October 16, 2019
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       CS for SB 622                             Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       2010622e2
       
    1                        A bill to be entitled                      
    2         An act relating to gaming; amending s. 285.710, F.S.,
    3         relating to compact authorization; providing
    4         definitions; providing that specified agreements
    5         executed by the Seminole Tribe of Florida and the
    6         Governor are void and not in effect; ratifying and
    7         approving a specified compact executed by the Tribe
    8         and the Governor; directing the Governor to cooperate
    9         with the Tribe in seeking approval of the compact from
   10         the United States Secretary of the Interior; revising
   11         powers and duties of the Governor regarding a compact
   12         and amendments to a compact between the Tribe and the
   13         state; revising a provision that specifies that the
   14         compact is invalid if certain provisions are held
   15         invalid by a court or the United States Department of
   16         the Interior; revising a provision for the effect on
   17         the compact of certain changes to the Indian Gaming
   18         Regulatory Act; removing a provision directing the
   19         Governor to ensure certain funds received are
   20         deposited in a specified fund; removing a provision
   21         for expiration of certain authority granted to the
   22         Governor; removing a provision that expresses
   23         legislative intent; revising duties of the Governor to
   24         execute an agreement for application of certain state
   25         taxes on Indian lands; providing for distribution of
   26         certain moneys paid to the state; providing for the
   27         calculation and distribution of a local government
   28         share of such moneys; revising provisions for moneys
   29         remitted by the Tribe to the state before the
   30         effective date of the compact; providing for deposit
   31         of the moneys into the General Revenue Fund; revising
   32         provisions that authorize certain gaming activity;
   33         repealing s. 285.711, F.S., relating to a gaming
   34         compact between the Seminole Tribe and the State of
   35         Florida; creating s. 285.712, F.S.; providing that the
   36         Governor is the designated state officer responsible
   37         for negotiating and executing, on behalf of the state,
   38         tribal-state gaming compacts with certain Indian
   39         tribes; requiring any such compact to be conditioned
   40         on ratification by the Legislature; providing
   41         procedures for ratification of a compact and
   42         submission to the United States Secretary of the
   43         Interior for review and approval; amending s. 26 of
   44         chapter 2009-170, Laws of Florida, an act relating to
   45         gaming; revising the effective date for provisions of
   46         that act to remove contingency requirements applicable
   47         to provisions relating to the pari-mutuel industry;
   48         providing a date for those provisions to take effect;
   49         providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 285.710, Florida Statutes, is amended to
   54  read:
   55         285.710 Compact authorization.—
   56         (1) As Terms used in this section, the term: have the same
   57  meaning as provided in s. 285.711.
   58         (a) “Compact” means the Gaming Compact between the Seminole
   59  Tribe of Florida and the State of Florida, executed on April 7,
   60  2010.
   61         (b) “Covered games” means the games authorized for the
   62  Seminole Tribe of Florida under the compact.
   63         (c) “Documents” means books, records, electronic, magnetic
   64  and computer media documents, and other writings and materials,
   65  copies thereof, and information contained therein.
   66         (d) “Indian Gaming Regulatory Act” or “IGRA” means the
   67  Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
   68  1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
   69  and 18 U.S.C. ss. 1166-1168.
   70         (e) “State” means the State of Florida.
   71         (f) “State compliance agency” means the Division of Pari
   72  mutuel Wagering of the Department of Business and Professional
   73  Regulation which is designated as the state agency having the
   74  authority to carry out the state’s oversight responsibilities
   75  under the compact.
   76         (g) “Tribe” means the Seminole Tribe of Florida or any
   77  affiliate thereof conducting activities pursuant to the compact
   78  under the authority of the Seminole Tribe of Florida have the
   79  same meaning as provided in s. 285.711.
   80         (2)(a) The agreement executed by the Governor and the Tribe
   81  on November 14, 2007, published in the Federal Register on
   82  January 7, 2008, and subsequently invalidated by the Florida
   83  Supreme Court in the case of Florida House of Representatives,
   84  et al. v. The Honorable Charles J. Crist, No. SC07-2154, (2008),
   85  is not ratified or approved by the Legislature, and is void, and
   86  is not in effect.
