December 12, 2019
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       Florida Senate - 2010                              CS for SB 622
       
       
       
       By the Committee on Regulated Industries; and Senator Jones
       
       
       
       
       580-03623-10                                           2010622c1
    1                        A bill to be entitled                      
    2         An act relating to gaming; providing legislative
    3         intent regarding a tribal-state compact; amending s.
    4         285.710, F.S.; clarifying that the tribal-state
    5         compact executed by the Governor and the Seminole
    6         Tribe of Florida on November 14, 2007, is void and not
    7         in effect; providing that the tribal-state compact
    8         executed by the Seminole Tribe of Florida and the
    9         Governor on August 28, 2009, and August 31, 2009,
   10         respectively, is void and not in effect; creating s.
   11         285.712, F.S.; designating the Governor as the
   12         official to negotiate tribal-state compacts; providing
   13         for ratification of tribal-state compacts by the
   14         Legislature; providing for submission of the tribal
   15         state compact to the Legislature and Secretary of
   16         State; providing for submission of the tribal-state
   17         compact to the Secretary of the Interior; amending s.
   18         26 of chapter 2009-170, Laws of Florida, relating to
   19         the effective date of a prior act of the Legislature
   20         relating to gaming; conforming provisions to changes
   21         made by the act; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. It is the intent of the Legislature to review
   26  any tribal-state gaming compact executed between the Governor
   27  and the Seminole Tribe of Florida. It is further the intent of
   28  the Legislature to ratify the compact if it is in the best
   29  interests of the people of the State of Florida.
   30         Section 2. Subsection (2) of section 285.710, Florida
   31  Statutes, is amended to read:
   32         285.710 Compact authorization.—
   33         (2)(a) The agreement executed by the Governor and the
   34  Seminole Tribe of Florida on November 14, 2007, published in the
   35  Federal Register on January 7, 2008, and subsequently
   36  invalidated by the Florida Supreme Court in the case of Florida
   37  House of Representatives, et al. v. The Honorable Charles J.
   38  Crist, Jr., etc., No. SC07-2154, (2008) is not ratified or
   39  approved by the Legislature and is void and is not in effect.
   40         (b) The agreement executed by the Seminole Tribe of Florida
   41  and the Governor on August 28, 2009, and August 31, 2009,
   42  respectively, and transmitted to the President of the Senate and
   43  the Speaker of the House of Representatives, is not ratified or
   44  approved by the Legislature and is void and not in effect.
   45         Section 3. Section 285.712, Florida Statutes, is created to
   46  read:
   47         285.712Tribal-state gaming compacts.—
   48         (1)The Governor is the designated state officer
   49  responsible for negotiating and executing, on behalf of the
   50  state, tribal-state gaming compacts with federally recognized
   51  Indian tribes located within the State of Florida pursuant to
   52  the federal Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss.
   53  1166-1168, and 25 U.S.C. s. 2701 et seq., for the purpose of
   54  authorizing class III gaming, as defined in that act, on Indian
   55  lands within this state.
   56         (2)Any tribal-state compact relating to gaming activities
   57  which is entered into by an Indian tribe in this state and the
   58  Governor pursuant to subsection (1) must be conditioned upon
   59  ratification by the Legislature.
   60         (3)Following completion of negotiations and execution of a
   61  compact, the Governor shall submit a copy of the executed
   62  tribal-state compact to the President of the Senate and the
   63  Speaker of the House of Representatives as soon as it is
   64  executed. To be effective, the compact must be ratified by a
   65  majority vote by both houses of the Legislature. The Governor
   66  shall file the executed compact with the Secretary of State
   67  pursuant to s. 15.01.
   68         (4)Upon receipt of an act ratifying the tribal-state
   69  compact, the Secretary of State shall forward a copy of the
   70  executed compact and the ratifying act to the United States
   71  Secretary of the Interior for his or her review and approval, in
   72  accordance with 25 U.S.C. s. 2710(8)(d).
   73         Section 4. Section 26 of chapter 2009-170, Laws of Florida,
   74  is amended to read:
   75         Section 26. Sections 1 through 3 of this act and this
   76  section shall take effect upon becoming law. Sections 4 through
   77  25 shall take effect on the date that Senate Bill 622, 2010
   78  Regular Session, or similar legislation becomes law only if the
   79  Governor and an authorized representative of the Seminole Tribe
   80  of Florida execute an Indian Gaming Compact pursuant to the
   81  Indian Gaming Regulatory Act of 1988 and requirements of this
   82  act, only if the compact is ratified by the Legislature, and
   83  only if the compact is approved or deemed approved, and not
   84  voided pursuant to the terms of this act, by the Department of
   85  the Interior, and such sections take effect on the date that the
   86  approved compact is published in the Federal Register.
   87         Section 5. This act shall take effect upon becoming a law.

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