had a gaming
3716license revoked by this state or any other jurisdiction for any
3717gaming-related offense.
3718     (11)  The division may impose a civil fine of up to $5,000
3719for each violation of this part chapter or the rules of the
3720division in addition to or in lieu of any other penalty provided
3721for in this section. The division may adopt a penalty schedule
3722for violations of this part chapter or any rule adopted pursuant
3723to this part chapter for which it would impose a fine in lieu of
3724a suspension and adopt rules allowing for the issuance of
3725citations, including procedures to address such citations, to
3726persons who violate such rules. In addition to any other penalty
3727provided by law, the division may exclude from all licensed slot
3728machine facilities in this state, for a period not to exceed the
3729period of suspension, revocation, or ineligibility, any person
3730whose occupational license application has been declared
3731ineligible to hold an occupational license or whose occupational
3732license has been suspended or revoked by the division.
3733     Section 62.  Subsection (2) of section 551.108, Florida
3734Statutes, is amended to read:
3735     551.108  Prohibited relationships.-
3736     (2)  A manufacturer or distributor of slot machines may not
3737enter into any contract with a slot machine licensee that
3738provides for any revenue sharing of any kind or nature that is
3739directly or indirectly calculated on the basis of a percentage
3740of slot machine revenues. Any maneuver, shift, or device whereby
3741this subsection is violated is a violation of this part chapter
3742and renders any such agreement void.
3743     Section 63.  Subsections (1), (2), and (7) of section
3744551.109, Florida Statutes, are amended to read:
3745     551.109  Prohibited acts; penalties.-
3746     (1)  Except as otherwise provided by law and in addition to
3747any other penalty, any person who knowingly makes or causes to
3748be made, or aids, assists, or procures another to make, a false
3749statement in any report, disclosure, application, or any other
3750document required under this part chapter or any rule adopted
3751under this part chapter is subject to an administrative fine or
3752civil penalty of up to $10,000.
3753     (2)  Except as otherwise provided by law and in addition to
3754any other penalty, any person who possesses a slot machine
3755without the license required by this part chapter or who
3756possesses a slot machine at any location other than at the slot
3757machine licensee's facility is subject to an administrative fine
3758or civil penalty of up to $10,000 per machine. The prohibition
3759in this subsection does not apply to:
3760     (a)  Slot machine manufacturers or slot machine
3761distributors that hold appropriate licenses issued by the
3762division who are authorized to maintain a slot machine storage
3763and maintenance facility at any location in a county in which
3764slot machine gaming is authorized by this part chapter. The
3765division may adopt rules regarding security and access to the
3766storage facility and inspections by the division.
3767     (b)  Certified educational facilities that are authorized
3768to maintain slot machines for the sole purpose of education and
3769licensure, if any, of slot machine technicians, inspectors, or
3770investigators. The division and the Department of Law
3771Enforcement may possess slot machines for training and testing
3772purposes. The division may adopt rules regarding the regulation
3773of any such slot machines used for educational, training, or
3774testing purposes.
3775     (7)  All penalties imposed and collected under this section
3776must be deposited into the Pari-mutuel Wagering Trust Fund of
3777the Department of Business and Professional Regulation.
3778     Section 64.  Section 551.111, Florida Statutes, is amended
3779to read:
3780     551.111  Legal devices.-Notwithstanding any provision of
3781law to the contrary, a slot machine manufactured, sold,
3782distributed, possessed, or operated according to the provisions
3783of this part chapter is not unlawful.
3784     Section 65.  Section 551.112, Florida Statutes, is amended
3785to read:
3786     551.112  Exclusions of certain persons.-In addition to the
3787power to exclude certain persons from any facility of a slot
3788machine licensee in this state, the division may exclude any
3789person from any facility of a slot machine licensee in this
3790state for conduct that would constitute, if the person were a
3791licensee, a violation of this part chapter or the rules of the
3792division. The division may exclude from any facility of a slot
3793machine licensee any person who has been ejected from a facility
3794of a slot machine licensee in this state or who has been
3795excluded from any facility of a slot machine licensee or gaming
3796facility in another state by the governmental department,
3797agency, commission, or authority exercising regulatory
3798jurisdiction over the gaming in such other state. This section
3799does not abrogate the common law right of a slot machine
3800licensee to exclude a patron absolutely in this state.