   87         (b) The agreement executed by the Governor and the Tribe on
   88  August 28, 2009, and August 31, 2009, respectively, and
   89  transmitted to the President of the Senate and the Speaker of
   90  the House of Representatives, is not ratified or approved by the
   91  Legislature, is void, and is not in effect.
   92         (3) The Gaming Compact between the Seminole Tribe of
   93  Florida and the State of Florida, executed by the Governor and
   94  the Tribe on April 7, 2010, is ratified and approved. The
   95  Governor shall cooperate with the Tribe in seeking approval of
   96  the compact from the United States Secretary of the Interior.
   97         (3) Subject to the limitations in s. 285.711, the Governor
   98  is hereby authorized and directed to negotiate and execute a
   99  compact on behalf of the state with the Tribe pursuant to the
  100  federal Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss.
  101  1166-1168, and 25 U.S.C. ss. 2701 et seq., and this act for the
  102  purpose of authorizing Class III gaming on Seminole lands within
  103  this state. Any such compact shall not be deemed entered into by
  104  the state unless and until it is ratified by the Legislature.
  105         (4) The Governor is authorized to bind the state to any
  106  amendment to the compact that is consistent with the terms and
  107  standards in this section and s. 285.711, provided that any
  108  amendment to provisions relating to covered games, the amount of
  109  revenue sharing payments, suspension or reduction of payments,
  110  or exclusivity shall require ratification by the Legislature.
  111         (5)(a) The Governor shall provide a copy of the compact to
  112  the President of the Senate and the Speaker of the House of
  113  Representatives as soon as it is executed. The compact shall not
  114  be submitted to the Department of the Interior by or on behalf
  115  of the state or the Tribe until it has been ratified by the
  116  Legislature.
  117         (b) The Governor shall provide a copy of any amendment to
  118  the compact to the President of the Senate and the Speaker of
  119  the House of Representatives as soon as it is executed and
  120  before or simultaneous with its submission to the Department of
  121  the Interior, provided that any amendment requiring ratification
  122  by the Legislature shall not be submitted to the Department of
  123  the Interior for approval until such ratification has occurred.
  124         (4)(6) The Governor shall preserve all documents, if any,
  125  which relate to the intent or interpretation of the compact, and
  126  maintain such documents for at least the term of the compact.
  127         (5)(7) If any provision of the compact relating to covered
  128  games, revenue-sharing payments, suspension or reduction in
  129  payments, or exclusivity is held by a court of competent
  130  jurisdiction or by the Department of the Interior to be invalid,
  131  the compact is void.
  132         (6)(8)If In the event that a subsequent change to the
  133  Indian Gaming Regulatory Act, or to an implementing regulation
  134  thereof, mandates the retroactive application of such change
  135  without the respective consent of the state or Tribe, the
  136  compact is void if the change it materially alters any provision
  137  the terms and standards in the compact relating to the covered
  138  games, revenue-sharing payments, suspension or reduction of
  139  payments, or exclusivity.
  140         (9) The Governor shall ensure that all revenue sharing
  141  received pursuant to the compact and agreement executed by the
  142  Governor and the Tribe on November 14, 2007, is deposited into
  143  the Education Enhancement Trust Fund provided that, if necessary
  144  to comply with any covenant established pursuant to s.
  145  1013.68(4), s. 1013.70(1), or s. 1013.737(3), funds transferred
  146  to the Educational Enhancement Trust Fund shall be first
  147  available to pay debt service on lottery bonds issued to fund
  148  school construction in the event lottery revenues are
  149  insufficient for such purpose or to satisfy debt service reserve
  150  requirements established in connection with lottery bonds.
  151         (10) Except for the authority granted to the Governor in
  152  subsections (4) and (13), the authority granted to the Governor
  153  by this section and s. 285.711 expires at 11:59 p.m. on August
  154  31, 2009.
  155         (11) It is the intent of the Legislature to review a
  156  compact entered into under the provisions of this section within
  157  5 years after the compact is approved. It is the intent of the
  158  Legislature to consider the authorization of additional Class
  159  III games for operation by the Tribe based upon successful
  160  implementation of the compact and the history of compliance with
  161  the compact.
  162         (7)(12) The Division of Pari-mutuel Wagering of the
  163  Department of Business and Professional Regulation is designated
  164  as the state compliance agency having the authority to carry out
  165  the state’s oversight responsibilities under the a compact
  166  authorized by this section act.
  167         (8)(13)(a) The Governor is authorized and directed to
  168  execute an agreement on behalf of the state of Florida with the
  169  Indian tribes in this state, acting on a government-to
  170  government basis, to develop and implement a fair and workable
  171  arrangement to apply state taxes on persons and transactions on
  172  Indian lands. Such agreements shall address the imposition of
  173  specific taxes, including sales taxes and exemptions from those
  174  taxes.
  175         (b) The agreement shall address the Tribe’s collection and
  176  remittance of sales taxes imposed by chapter 212 to the
  177  Department of Revenue. The sales taxes collected and remitted by
  178  the Tribe shall be based on all sales to non-tribal members,
  179  except those non-tribal members who hold valid exemption
  180  certificates issued by the Department of Revenue, exempting the
  181  sales from taxes imposed by chapter 212.
  182         (c) The agreement shall require the Tribe to register with
  183  the Department of Revenue and remit to the Department of Revenue
  184  the taxes collected.
  185         (d) The agreement shall require the Tribe to retain for at
  186  least a period of 5 years records of all sales to non-tribal
  187  members which are subject to taxation under chapter 212. The
  188  agreement shall permit the Department of Revenue to conduct an
  189  audit not more often than annually in order to verify such
  190  collections. The agreement shall require the Tribe to provide
  191  reasonable access during normal operating hours to records of
  192  transactions subject to the taxes collected.
  193         (e) The agreement shall provide a procedure for the
  194  resolution of any disputes about the amounts collected pursuant
  195  to the agreement. For purposes of the agreement for the
  196  collection and remittance of sales taxes, the agreement must
  197  provide that the Tribe agrees to waive its immunity, except that
  198  the state may seek monetary damages limited to the amount of
  199  taxes owed.
  200         (f) An agreement executed by the Governor pursuant to the
  201  authority granted in this section shall not take effect unless
  202  ratified by the Legislature.
  203         (9)The moneys paid by the Tribe to the state for the
  204  benefit of exclusivity under the compact ratified by this
  205  section shall be deposited into the General Revenue Fund. Three
  206  percent of the amount paid by the Tribe to the state shall be
  207  designated as the local government share and shall be
  208  distributed as provided in subsections (10) and (11).
  209         (10) The calculations necessary to determine the local
  210  government share distributions shall be made by the state
  211  compliance agency based upon the net win per facility as
  212  provided by the Tribe. The local government share attributable
  213  to each casino shall be distributed as follows:
  214         (a) Broward County shall receive 22.5 percent, the City of
  215  Coconut Creek shall receive 55 percent, the City of Coral
  216  Springs shall receive 12 percent, the City of Margate shall
  217  receive 8.5 percent, and the City of Parkland shall receive 2
  218  percent of the local government share derived from the Seminole
  219  Indian Casino-Coconut Creek.
  220         (b) Broward County shall receive 25 percent, the City of
  221  Hollywood shall receive 55 percent, the Town of Davie shall
  222  receive 10 percent, and the City of Dania Beach shall receive 10
  223  percent of the local government share derived from the Seminole
  224  Indian Casino-Hollywood.
  225         (c) Broward County shall receive 25 percent, the City of
  226  Hollywood shall receive 55 percent, the Town of Davie shall
  227  receive 10 percent, and the City of Dania Beach shall receive 10
  228  percent of the local government share derived from the Seminole
  229  Hard Rock Hotel & Casino-Hollywood.
  230         (d) Collier County shall receive 100 percent of the local
  231  government share derived from the Seminole Indian Casino
  232  Immokalee.
  233         (e) Glades County shall receive 100 percent of the local
  234  government share derived from the Seminole Indian Casino-
  235  Brighton.
  236         (f) Hendry County shall receive 100 percent of the local
  237  government share derived from the Seminole Indian Casino-Big
  238  Cypress.
  239         (g) Hillsborough County shall receive 100 percent of the
  240  local government share derived from the Seminole Hard Rock Hotel
  241  & Casino-Tampa.
  242         (11) Upon receipt of the annual audited revenue figures
  243  from the Tribe and completion of the calculations as provided in
  244  subsection (10), the state compliance agency shall certify the
  245  results to the Chief Financial Officer and shall request the
  246  distributions to be paid from the General Revenue Fund within 30
  247  days after authorization of nonoperating budget authority
  248  pursuant to s. 216.181(12).
  249         (12)(14) Any moneys remitted by the Tribe before the
  250  effective date of the a compact shall be deposited into the
  251  General Revenue Fund and are entered into by the state and the
  252  Tribe pursuant to this act shall be deemed forfeited by the
  253  Tribe and released to the state without further obligation or
  254  encumbrance. The Legislature further finds that acceptance and
  255  appropriation of such funds does not legitimize, validate, or
  256  otherwise ratify any previously proposed compact or the
  257  operation of class III games by the Tribe for any period prior
  258  to the effective date of the a valid compact pursuant to this
  259  act.
  260         (13)(15) For the purpose of satisfying the requirement in
  261  25 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  262  under an Indian gaming compact must be permitted in the state
  263  for any purpose by any person, organization, or entity, the
  264  following class III games or other games specified in this
  265  section are hereby authorized to be conducted by the Tribe
  266  pursuant to the a compact that is substantially in the form
  267  provided 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 are
  270  authorized in this state to any person for any purpose.
  271         (b)(c) Banking or banked card games, including baccarat,
  272  chemin de fer, and blackjack or 21 at the tribal facilities in
  273  Broward County, Collier County, and Hillsborough County.
  274         (c) Raffles and drawings.
  275         (14)(16) Notwithstanding any other provision of state law,
  276  it is not a crime for a person to participate in the games
  277  specified in subsection (13) (15) at a tribal facility operating
  278  under 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 to
  281  read:
  282         285.712 Tribal-state gaming compacts.—
  283         (1) The Governor is the designated state officer
  284  responsible for negotiating and executing, on behalf of the
  285  state, tribal-state gaming compacts with federally recognized
  286  Indian tribes located within the state pursuant to the federal
  287  Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168
  288  and 25 U.S.C. ss. 2701 et seq., for the purpose of authorizing
  289  class III gaming, as defined in that act, on Indian lands within
  290  the state.
  291         (2) Any tribal-state compact relating to gaming activities
  292  which is entered into by an Indian tribe in this state and the
  293  Governor pursuant to subsection (1) must be conditioned upon
  294  ratification by the Legislature.
  295         (3) Following completion of negotiations and execution of a
  296  compact, the Governor shall submit a copy of the executed
  297  tribal-state compact to the President of the Senate and the
  298  Speaker of the House of Representatives as soon as it is
  299  executed. To be effective, the compact must be ratified by both
  300  houses of the Legislature by a majority vote of the members
  301  present. The Governor shall file the executed compact with the
  302  Secretary of State pursuant to s. 15.01.
  303         (4) Upon receipt of an act ratifying a tribal-state
  304  compact, the Secretary of State shall forward a copy of the
  305  executed compact and the ratifying act to the United States
  306  Secretary of the Interior for his or her review and approval, in
  307  accordance with 25 U.S.C. s. 2710(8)(d).
  308         Section 4. Section 26 of chapter 2009-170, Laws of Florida,
  309  is amended to read:
  310         Section 26. Sections 1 through 3 of this act and this
  311  section shall take effect upon becoming law. Sections 4 through
  312  25 shall take effect only if the Governor and an authorized
  313  representative of the Seminole Tribe of Florida execute an
  314  Indian Gaming Compact pursuant to the Indian Gaming Regulatory
  315  Act of 1988 and requirements of this act, only if the compact is
  316  ratified by the Legislature, and only if the compact is approved
  317  or deemed approved, and not voided pursuant to the terms of this
  318  act, by the Department of the Interior, and such sections take
  319  effect on the date that the approved compact is published in the
  320  Federal Register.
  321         Section 5. Sections 4 through 25 of chapter 2009-170, Laws
  322  of Florida, shall take effect July 1, 2010.
  323         Section 6. This act shall take effect upon becoming a law.

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