November 16, 2018
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       Florida Senate - 2009                       CS for CS for SB 788
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Regulated Industries; and Senators Jones and King
       
       
       
       576-04566-09                                           2009788c2
    1                        A bill to be entitled                      
    2         An act relating to a gaming compact between the State
    3         of Florida and the Seminole Tribe of Florida; defining
    4         terms; providing that the previous compact between the
    5         Tribe and the Governor is not approved or ratified by
    6         the Legislature; directing the Governor to negotiate a
    7         gaming compact with the Tribe; specifying requirements
    8         and minimum standards for the compact; specifying the
    9         date on which the authority of the Governor to
   10         negotiate a compact expires; specifying games that may
   11         be authorized for play pursuant to the compact;
   12         specifying revenue sharing between the state and the
   13         Tribe; requiring the release of certain gaming
   14         revenues to the state; providing for the reduction of
   15         the Tribe’s net win on which revenue sharing is based
   16         if additional Class III games are authorized under
   17         certain circumstances; providing for completion of the
   18         term of the compact in the event that the voters
   19         repeal a constitutional provision authorizing slot
   20         machines at certain pari-mutuel facilities; providing
   21         that the compact becomes void as the result of a
   22         judicial decision or decision of the Secretary of the
   23         United States Department of the Interior invalidating
   24         certain provisions of the compact; specifying limits
   25         on the term of a compact; limiting the number of
   26         facilities at which gaming may occur; specifying
   27         requirements for a central computer system on gaming
   28         facility premises; requiring that the system provide
   29         the state with access to certain data; specifying the
   30         authority of the state to oversee gaming activities by
   31         the Tribe; requiring medical professionals employed at
   32         the Tribe’s gaming facilities to have certain minimum
   33         qualifications; requiring access for municipal or
   34         county emergency medical services; specifying minimum
   35         construction standards for the Tribe’s gaming
   36         facilities; specifying minimum environmental
   37         standards; requiring the Tribe to establish procedures
   38         to dispose of tort claims; requiring the Tribe to
   39         maintain a minimum amount of general liability
   40         insurance for tort claims; prohibiting the Tribe or
   41         its insurer from invoking sovereign immunity under
   42         certain circumstances; requiring the Tribe to waive
   43         its sovereign immunity for disputes relating to the
   44         compact; requiring presuit arbitration of disputes
   45         relating to the compact; requiring the Tribe to
   46         maintain nondiscriminatory employment practices;
   47         requiring the Tribe to use its best efforts to spend
   48         its revenue in this state; providing legislative
   49         intent to review the compact; directing the Governor
   50         to negotiate agreements with Indian tribes in this
   51         state, subject to approval by the Legislature,
   52         relating to the application state taxes on Indian
   53         lands; amending s. 1013.737, F.S.; authorizing the
   54         state to pledge to use revenues from gaming activities
   55         to repay bonds; providing a contingent effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. As used in this act, the term:
   60         (1)“Agreement” means the document executed by the Seminole
   61  Tribe of Florida and the Governor on November 14, 2007,
   62  published in the Federal Register on January 7, 2008,
   63  subsequently invalidated by the Florida Supreme Court in the
   64  case of Florida House of Representatives, et al., v. Crist, No.
   65  SC07-2154.
   66         (2)“Class II gaming” means the forms of gaming defined in
   67  25 U.S.C. s. 2703(7) and by the regulations of the National
   68  Indian Gaming Commission in effect on January 1, 2009.
   69         (3)“Class III gaming” means the forms of Class III gaming
   70  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
   71  National Indian Gaming Commission in effect on January 1, 2009.
   72         (4)“Compact” means the compact between the Seminole Tribe
   73  of Florida and the State of Florida executed by the Tribe and
   74  the state pursuant to the provisions of the Indian Gaming
   75  Regulatory Act of 1988 and this act, and approved or deemed
   76  approved by the United States Department of the Interior
   77  pursuant to 25 U.S.C. s. 2710(d)(8).
   78         (5)“Net win” means gross gaming revenue for Class III
   79  games, as such games are defined by the federal Indian Gaming
   80  Regulatory Act of 1988, which is the difference between gaming
   81  wins and losses, before deducting costs and expenses.
