January 26, 2021
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h7221__
HB 7221

1
A bill to be entitled
2An act relating to gaming; amending s. 285.710, F.S.,
3relating to compact authorization; providing definitions;
4providing that specified agreements executed by the
5Seminole Tribe of Florida and the Governor are void and
6not in effect; ratifying and approving a specified compact
7executed by the Tribe and the Governor; directing the
8Governor to cooperate with the Tribe in seeking approval
9of the compact from the United States Secretary of the
10Interior; revising powers and duties of the Governor
11regarding a compact and amendments to a compact between
12the Tribe and the state; revising a provision that
13specifies that the compact is invalid if certain
14provisions are held invalid by a court or the United
15States Department of the Interior; revising a provision
16for the effect on the compact of certain changes to the
17Indian Gaming Regulatory Act; removing a provision
18directing the Governor to ensure certain funds received
19are deposited in a specified fund; removing a provision
20for expiration of certain authority granted to the
21Governor; removing a provision that expresses legislative
22intent; revising duties of the Division of Pari-mutuel
23Wagering of the Department of Business and Professional
24Regulation to carry out oversight responsibilities as the
25state compliance agency; revising duties of the Governor
26to execute an agreement for application of certain state
27taxes on Indian lands; providing for distribution of
28certain moneys paid to the state; providing for the
29calculation and distribution of a local government share
30of such moneys; revising provisions for moneys remitted by
31the Tribe to the state before the effective date of the
32compact; providing for deposit of the moneys into the
33General Revenue Fund; revising provisions that authorize
34certain gaming activity; repealing s. 285.711, F.S.,
35relating to a gaming compact between the Seminole Tribe
36and the State of Florida; creating s. 285.712, F.S.;
37providing that the Governor is the designated state
38officer responsible for negotiating and executing, on
39behalf of the state, tribal-state gaming compacts with
40certain Indian tribes; requiring any such compact to be
41conditioned on ratification by the Legislature; providing
42procedures for ratification of a compact and submission to
43the United States Secretary of the Interior for review and
44approval; amending s. 551.103, F.S.; requiring the
45division to adopt rules regulating the employment by a
46slot machine licensee of security personnel; amending s.
4726 of chapter 2009-170, Laws of Florida, an act relating
48to gaming; revising the effective date for provisions of
49that act to remove contingency requirements applicable to
50provisions relating to the pari-mutuel industry; providing
51a date for those provisions to take effect; providing an
52effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Section 285.710, Florida Statutes, is amended
57to read:
58     285.710  Compact authorization.-
59     (1)  As Terms used in this section, the term:
60     (a)  "Compact" means the Gaming Compact between the
61Seminole Tribe of Florida and the State of Florida, executed on
62April 7, 2010.
63     (b)  "Covered games" means the games authorized for the
64Seminole Tribe of Florida under the compact.
65     (c)  "Documents" means books, records, electronic, magnetic
66and computer media documents, and other writings and materials,
67copies thereof, and information contained therein.
68     (d)  "Indian Gaming Regulatory Act" or "IGRA" means the
69Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
701988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
71and 18 U.S.C. ss. 1166-1168.
72     (e)  "State" means the State of Florida.
73     (f)  "State compliance agency" means the Division of Pari-
74mutuel Wagering of the Department of Business and Professional
75Regulation which is designated as the state agency having the
76authority to carry out the state's oversight responsibilities
77under the compact.
78     (g)  "Tribe" means the Seminole Tribe of Florida or any
79affiliate thereof conducting activities pursuant to the compact
80under the authority of the Seminole Tribe of Florida have the
81same meaning as provided in s. 285.711.
82     (2)(a)  The agreement executed by the Governor and the
83Tribe on November 14, 2007, published in the Federal Register on
84January 7, 2008, and subsequently invalidated by the Florida
85Supreme Court in the case of Florida House of Representatives,
86et al. v. The Honorable Charles J. Crist, No. SC07-2154, (2008),
87is not ratified or approved by the Legislature, and is void, and
88is not in effect.