3801     Section 66.  Section 551.117, Florida Statutes, is amended
3802to read:
3803     551.117  Penalties.-The division may revoke or suspend any
3804slot machine license issued under this part chapter upon the
3805willful violation by the slot machine licensee of any provision
3806of this part chapter or of any rule adopted under this part
3807chapter. In lieu of suspending or revoking a slot machine
3808license, the division may impose a civil penalty against the
3809slot machine licensee for a violation of this part chapter or
3810any rule adopted by the division. Except as otherwise provided
3811in this part chapter, the penalty so imposed may not exceed
3812$100,000 for each count or separate offense. All penalties
3813imposed and collected must be deposited into the Pari-mutuel
3814Wagering Trust Fund of the Department of Business and
3815Professional Regulation.
3816     Section 67.  Section 551.119, Florida Statutes, is amended
3817to read:
3818     551.119  Caterer's license.-A slot machine licensee is
3819entitled to a caterer's license pursuant to s. 565.02 on days on
3820which the pari-mutuel facility is open to the public for slot
3821machine game play as authorized by this part chapter.
3822     Section 68.  Section 551.122, Florida Statutes, is amended
3823to read:
3824     551.122  Rulemaking.-The division may adopt rules pursuant
3825to ss. 120.536(1) and 120.54 to administer the provisions of
3826this part chapter.
3827     Section 69.  Section 551.123, Florida Statutes, is amended
3828to read:
3829     551.123  Legislative authority; administration of part
3830chapter.-The Legislature finds and declares that it has
3831exclusive authority over the conduct of all wagering occurring
3832at a slot machine facility in this state. As provided by law,
3833only the division of Pari-mutuel Wagering and other authorized
3834state agencies shall administer this part chapter and regulate
3835the slot machine gaming industry, including operation of slot
3836machine facilities, games, slot machines, and facilities-based
3837computer systems authorized in this part chapter and the rules
3838adopted by the division.
3839     Section 70.  Subsection (5) of section 565.02, Florida
3840Statutes, is amended to read:
3841     565.02  License fees; vendors; clubs; caterers; and
3842others.-
3843     (5)  A caterer at a horse or dog racetrack or jai alai
3844fronton may obtain a license upon the payment of an annual state
3845license tax of $675. Such caterer's license shall permit sales
3846only within the enclosure in which such races or jai alai games
3847are conducted, and such licensee shall be permitted to sell only
3848during the period beginning 10 days before and ending 10 days
3849after racing or jai alai under the authority of the Division of
3850Licensure Pari-mutuel Wagering of the Department of Gaming
3851Control Business and Professional Regulation is conducted at
3852such racetrack or jai alai fronton. Except as in this subsection
3853otherwise provided, caterers licensed hereunder shall be treated
3854as vendors licensed to sell by the drink the beverages mentioned
3855herein and shall be subject to all the provisions hereof
3856relating to such vendors.
3857     Section 71.  Section 817.37, Florida Statutes, is amended
3858to read:
3859     817.37  Touting; defining; providing punishment; ejection
3860from racetracks.-
3861     (1)  Any person who knowingly and designedly by false
3862representation attempts to, or does persuade, procure or cause
3863another person to wager on a horse in a race to be run in this
3864state or elsewhere, and upon which money is wagered in this
3865state, and who asks or demands compensation as a reward for
3866information or purported information given in such case is a
3867tout, and is guilty of touting.
3868     (2)  Any person who is a tout, or who attempts or conspires
3869to commit touting, shall be guilty of a misdemeanor of the
3870second degree, punishable as provided in s. 775.082 or s.
3871775.083.