   82         (6)“Revenue-sharing cycle” means a 12-month period, with
   83  the first such cycle beginning on the day the compact executed
   84  pursuant to this act is approved or deemed approved by the
   85  Secretary of the United States Department of the Interior, as
   86  evidenced by the date of publication in the Federal Register.
   87         (7)“Tribe” means the Seminole Tribe of Florida.
   88         Section 2. The agreement executed by the Governor and the
   89  Tribe is not ratified or approved by the Legislature.
   90         Section 3. (1)The Governor is hereby authorized and
   91  directed to execute a compact on behalf of the State of Florida
   92  with the Tribe pursuant to the federal Indian Gaming Regulatory
   93  Act of 1988, 18 U.S.C. ss. 1166-1168, and 25 U.S.C. s. 2701 et
   94  seq., and this act for the purpose of authorizing class III
   95  gaming on Seminole lands within this state.
   96         (2)The Legislature recognizes the efforts of the Governor
   97  and the Tribe in the negotiation and formulation of the
   98  agreement. The Legislature intends that the compact entered into
   99  pursuant to this act conform to the terms and standards in the
  100  agreement to the extent that such terms and standards do not
  101  conflict with the minimum terms and standards provided in this
  102  act.
  103         (3)A compact that meets all of the minimum terms and
  104  standards specified in this act does not require subsequent
  105  approval or ratification by the Legislature. The compact shall
  106  specify a procedure for amending the compact. Any amendment to
  107  the compact which is consistent with the minimum terms and
  108  standards provided in this act does not require subsequent
  109  approval or ratification by the Legislature.
  110         (4)If any provision of the compact relating to covered
  111  games, payments, suspension or reduction in payments, or
  112  exclusivity is held by a court of competent jurisdiction or by
  113  the Secretary of the United States Department of the Interior to
  114  be invalid, the compact is void.
  115         (5)The Governor shall ensure that all revenue sharing
  116  received pursuant to the compact is deposited into the Education
  117  Enhancement Trust Fund.
  118         (6)The Governor shall provide a copy of the compact to the
  119  President of the Senate and the Speaker of the House of
  120  Representatives as soon as it is executed by the state and the
  121  Tribe and before or simultaneous with its submission to the
  122  Department of the Interior.
  123         (7)The Governor shall preserve all documents, if any,
  124  which relate to the intent or interpretation of the compact, and
  125  maintain such documents for at least the term of the compact.
  126         (8)Except for the authority granted to the Governor in
  127  section 7 of this act, the authority granted to the Governor by
  128  this act expires at 11:59 p.m. on August 31, 2009.
  129         (9)Before entering into the compact, the Governor shall
  130  verify and ensure that the Tribe has the capacity to make the
  131  periodic revenue-sharing payments required by this act, and that
  132  the Tribe is reasonably expected to reach a minimum of $1.37
  133  billion in net win during at least the first three revenue
  134  sharing cycles.
  135         (10)The compact shall also require that the Governor and
  136  the Tribe will use their best efforts to obtain the approval of
  137  the compact by the United Sates Department of the Interior.
  138         Section 4. The Division of Pari-mutuel Wagering of the
  139  Department of Business and Professional Regulation is designated
  140  as the state agency having the authority to carry out the
  141  state’s oversight responsibilities under a compact authorized by
  142  this act.
  143         Section 5. (1)Notwithstanding any other provision of law
  144  to the contrary, the Governor is authorized to negotiate a
  145  compact with the Tribe to permit the Tribe to offer for play any
  146  of the following games that are permitted in this state under
  147  limited circumstances at licensed pari-mutuel facilities:
  148         (a)Slot machines, as defined in s. 551.102(8), Florida
  149  Statutes.
  150         (b)1.Charity celebrity poker tournaments, if the compact
  151  specifies the minimum percentage of the net proceeds from each
  152  poker tournament which must be donated to a charitable
  153  organization organized pursuant to s. 501(c)(3) of the Internal
  154  Revenue Code, limits the number of tournaments that may be held
  155  each year, limits the maximum number of days that tournaments
  156  may be played, and limits the frequency of the tournaments.
  157         2.The compact shall permit the Tribe to conduct games of
  158  poker without betting limits if such games are authorized in
  159  this state to any person for any purpose.
  160         (c)Any devices or games that are authorized under state
  161  law to the Florida State Lottery, except that the Tribe may not
  162  offer such games through the Internet unless others in the state
  163  are permitted to do so.