89     (b)  The agreement executed by the Governor and the Tribe
90on August 28, 2009, and August 31, 2009, respectively, and
91transmitted to the President of the Senate and the Speaker of
92the House of Representatives, is not ratified or approved by the
93Legislature, is void, and is not in effect.
94     (3)  The Gaming Compact between the Seminole Tribe of
95Florida and the State of Florida, executed by the Governor and
96the Tribe on April 7, 2010, is ratified and approved. The
97Governor shall cooperate with the Tribe in seeking approval of
98the compact from the United States Secretary of the Interior.
99     (3)  Subject to the limitations in s. 285.711, the Governor
100is hereby authorized and directed to negotiate and execute a
101compact on behalf of the state with the Tribe pursuant to the
102federal Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss.
1031166-1168, and 25 U.S.C. ss. 2701 et seq., and this act for the
104purpose of authorizing Class III gaming on Seminole lands within
105this state. Any such compact shall not be deemed entered into by
106the state unless and until it is ratified by the Legislature.
107     (4)  The Governor is authorized to bind the state to any
108amendment to the compact that is consistent with the terms and
109standards in this section and s. 285.711, provided that any
110amendment to provisions relating to covered games, the amount of
111revenue sharing payments, suspension or reduction of payments,
112or exclusivity shall require ratification by the Legislature.
113     (5)(a)  The Governor shall provide a copy of the compact to
114the President of the Senate and the Speaker of the House of
115Representatives as soon as it is executed. The compact shall not
116be submitted to the Department of the Interior by or on behalf
117of the state or the Tribe until it has been ratified by the
118Legislature.
119     (b)  The Governor shall provide a copy of any amendment to
120the compact to the President of the Senate and the Speaker of
121the House of Representatives as soon as it is executed and
122before or simultaneous with its submission to the Department of
123the Interior, provided that any amendment requiring ratification
124by the Legislature shall not be submitted to the Department of
125the Interior for approval until such ratification has occurred.
126     (4)(6)  The Governor shall preserve all documents, if any,
127which relate to the intent or interpretation of the compact, and
128maintain such documents for at least the term of the compact.
129     (5)(7)  If any provision of the compact relating to covered
130games, revenue-sharing payments, suspension or reduction in
131payments, or exclusivity is held by a court of competent
132jurisdiction or by the Department of the Interior to be invalid,
133the compact is void.
134     (6)(8)  If In the event that a subsequent change to the
135Indian Gaming Regulatory Act, or to an implementing regulation
136thereof, mandates the retroactive application of such change
137without the respective consent of the state or Tribe, the
138compact is void if the change it materially alters any provision
139the terms and standards in the compact relating to the covered
140games, revenue-sharing payments, suspension or reduction of
141payments, or exclusivity.
142     (9)  The Governor shall ensure that all revenue sharing
143received pursuant to the compact and agreement executed by the
144Governor and the Tribe on November 14, 2007, is deposited into
145the Education Enhancement Trust Fund provided that, if necessary
146to comply with any covenant established pursuant to s.
1471013.68(4), s. 1013.70(1), or s. 1013.737(3), funds transferred
148to the Educational Enhancement Trust Fund shall be first
149available to pay debt service on lottery bonds issued to fund
150school construction in the event lottery revenues are
151insufficient for such purpose or to satisfy debt service reserve
152requirements established in connection with lottery bonds.
153     (10)  Except for the authority granted to the Governor in
154subsections (4) and (13), the authority granted to the Governor
155by this section and s. 285.711 expires at 11:59 p.m. on August
15631, 2009.
157     (11)  It is the intent of the Legislature to review a
158compact entered into under the provisions of this section within
1595 years after the compact is approved. It is the intent of the
160Legislature to consider the authorization of additional Class
161III games for operation by the Tribe based upon successful
162implementation of the compact and the history of compliance with
163the compact.
164     (7)(12)  The Division of Pari-mutuel Wagering of the
165Department of Business and Professional Regulation is designated
166as the state compliance agency having the authority to carry out
167the state's oversight responsibilities under the a compact
168authorized by this section act.