3872     (3)  Any person who in the commission of touting falsely
3873uses the name of any official of the Florida Division of
3874Licensure of the Department of Gaming Control Pari-mutuel
3875Wagering, its inspectors or attaches, or of any official of any
3876racetrack association, or the names of any owner, trainer,
3877jockey, or other person licensed by the Florida Division of
3878Licensure of the Department of Gaming Control Pari-mutuel
3879Wagering, as the source of any information or purported
3880information shall be guilty of a felony of the third degree,
3881punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3882     (4)  Any person who has been convicted of touting by any
3883court, and the record of whose conviction on such charge is on
3884file in the office of the Florida Division of Licensure of the
3885Department of Gaming Control Pari-mutuel Wagering, any court of
3886this state, or of the Federal Bureau of Investigation, or any
3887person who has been ejected from any racetrack of this or any
3888other state for touting or practices inimical to the public
3889interest shall be excluded from all racetracks in this state and
3890if such person returns to a racetrack he or she shall be guilty
3891of a misdemeanor of the second degree, punishable as provided in
3892s. 775.082 or s. 775.083. Any such person who refuses to leave
3893such track when ordered to do so by inspectors of the Florida
3894Division of Licensure of the Department of Gaming Control Pari-
3895mutuel Wagering or by any peace officer, or by an accredited
3896attaché attache of a racetrack or association shall be guilty of
3897a separate offense which shall be a misdemeanor of the second
3898degree, punishable as provided in s. 775.083.
3899     Section 72.  Paragraph (g) of subsection (2) and
3900subsections (4) and (16) of section 849.086, Florida Statutes,
3901are amended to read:
3902     849.086  Cardrooms authorized.-
3903     (2)  DEFINITIONS.-As used in this section:
3904     (g)  "Division" means the Division of Licensure Pari-mutuel
3905Wagering of the Department of Gaming Control Business and
3906Professional Regulation.
3907     (4)  AUTHORITY OF DIVISION.-The division of Pari-mutuel
3908Wagering of the Department of Business and Professional
3909Regulation shall administer this section and regulate the
3910operation of cardrooms under this section and the rules adopted
3911pursuant thereto, and is hereby authorized to:
3912     (a)  Adopt rules, including, but not limited to: the
3913issuance of cardroom and employee licenses for cardroom
3914operations; the operation of a cardroom; recordkeeping and
3915reporting requirements; and the collection of all fees and taxes
3916imposed by this section.
3917     (b)  Conduct investigations and monitor the operation of
3918cardrooms and the playing of authorized games therein.
3919     (c)  Review the books, accounts, and records of any current
3920or former cardroom operator.
3921     (d)  Suspend or revoke any license or permit, after
3922hearing, for any violation of the provisions of this section or
3923the administrative rules adopted pursuant thereto.
3924     (e)  Take testimony, issue summons and subpoenas for any
3925witness, and issue subpoenas duces tecum in connection with any
3926matter within its jurisdiction.
3927     (f)  Monitor and ensure the proper collection of taxes and
3928fees imposed by this section. Permitholder internal controls are
3929mandated to ensure no compromise of state funds. To that end, a
3930roaming division auditor will monitor and verify the cash flow
3931and accounting of cardroom revenue for any given operating day.
3932     (16)  LOCAL GOVERNMENT APPROVAL.-The division may of Pari-
3933mutuel Wagering shall not issue any initial license under this
3934section except upon proof in such form as the division may
3935prescribe that the local government where the applicant for such
3936license desires to conduct cardroom gaming has voted to approve
3937such activity by a majority vote of the governing body of the
3938municipality or the governing body of the county if the facility
3939is not located in a municipality.
3940     Section 73.  Subsection (10) of section 849.094, Florida
3941Statutes, is amended to read:
3942     849.094  Game promotion in connection with sale of consumer
3943products or services.-
3944     (10)  This section does not apply to actions or
3945transactions regulated by the Department of Gaming Control
3946Business and Professional Regulation or to the activities of
3947nonprofit organizations or to any other organization engaged in
3948any enterprise other than the sale of consumer products or
3949services. Subsections (3), (4), (5), (6), and (7) and paragraph
3950(8)(a) and any of the rules made pursuant thereto do not apply
3951to television or radio broadcasting companies licensed by the
3952Federal Communications Commission.
3953     Section 74.  If any provision of this act or its
3954application to any person or circumstance is held invalid, the
3955invalidity does not affect other provisions or applications of
3956this act which can be given effect without the invalid provision
3957or application, and to this end the provisions of this act are
3958severable.
3959     Section 75.  Except as otherwise expressly provided in this
3960act, this act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.
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