  164         (d)Any new Class II game authorized by Florida law for any
  165  person for any purpose.
  166  (2)Notwithstanding any other provision of law to the contrary,
  167  a compact negotiated pursuant to this section shall permit the
  168  Tribe to offer for play banked card games, including baccarat,
  169  chemin de fer, and blackjack or 21, if blackjack or 21 is
  170  authorized for play at licensed pari-mutuel facilities located
  171  in Miami-Dade County or Broward County and chapter 551, Florida
  172  Statutes.
  173         (3)Notwithstanding any other provision of law to the
  174  contrary, a compact negotiated pursuant to this act shall permit
  175  the tribe to offer for play all of the following Class III
  176  games:
  177         (a)Roulette or roulette style games; and
  178         (b)Craps or craps style games.
  179         (4)(a)In consideration for authority to play the specified
  180  Class III games described in this section, the compact shall
  181  provide for revenue sharing through periodic payments to the
  182  state during the term of the compact. If net win in any cycle is
  183  less than or equal to $2 billion, revenue sharing for that cycle
  184  shall be $400 million. If net win in any cycle is more than $2
  185  billion and less than or equal to $4 billion, revenue sharing
  186  for that cycle shall be $400 million plus 10 percent of net win
  187  that is more than $2 billion and less than or equal to $4
  188  billion. If net win in any cycle is more than $4 billion,
  189  revenue sharing for that cycle shall be $600 million plus 25
  190  percent of net win that is over $4 billion. However, revenue
  191  sharing may be:
  192         1Reduced or suspended if the net win in any cycle fails to
  193  reach $1.37 billion and shall resume when the net win for a
  194  cycle or any subsequent period when revenue sharing is reduced
  195  or suspended reaches $1.37 billion.
  196         2.Reduced pursuant to subsection (8).
  197         (b)The compact shall specify a process for determining the
  198  timing and amount of any reduction of revenue-sharing payments.
  199  The process shall provide the state with at least 30 days to
  200  review the Tribe’s projection or determination that the net win
  201  for any cycle will or has failed to reach $1.37 billion.
  202         (5)Revenue sharing required by this section shall be in
  203  addition to assessments by the state, consistent with 25 U.S.C.
  204  s. 2710(d)(3)(C)(iii), in such amounts as are necessary to
  205  defray the costs of regulating activity conducted pursuant to
  206  the compact; payments, consistent with 25 U.S.C. s. 2710
  207  (b)(2)(B)(v), to help fund operations of local government
  208  agencies; any other provision of the compact relating to
  209  financial obligations of the Tribe; taxation by the Indian
  210  tribe, consistent with 25 U.S.C. 2710(d)(3)(C)(iv), of certain
  211  activities in amounts comparable to amounts assessed by the
  212  State for comparable activities; and any separate legal document
  213  obligating the Tribe to make payments or to share revenues.
  214         (6)In recognition of the fact that the Tribe has been
  215  conducting gaming consistent with the provisions of the
  216  agreement, all revenues shared or anticipated to be shared
  217  pursuant to that agreement before the date the compact is
  218  approved or deemed approved by the United States Department of
  219  the Interior shall be ratified and released to the State of
  220  Florida without further obligation or encumbrance. Acceptance of
  221  such funds by the state does not validate the agreement or the
  222  operation of the Class III gaming by the Tribe during the period
  223  a valid compact was not in effect.
  224         (7)In consideration for any additional Class III games
  225  authorized for the Tribe under subsection (3), the compact may
  226  not provide for the elimination or reduction of revenue sharing
  227  in the event that blackjack is authorized for play at licensed
  228  pari-mutuel facilities located in Miami-Dade County or Broward
  229  County.
  230         (8)The compact must provide that if one or more additional
  231  Class III games not specifically provided for in this act are
  232  authorized in this state, such event shall not result in the
  233  elimination of revenue-sharing payments under the compact, but
  234  shall provide that the Tribe’s net win on which its revenue
  235  sharing is based be reduced by an amount reasonably calculated
  236  by the parties to equal the net win from any such additional
  237  Class III gaming activities that are authorized after the
  238  effective date of the compact. However, the compact may not
  239  permit a reduction in revenue sharing as the result of an
  240  authorization for additional Class III games in Gadsden,
  241  Liberty, and Franklin Counties or counties west of those
  242  counties.