169     (8)(13)(a)  The Governor is authorized and directed to
170execute an agreement on behalf of the state of Florida with the
171Indian tribes in this state, acting on a government-to-
172government basis, to develop and implement a fair and workable
173arrangement to apply state taxes on persons and transactions on
174Indian lands. Such agreements shall address the imposition of
175specific taxes, including sales taxes and exemptions from those
176taxes.
177     (b)  The agreement shall address the Tribe's collection and
178remittance of sales taxes imposed by chapter 212 to the
179Department of Revenue. The sales taxes collected and remitted by
180the Tribe shall be based on all sales to non-tribal members,
181except those non-tribal members who hold valid exemption
182certificates issued by the Department of Revenue, exempting the
183sales from taxes imposed by chapter 212.
184     (c)  The agreement shall require the Tribe to register with
185the Department of Revenue and remit to the Department of Revenue
186the taxes collected.
187     (d)  The agreement shall require the Tribe to retain for at
188least a period of 5 years records of all sales to non-tribal
189members which are subject to taxation under chapter 212. The
190agreement shall permit the Department of Revenue to conduct an
191audit not more often than annually in order to verify such
192collections. The agreement shall require the Tribe to provide
193reasonable access during normal operating hours to records of
194transactions subject to the taxes collected.
195     (e)  The agreement shall provide a procedure for the
196resolution of any disputes about the amounts collected pursuant
197to the agreement. For purposes of the agreement for the
198collection and remittance of sales taxes, the agreement must
199provide that the Tribe agrees to waive its immunity, except that
200the state may seek monetary damages limited to the amount of
201taxes owed.
202     (f)  An agreement executed by the Governor pursuant to the
203authority granted in this section shall not take effect unless
204ratified by the Legislature.
205     (9)  The moneys paid by the Tribe to the state for the
206benefit of exclusivity under the compact ratified by this
207section shall be deposited into the General Revenue Fund, except
208that 3 percent of the amount paid by the Tribe to the state
209shall be designated as the local government share and shall be
210distributed as provided in subsection (10).
211     (10)  The calculations necessary to determine the local
212government share distributions shall be made by the state
213compliance agency. For purposes of determining the amount of the
214distributions under this subsection, the portion of the local
215government share derived from each casino shall be determined by
216multiplying the local government share by a fraction the
217numerator of which is the net win for the respective casino and
218the denominator of which is the sum of the net win for all
219casinos. The local government share shall be distributed as
220follows:
221     (a)  Glades County shall receive 100 percent of the local
222government share derived from the Seminole Indian Casino-
223Brighton.
224     (b)  Broward County shall receive 7.5 percent, the City of
225Coconut Creek shall receive 65 percent, the City of Coral
226Springs shall receive 15 percent, the City of Margate shall
227receive 10 percent, and the City of Parkland shall receive 2.5
228percent of the local government share derived from the Seminole
229Indian Casino-Coconut Creek.
230     (c)  Broward County shall receive 15 percent, the City of
231Hollywood shall receive 65 percent, the Town of Davie shall
232receive 10 percent, and the City of Dania Beach shall receive 10
233percent of the local government share derived from the Seminole
234Indian Casino-Hollywood.
235     (d)  Collier County shall receive 100 percent of the local
236government share derived from the Seminole Indian Casino-
237Immokalee.
238     (e)  Hendry County shall receive 100 percent of the local
239government share derived from the Seminole Indian Casino-Big
240Cypress.
241     (f)  Broward County shall receive 15 percent, the City of
242Hollywood shall receive 65 percent, the Town of Davie shall
243receive 10 percent, and the City of Dania Beach shall receive 10
244percent of the local government share derived from the Seminole
245Hard Rock Hotel & Casino-Hollywood.
246     (g)  Hillsborough County shall receive 100 percent of the
247local government share derived from the Seminole Hard Rock Hotel
248& Casino-Tampa.
249     (11)(14)  Any moneys remitted by the Tribe before the
250effective date of the a compact shall be deposited into the
251General Revenue Fund and are entered into by the state and the
252Tribe pursuant to this act shall be deemed forfeited by
253Tribe and released to the state without further obligation
254encumbrance. The Legislature further finds that acceptance and
255appropriation of such funds does not legitimize, validate, or
256otherwise ratify any previously proposed compact or the
257operation of class III games by the Tribe for any period prior
258to the effective date of the a valid compact pursuant to this
259act.
