January 22, 2021
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_h0749__
HB 749

1
A bill to be entitled
2An act relating to the gaming compact between the Seminole
3Tribe and the State of Florida; amending the compact,
4codified as s. 285.711, F.S., to provide for the
5distribution of funds used for the purposes of offsetting
6the impacts of the Tribe's Facilities on the operations of
7local governments; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Part XI of the Seminole Tribe of Florida and
12State of Florida Gaming Compact, codified as section 285.711,
13Florida Statutes, is amended to read:
14     285.711  Gaming compact between the Seminole Tribe and the
15State of Florida.-The Governor is authorized and directed to
16negotiate and execute a gaming compact with the Seminole Tribe
17of Florida on behalf of the State of Florida subject to
18ratification by the Legislature, in the form substantially as
19follows:
20
21
Gaming Compact Between the Seminole Tribe of Florida and
22
the State of Florida
23
24This Compact is made and entered into by and between the
25Seminole Tribe of Florida, a federally recognized Indian Tribe,
26and the State of Florida, with respect to the operation of
27Covered Games on the Tribe's Indian lands as defined by the
28Indian Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq.
29
30
PART XI.
31
32     PAYMENTS TO THE STATE OF FLORIDA.-
33     A.  The parties acknowledge and recognize that this Compact
34provides the Tribe with partial but substantial exclusivity and
35other valuable consideration consistent with the goals of the
36Indian Gaming Regulatory Act, including special opportunities
37for tribal economic development through gaming within the
38external boundaries of Florida with respect to the play of
39Covered Games. In consideration thereof, the Tribe covenants and
40agrees, subject to the conditions agreed upon in Part XII. of
41this Compact, to make payments to the State derived from Net Win
42as set forth in Section B. The Tribe further agrees to convert
43all of its Class II video bingo terminals (or their equivalents)
44to Class III slot machines within twenty-four (24) months after
45the Effective Date of this Compact, or the payment to the State
46shall be calculated as if the conversion has been completed,
47whether or not the Tribe has fully executed its conversion. The
48Tribe further agrees that it will not purchase or lease any new
49Class II video bingo terminals (or their equivalents) after the
50Effective Date of this Compact.
51     B.  Payment schedule.-Subject to the provisions in this
52Part of the Compact, and subject to the limitations agreed upon
53in Part XII. of the Compact, the amounts paid by the Tribe to
54the State shall be calculated as follows:
55     1.  For each Revenue Sharing Cycle, the Tribe agrees to pay
56not less than a Guaranteed Minimum Payment of One Hundred Fifty
57Million Dollars ($150,000,000) if the Revenue Share calculated
58for that Revenue Sharing Cycle under subsection 3., below, is
59less than the Guaranteed Minimum Payment.
60     2.  All Guaranteed Minimum Payments shall be deducted from
61and credited toward the Revenue Share in each Revenue Sharing
62Cycle set forth below in subsection 3.
63     3.  For each Revenue Sharing Cycle, to the extent that the
64Revenue Share exceeds the Guaranteed Minimum Payment for each
65Revenue Sharing Cycle, the Tribe agrees, as further provided in
66subsection 4., to pay a Revenue Share for that Revenue Sharing
67Cycle equal to the total amount calculated from the operation
68and play of Covered Games from each Revenue Sharing Cycle as
69follows:
70     (a)  Twelve percent (12%) of all amounts up to Two and one-
71half Billion Dollars ($2,500,000,000) of Net Win received by the
72Tribe from the operation and play of Covered Games from each
73Revenue Sharing Cycle;
74     (b)  Fifteen percent (15%) of all amounts between Two and
75one-half Billion and One Dollars ($2,500,000,001) and Three
76Billion Dollars ($3,000,000,000) of Net Win received by the
77Tribe from the operation and play of Covered Games from each
78Revenue Sharing Cycle;
79     (c)  Twenty percent (20%) of all amounts between Three
80Billion and One Dollars ($3,000,000,001) and Four Billion
81Dollars ($4,000,000,000) of Net Win received by the Tribe from
82the operation and play of Covered Games from each Revenue
83Sharing Cycle;
84     (d)  Twenty-two and one-half percent (22.5%) of all amounts
85between Four Billion and One Dollars ($4,000,000,001) and Four
86and one-half Billion Dollars ($4,500,000,000) of Net Win
87Received by the Tribe from the operation and play of Covered
88Games from each Revenue Sharing Cycle; and
89     (e)  Twenty-five percent (25%) of all amounts over Four and
90one-half Billion Dollars ($4,500,000,000) of Net Win received by
91the Tribe from the operation and play of Covered Games from each
92Revenue Sharing Cycle.
93     4.(a)  On or before the fifteenth day of the month
94following the first month of the Revenue Sharing Cycle, the
95Tribe will remit to the State the greater amount of eight and
96one-third percent (8.3%) of the estimated annual Revenue Share
97or eight and one-third percent (8.3%) of the Guaranteed Minimum
98Payment ("the monthly payment").
99     (b)  The Tribe will make available to the State at the time
100of the monthly payment the basis for the calculation of the
101payment.
102     (c)  Each month the Tribe will internally "true up" the
103calculation of the estimated Revenue Share based on the Tribe's
104unaudited financial statements related to Covered Games.
105     5.(a)  On or before the forty-fifth day after the third
106month, sixth month, ninth month, and twelfth month of each
107Revenue Sharing Cycle, provided that the twelve (12) month
108period does not coincide with the Tribe's fiscal year end date
109as indicated in paragraph (c), the Tribe will provide the State
110with an audit report by its independent auditors as to the
111accuracy of the annual Revenue Share calculation.
112     (b)  For each quarter of these Revenue Sharing Cycles the
113Tribe will engage its independent auditors to conduct a review
114of the unaudited net revenue from Covered Games. On or before
115the one hundred and twentieth day after the end of the Tribe's
116fiscal year, the Tribe will require its independent auditors to
117provide an audit report to verify Net Win for Covered Games and
118the related payment of the annual Revenue Share to the SCA for
119State review.
120     (c)  If the twelfth month of each Revenue Sharing Cycle
121does not coincide with the Tribe's fiscal year, the Tribe will
122require its independent auditors to deduct Net Win from Covered
123Games for any of the months that are outside of the Revenue
124Sharing Cycle and to include Net Win from Covered Games for
125those months which fall outside of the Tribe's audit period but
126fall within the Revenue Sharing Cycle, prior to issuing the
127audit report.
128     (d)  No later than thirty (30) calendar days after the day
129the audit report is issued, the Tribe will remit to the State
130any underpayment of the annual Revenue Share, and the State at
131its discretion will either reimburse to the Tribe any
132overpayment of the annual Revenue Share or authorize the
133overpayment to be deducted from the next monthly payment.
134     C.  Payments pursuant to Sections A. and B. above shall be
135made to the State via electronic funds transfer in a manner
136directed by the SCA for immediate transfer into the Educational
137Enhancement Trust Fund of the Department of Education. Payments
138will be due in accordance with the payment schedule set forth in
139Section B. The appropriation of any payments received by the
140State pursuant to this Compact lies within the exclusive
141prerogative of the Legislature.
142     D.  The Annual Oversight Assessment to reimburse the State
143for the actual costs of the operation of the SCA to perform its
144monitoring functions as defined in this Compact shall be
145determined and paid in quarterly installments within thirty (30)
146calendar days of receipt by the Tribe of an invoice from the
147SCA. The Tribe reserves the right to audit the invoices on an
148annual basis, a copy of which will be provided to the SCA, and
149any discrepancies found therein shall be reconciled within
150forty-five (45) calendar days of receipt of the audit by the
151SCA. Out-of-pocket expenses to be incurred by the Governor or
152his designee performing functions of the SCA unless and until
153the SCA is designated by the Legislature shall be advanced by
154the Tribe upon submission of properly documented requests.
155     E.  As provided for 25 U.S.C. s. 2710(b)(2)(B)(v), the
156Tribe agrees to pay to the State an additional amount equal to
157three percent (3%) of the annual amount set forth in Section B.
158of this Part, which funds shall be used for the purposes of
159offsetting the impacts of the Tribe's Facilities on the
160operations of local governments. The additional three percent
161(3%) shall be known as the "Local Government Share." The Local
162Government Share shall be distributed to county and municipal
163governments for the purposes of offsetting the impacts of the
164Tribe's gaming facilities on the operations of local
165governments. The three percent (3%) shall be calculated by
166determining the proportionate Revenue Share generated by each
167facility as a portion of the total annual Revenue Share paid by
168the Tribe to the State and adding three percent (3%) thereto.
169Said three percent (3%) shall be paid by the Tribe to the State
170and distributed by the State at the same date and time as the
171Revenue Share (referenced herein). The distribution of the Local
172Government Share shall be as follows:
173     1.  The Seminole Indian Casino on the Brighton Indian
174Reservation: Glades County shall receive one hundred percent
175(100%) of the Local Government Share from this facility.
176     2.  The Seminole Indian Casino in the City of Coconut Creek
177in Broward County: Broward County shall receive seven and one-
178half percent (7.5%), the City of Coconut Creek shall receive
179sixty-five percent (65%), the City of Coral Springs shall
180receive fifteen percent (15%), the City of Margate shall receive
181ten percent (10%), and the City of Parkland shall receive two
182and one-half percent (2.5%) of the Local Government Share from
183this facility.
184     3.  The Seminole Indian Casino in the City of Hollywood in
185Broward County: Broward County shall receive fifteen percent
186(15%), the City of Hollywood shall receive sixty-five percent
187(65%), the Town of Davie shall receive ten percent (10%), and
188the City of Dania Beach shall receive ten percent (10%) of the
189Local Government Share from this facility.
190     4.  The Seminole Indian Casino in Immokalee in Collier
191County: Collier County shall receive one hundred percent (100%)
192of the Local Government Share from this facility.
193     5.  The Seminole Indian Big Cypress Casino in Hendry
194County: Hendry County shall receive one hundred percent (100%)
195of the Local Government Share from this facility.
196     6.  The Seminole Hard Rock Hotel & Casino in the City of
197Hollywood in Broward County: Broward County shall receive
198fifteen percent (15%), the City of Hollywood shall receive
199sixty-five percent (65%), the Town of Davie shall receive ten
200percent (10%), and the City of Dania Beach shall receive ten
201percent (10%) of the Local Government Share from this facility.
202     7.  Seminole Hard Rock Hotel & Casino in the City of Tampa
203in Hillsborough County: Hillsborough County shall receive one
204hundred percent (100%) of the Local Government Share from this
205facility.
206     F.  Any moneys remitted by the Tribe before the Effective
207Date of this Compact shall be deemed forfeited by the Tribe and
208released to the State without further obligation or encumbrance.
209Acceptance and appropriation of such funds does not legitimize,
210validate, or otherwise ratify any previously proposed compact or
211the operation of Class III games by the Tribe for any period
212prior to the Effective Date of this Compact.
213     G.  Except as expressly provided in this Part, nothing in
214this Compact shall be deemed to require the Tribe to make
215payments of any kind to the State or any of its agencies.
216     Section 2.  This act shall take effect July 1, 2010.


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