  243         (9)The compact may not provide for the elimination or
  244  reduction of revenue sharing based on the authorization of
  245  historic racing or additional Class II gaming in this state,
  246  including any Class II electronic gaming machines that may be
  247  authorized for play at licensed pari-mutuel facilities anywhere
  248  in the state.
  249         (10)The provisions of the compact, including the revenue
  250  sharing provisions, may not be reduced or eliminated by the
  251  existence of any gaming activities being conducted in Florida at
  252  the time this compact is ratified which are illegal or are of
  253  unsettled legal status as long as the state and its local
  254  governmental entities maintain at least their current reasonable
  255  level of enforcement actions against such illegal gaming
  256  activities.
  257         (11)If the Florida Constitution is amended to repeal the
  258  slot machine amendment in s. 23, Article X of the State
  259  Constitution, the Legislature authorizes the Seminoles to
  260  continue to offer the play of slot machines under the terms of
  261  the compact authorized pursuant to this section during the
  262  remainder of the term of the compact.
  263         (12)The compact shall provide that the compact is void if
  264  any provision of the compact relating to covered games,
  265  payments, reduction or suspension of payments, or exclusivity is
  266  held by a court of competent jurisdiction or determined by the
  267  Secretary of the United States Department of the Interior to be
  268  invalid.
  269         Section 6. The compact negotiated pursuant to this act must
  270  meet the following additional minimum terms and standards:
  271         (1)The compact shall provide for a term of at least 10
  272  years and no more than 25 years.
  273         (2)The compact shall authorize the Tribe to offer the play
  274  of specified Class III games at no more than seven existing
  275  Seminole Tribe of Florida gaming facilities. The compact shall
  276  identify the specific lands, locations, and existing gaming
  277  facilities on which the Tribe is authorized to offer the play of
  278  such games under the compact. The compact may permit any
  279  identified facility to be expanded or replaced by another
  280  facility on the same reservation with advance notice to the
  281  State of no less than 60 calendar days, but the number of
  282  existing facilities on each reservation shall remain the same.
  283         (3)The compact shall provide that all gaming machines on
  284  the premises of the authorized facilities will be connected to a
  285  central computerized reporting and auditing system on the gaming
  286  facility premises. The system shall:
  287         (a)Collect on a continual basis the unaltered activity of
  288  each gaming machine in use at the gaming facility.
  289         (b)Provide access to the state by a dedicated
  290  telecommunications connection, on a “read-only” basis, upon
  291  entry of appropriate security codes and permit access to and
  292  downloads of the wager and payout data of each machine,
  293  electronically captured by the central computer. However, the
  294  compact may not authorize the state to alter or affect the
  295  operation of any gaming machine or other device on the premises
  296  of the authorized gaming facility or the data provided to the
  297  central computer.
  298         (c)Be constructed and installed at the Tribe’s expense to
  299  provide electronic access to the state for the machine wager and
  300  payout data collected by the central computer.
  301         (d)Be designed in conjunction with the state and the
  302  Tribe’s technical staff so as to preserve the integrity of the
  303  system and the data contained therein, to minimize any
  304  possibility of unauthorized access to the system or tampering
  305  with the data, and to minimize any access by the state to
  306  information other than machine wager and payout data residing in
  307  the central reporting and auditing system.
  308         (4)The compact shall designate the Division of Pari-mutuel
  309  Wagering of the Department of Business and Professional
  310  Regulation as the state agency authorized to carry out the
  311  state’s oversight responsibilities under the compact.
  312         (5)The compact shall require the state to monitor the
  313  Tribe’s compliance with the provisions of the compact, and:
  314         (a)Permit the state to have access, during regular hours
  315  of operation, to any public areas of each gaming facility that
  316  is conducting gaming activities under the authority of the
  317  compact without prior notice, or with concurrent notice, and to
  318  any nonpublic area of the facilities without prior notice, or
  319  with concurrent notice;
  320         (b)Permit the state to conduct oversight testing,
  321  including random inspections, of any games or devices authorized
  322  under the compact;
  323         (c)Provide for annual audits by the state or an
  324  independent third party to review slot machine and other Class
  325  III gaming compliance under the terms of the compact;
  326         (d)Require an annual independent financial audit to verify
  327  compliance with any obligations of the Seminole Tribe of Florida
  328  under the compact, including financial and auditing provisions,
  329  which audit shall be paid by the Tribe; and
  330         (e)Permit the state to inspect, review, and receive
  331  requested copies of any records of the Tribe which it deems
  332  necessary to verify compliance with any gaming or financial
  333  obligations of the Seminole Tribe of Florida under the compact.
  334         (6)The compact may not:
  335         (a)Limit the number of times or opportunities that the
  336  state may inspect any covered games or gaming devices in
  337  operation at facilities on a random basis to confirm that the
  338  operation and play of the games or devices conform to
  339  manufacturer’s technical standards or to the standards specified
  340  in the compact; or
  341         (b)Limit the number of times the state may review internal
  342  controls and violations by authorized facilities.
  343         (7)The compact shall require the Tribe to:
  344         (a)Employ, permit, or authorize only medical professionals
  345  at its gaming facilities who are licensed by this state; and
  346         (b)Allow unimpeded access to the gaming facilities by
  347  municipal or county emergency medical services.
  348         (8)The compact shall require the Tribe to ensure that the
  349  construction and maintenance of gaming facilities will comply
  350  with standards that are at least as stringent as the Florida
  351  Building Code.
  352         (9)The compact shall provide that, at a minimum, the
  353  environmental requirements of any federal permit must ensure
  354  that the standards established for the state’s environmental
  355  resource permitting program as provided for in s. 373.414,
  356  Florida Statutes, are met.
  357         (10)The compact shall require the Tribe to establish
  358  written, reasonable procedures for the disposition of tort
  359  claims arising from personal injury or property damage alleged
  360  to have been suffered by patrons and invitees of its authorized
  361  gaming facilities and to enact such tribal law as is necessary
  362  to implement these procedures. The procedures shall include all
  363  such tort claims, including claims that exceed the liability
  364  insurance limits specified in subsection (11). The procedures
  365  shall include all time limits that are applicable to the
  366  disposition of the tort claim and a provision that, upon
  367  request, the patron or invitee, or the patron’s or invitee’s
  368  designated representative, shall be provided with a copy of the
  369  procedures as well as the name, address, and telephone number of
  370  the operator of the facility and the mailing address and
  371  telephone number of the clerk of the Tribe’s tribal court. The
  372  Tribe shall not be deemed to have waived its sovereign immunity
  373  from suit with respect to such claims by establishing such
  374  procedures but must agree not to assert its sovereign immunity
  375  with respect to such claims as provided in subsection (11).
  376         (11)The compact shall provide that, during the term of the
  377  compact, the Tribe shall maintain a policy of commercial general
  378  liability insurance which has a combined single limit for
  379  personal injury and property damage of not less than $2 million
  380  per occurrence and in the aggregate. The compact shall require
  381  the amount of the coverage to be adjusted annually based on
  382  increases in the Consumer Price Index. The insurance policy
  383  shall:
  384         (a)Prohibit the insurer or the Tribe from invoking tribal
  385  sovereign immunity up to the limits of the policy with respect
  386  to any claim covered under the policy and disposed of in
  387  accordance with the Tribe’s tort claim procedures.
  388         (b)Include covered claims made by a patron or invitee for
  389  personal injury or property damage.
  390         (c)Permit the insurer or the Tribe to assert any statutory
  391  or common law defense other than sovereign immunity.
  392         (d)Provide that any award or judgment rendered in favor of
  393  a patron or invitee shall be satisfied solely from insurance
  394  proceeds.
  395         (12)The compact shall provide a reasonable process for the
  396  expedited resolution of disputes between the state and the Tribe
  397  which arise under the compact. The compact shall:
  398         (a)Provide that the Tribe waives its sovereign immunity as
  399  to any disputes between the state and the Tribe arising out of
  400  the compact.
  401         (b)Require presuit nonbinding arbitration before a lawsuit
  402  can be filed concerning the dispute.
  403         (c)Provide that either party may demand presuit nonbinding
  404  arbitration to resolve any dispute between the parties arising
  405  under the compact.
  406         1.The party demanding the presuit nonbinding arbitration
  407  shall immediately ask the American Arbitration Association to
  408  furnish a list of 11 arbitrators, each of whom shall have at
  409  least 5 years of commercial arbitration experience and no
  410  financial interest in or prior relationship with any of the
  411  parties or their affiliated or related entities or principals.
  412         2.The state and the Tribe shall each select a single
  413  arbitrator from the list provided by the American Arbitration
  414  Association within 10 days after receipt, and the individuals so
  415  selected shall choose one additional arbitrator from the list
  416  within the next 10 days. The three arbitrators selected shall
  417  constitute the panel that shall arbitrate the dispute between
  418  the parties pursuant to the American Arbitration Association
  419  Commercial Arbitration Rules and chapter 682, Florida Statutes.
  420         3.At the conclusion of the proceedings, which shall be no
  421  later than 90 days after the demand for arbitration, the
  422  arbitration panel shall present to the parties a proposed
  423  agreement that the majority of the panel believes equitably
  424  balances the rights, interests, obligations, and reasonable
  425  expectations of the parties.
  426         4.The parties shall, within 10 days after the arbitration
  427  panel’s issuance of the proposed agreement, enter into such
  428  agreement or notify the opposing party of its intent to reject
  429  the agreement and proceed with a lawsuit to resolve the dispute.
  430         5.Each party shall pay its respective costs of arbitration
  431  and shall pay one-half of the costs of the arbitration panel.
  432         (13)The compact shall provide for the exercise of fair
  433  employment practices by the Tribe. The compact shall require the
  434  Tribe to maintain employment standards that are comparable to
  435  the standards provided in federal laws and state laws which
  436  forbid employers from discriminating in connection with
  437  employment of persons working at the gaming facilities
  438  identified under the compact on the basis of race, color,
  439  religion, natural origin, gender, age, disability or handicap,
  440  or marital status. The Tribe may give preference in employment,
  441  promotion, seniority, layoffs, or retention to members of the
  442  Tribe and other federally recognized Tribes. The Tribe shall
  443  provide a process for employee disputes which permits the
  444  employee to be represented by an attorney or other legally
  445  authorized representative. The process shall permit the employee
  446  to use language interpreters, including interpreters for the
  447  deaf or hard of hearing.
  448         (14)The compact shall provide that the Tribe will use its
  449  best efforts to spend its revenue in this state to acquire goods
  450  and services from Florida-based vendors, professionals, and
  451  material and service providers.
  452         (15)It is the intent of the Legislature to review a
  453  compact entered into under the provisions of this section every
  454  5 years. It is the intent of the Legislature to consider the
  455  authorization of additional Class III games for operation by the
  456  Tribe based upon successful implementation of the compact and
  457  the history of compliance with the compact.
  458         Section 7. The Governor of this state is hereby authorized
  459  and directed to execute an agreement on behalf of the State of
  460  Florida with the Indian tribes in this state, acting on a
  461  government-to-government basis, to develop and implement a fair
  462  and workable arrangement to apply state taxes on persons and
  463  transactions on Indian lands. Such agreements shall address the
  464  imposition of specific taxes and exemptions from those taxes. An
  465  agreement executed by the Governor pursuant to the authority
  466  granted in this section shall not take effect unless approved or
  467  ratified by the Legislature.
  468         Section 8. Subsection (3) of section 1013.737, Florida
  469  Statutes, is amended to read:
  470         1013.737 The Class Size Reduction Lottery Revenue Bond
  471  Program.—There is established the Class Size Reduction Lottery
  472  Revenue Bond Program.
  473         (3) The state hereby covenants with the holders of such
  474  revenue bonds that it will not take any action that will
  475  materially and adversely affect the rights of such holders so
  476  long as bonds authorized by this section are outstanding. The
  477  state does hereby additionally authorize the establishment of a
  478  covenant in connection with the bonds which provides that any
  479  additional funds received by the state from new or enhanced
  480  lottery programs;, video gaming; banking card games including
  481  baccarat, chemin de fer, or blackjack; electronic or
  482  electromechanical facsimiles of any game of chance; casino
  483  games; slot machines;, or other similar activities will first be
  484  available for payments relating to bonds pledging revenues
  485  available pursuant to s. 24.121(2), prior to use for any other
  486  purpose.
  487         Section 9. This act shall take effect on the same date that
  488  section 1 of CS for SB 836, or similar legislation, takes effect
  489  if such legislation is adopted during the 2009 legislative
  490  session, or an extension thereof, and becomes law.

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