260     (12)(15)  For the purpose of satisfying the requirement in
26125 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
262under an Indian gaming compact must be permitted in the state
263for any purpose by any person, organization, or entity, the
264following class III games or other games specified in this
265section are hereby authorized to be conducted by the Tribe
266pursuant to the a compact that is substantially in the form
267provided in s. 285.711:
268     (a)  Slot machines, as defined in s. 551.102(8).
269     (b)  Games of poker without betting limits if such games
270are authorized in this state to any person for any purpose.
271     (b)(c)  Banking or banked card games, including baccarat,
272chemin de fer, and blackjack or 21 at the tribal facilities in
273Broward County, Collier County, and Hillsborough County.
274     (c)  Raffles and drawings.
275     (13)(16)  Notwithstanding any other provision of state law,
276it is not a crime for a person to participate in the games
277specified in subsection (12) (15) at a tribal facility operating
278under the a compact entered into pursuant to this section act.
279     Section 2.  Section 285.711, Florida Statutes, is repealed.
280     Section 3.  Section 285.712, Florida Statutes, is created
281to read:
282     285.712  Tribal-state gaming compacts.-
283     (1)  The Governor is the designated state officer
284responsible for negotiating and executing, on behalf of the
285state, tribal-state gaming compacts with federally recognized
286Indian tribes located within the state pursuant to the federal
287Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168
288and 25 U.S.C. ss. 2701 et seq., for the purpose of authorizing
289class III gaming, as defined in that act, on Indian lands within
290the state.
291     (2)  Any tribal-state compact relating to gaming activities
292which is entered into by an Indian tribe in this state and the
293Governor pursuant to subsection (1) must be conditioned upon
294ratification by the Legislature.
295     (3)  Following completion of negotiations and execution of
296a compact, the Governor shall submit a copy of the executed
297tribal-state compact to the President of the Senate and the
298Speaker of the House of Representatives as soon as it is
299executed. To be effective, the compact must be ratified by both
300houses of the Legislature by a majority vote of the members
301present. The Governor shall file the executed compact with the
302Secretary of State pursuant to s. 15.01.
303     (4)  Upon receipt of an act ratifying a tribal-state
304compact, the Secretary of State shall forward a copy of the
305executed compact and the ratifying act to the United States
306Secretary of the Interior for his or her review and approval, in
307accordance with 25 U.S.C. s. 2710(8)(d).
308     Section 4.  Paragraph (j) of subsection (1) of section
309551.103, Florida Statutes, is redesignated as paragraph (k), and
310a new paragraph (j) is added to that subsection to read:
311     551.103  Powers and duties of the division and law
312enforcement.-
313     (1)  The division shall adopt, pursuant to the provisions
314of ss. 120.536(1) and 120.54, all rules necessary to implement,
315administer, and regulate slot machine gaming as authorized in
316this chapter. Such rules must include:
317     (j)  Minimum standards to be followed by a slot machine
318licensee for employment of or contracts for armed or unarmed
319security personnel consistent with general law.
320     Section 5.  Section 26 of chapter 2009-170, Laws of
321Florida, is amended to read:
322     Section 26.  Sections 1 through 3 of this act and this
323section shall take effect upon becoming law. Sections 4 through
32425 shall take effect only if the Governor and an authorized
325representative of the Seminole Tribe of Florida execute an
326Indian Gaming Compact pursuant to the Indian Gaming Regulatory
327Act of 1988 and requirements of this act, only if the compact is
328ratified by the Legislature, and only if the compact is approved
329or deemed approved, and not voided pursuant to the terms of this
330act, by the Department of the Interior, and such sections take
331effect on the date that the approved compact is published in the
332Federal Register.
333     Section 6.  Sections 4 through 25 of chapter 2009-170, Laws
334of Florida, shall take effect upon this act becoming a law.
335     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2021 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader