March 22, 2019
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       CS for CS for SB 788                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2009788e1
       
    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 and agreement is deposited into
  117  the Education 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
  167  contrary, a compact negotiated pursuant to this section shall
  168  permit the Tribe to offer for play banked card games, including
  169  baccarat, chemin de fer, and blackjack or 21, if blackjack or 21
  170  is authorized for play at licensed pari-mutuel facilities
  171  located in Miami-Dade County or Broward County and chapter 551,
  172  Florida 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)For the purpose of satisfying the requirement in 25
  180  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  181  under an Indian gaming compact must be permitted in the state
  182  for any purpose by any person, organization or entity, the Class
  183  III games specified in this section are hereby authorized to be
  184  conducted in Florida pursuant to a compact that meets all of the
  185  terms and standards required by this act.
  186         (5)(a) In consideration for authority to play the specified
  187  Class III games described in this section, the compact shall
  188  provide for revenue sharing through periodic payments to the
  189  state during the term of the compact. If net win in any cycle is
  190  less than or equal to $2 billion, revenue sharing for that cycle
  191  shall be $400 million. If net win in any cycle is more than $2
  192  billion and less than or equal to $4 billion, revenue sharing
  193  for that cycle shall be $400 million plus 10 percent of net win
  194  that is more than $2 billion and less than or equal to $4
  195  billion. If net win in any cycle is more than $4 billion,
  196  revenue sharing for that cycle shall be $600 million plus 25
  197  percent of net win that is over $4 billion. However, revenue
  198  sharing may be:
  199         1. Reduced or suspended if the net win in any cycle fails
  200  to reach $1.37 billion and shall resume when the net win for a
  201  cycle or any subsequent period reaches $1.37 billion.
  202         2. Reduced pursuant to subsection (10).
  203         (b) The compact shall specify a process for determining the
  204  timing and amount of any reduction of revenue sharing payments.
  205  The process shall provide the state with at least 30 days to
  206  review the Tribe’s projection or determination that the net win
  207  for any cycle will or has failed to reach $1.37 billion.
  208         (6) The compact may not provide for the elimination or
  209  reduction of revenue sharing based on the authorization of any
  210  Class III gaming by compact between the state and any other
  211  federally recognized tribe in this state pursuant to the Indian
  212  Gaming Regulatory Act.
  213         (7)Revenue sharing required by this section shall be in
  214  addition to assessments by the state, consistent with 25 U.S.C.
  215  s. 2710(d)(3)(C)(iii), in such amounts as are necessary to
  216  defray the costs of regulating activity conducted pursuant to
  217  the compact; payments, consistent with 25 U.S.C. s. 2710
  218  (b)(2)(B)(v), to help fund operations of local government
  219  agencies; any other provision of the compact relating to
  220  financial obligations of the Tribe; taxation by the Indian
  221  tribe, consistent with 25 U.S.C. 2710(d)(3)(C)(iv), of certain
  222  activities in amounts comparable to amounts assessed by the
  223  State for comparable activities; and any separate legal document
  224  obligating the Tribe to make payments or to share revenues.
  225         (8)In recognition of the fact that the Tribe has been
  226  conducting gaming consistent with the provisions of the
  227  agreement, all revenues shared or anticipated to be shared
  228  pursuant to that agreement before the date the compact is
  229  approved or deemed approved by the United States Department of
  230  the Interior shall be ratified and released to the State of
  231  Florida without further obligation or encumbrance. Acceptance of
  232  such funds by the state does not validate the agreement or the
  233  operation of the Class III gaming by the Tribe during the period
  234  a valid compact was not in effect.
  235         (9)In consideration for any additional Class III games
  236  authorized for the Tribe under subsection (3), the compact may
  237  not provide for the elimination or reduction of revenue sharing
  238  in the event that blackjack is authorized for play at licensed
  239  pari-mutuel facilities located in Miami-Dade County or Broward
  240  County.
  241         (10)The compact must provide that if one or more
  242  additional Class III games not specifically provided for in this
  243  act are authorized in this state, such event shall not result in
  244  the elimination of revenue-sharing payments under the compact,
  245  but shall provide that the Tribe’s net win on which its revenue
  246  sharing is based be reduced by an amount reasonably calculated
  247  by the parties to equal the net win from any such additional
  248  Class III gaming activities that are authorized after the
  249  effective date of the compact. However, the compact may not
  250  permit a reduction in revenue sharing as the result of an
  251  authorization for additional Class III games in Gadsden,
  252  Liberty, and Franklin Counties or counties west of those
  253  counties.
  254         (11)The compact may not provide for the elimination or
  255  reduction of revenue sharing based on the authorization of
  256  historic racing or additional Class II gaming in this state,
  257  including any Class II electronic gaming machines that may be
  258  authorized for play at licensed pari-mutuel facilities anywhere
  259  in the state.
  260         (12)The provisions of the compact, including the revenue
  261  sharing provisions, may not be reduced or eliminated by the
  262  existence of any gaming activities being conducted in Florida at
  263  the time this compact is ratified which are illegal or are of
  264  unsettled legal status as long as the state and its local
  265  governmental entities maintain at least their current reasonable
  266  level of enforcement actions against such illegal gaming
  267  activities.
  268         (13)If the Florida Constitution is amended to repeal the
  269  slot machine amendment in s. 23, Article X of the State
  270  Constitution, the Legislature authorizes the Seminoles to
  271  continue to offer the play of slot machines under the terms of
  272  the compact authorized pursuant to this section during the
  273  remainder of the term of the compact.
  274         (14)The compact shall provide that the compact is void if
  275  any provision of the compact relating to covered games,
  276  payments, reduction or suspension of payments, or exclusivity is
  277  held by a court of competent jurisdiction or determined by the
  278  Secretary of the United States Department of the Interior to be
  279  invalid.
  280         Section 6. The compact negotiated pursuant to this act must
  281  meet the following additional minimum terms and standards:
  282         (1)The compact shall provide for a term of at least 10
  283  years and no more than 25 years.
  284         (2)The compact shall authorize the Tribe to offer the play
  285  of specified Class III games at no more than seven existing
  286  Seminole Tribe of Florida gaming facilities. The compact shall
  287  identify the specific lands, locations, and existing gaming
  288  facilities on which the Tribe is authorized to offer the play of
  289  such games under the compact. The compact may permit any
  290  identified facility to be expanded or replaced by another
  291  facility on the same reservation with advance notice to the
  292  State of no less than 60 calendar days, but the number of
  293  existing facilities on each reservation shall remain the same.
  294         (3)The compact shall provide that all gaming machines on
  295  the premises of the authorized facilities will be connected to a
  296  central computerized reporting and auditing system on the gaming
  297  facility premises. The system shall:
  298         (a)Collect on a continual basis the unaltered activity of
  299  each gaming machine in use at the gaming facility.
  300         (b)Provide access to the state by a dedicated
  301  telecommunications connection, on a “read-only” basis, upon
  302  entry of appropriate security codes and permit access to and
  303  downloads of the wager and payout data of each machine,
  304  electronically captured by the central computer. However, the
  305  compact may not authorize the state to alter or affect the
  306  operation of any gaming machine or other device on the premises
  307  of the authorized gaming facility or the data provided to the
  308  central computer.
  309         (c)Be constructed and installed at the Tribe’s expense to
  310  provide electronic access to the state for the machine wager and
  311  payout data collected by the central computer.
  312         (d)Be designed in conjunction with the state and the
  313  Tribe’s technical staff so as to preserve the integrity of the
  314  system and the data contained therein, to minimize any
  315  possibility of unauthorized access to the system or tampering
  316  with the data, and to minimize any access by the state to
  317  information other than machine wager and payout data residing in
  318  the central reporting and auditing system.
  319         (4)The compact shall designate the Division of Pari-mutuel
  320  Wagering of the Department of Business and Professional
  321  Regulation as the state agency authorized to carry out the
  322  state’s oversight responsibilities under the compact.
  323         (5)The compact shall require the state to monitor the
  324  Tribe’s compliance with the provisions of the compact, and:
  325         (a)Permit the state to have access, during regular hours
  326  of operation, to any public areas of each gaming facility that
  327  is conducting gaming activities under the authority of the
  328  compact without prior notice, or with concurrent notice, and to
  329  any nonpublic area of the facilities without prior notice, or
  330  with concurrent notice;
  331         (b)Permit the state to conduct oversight testing,
  332  including random inspections, of any games or devices authorized
  333  under the compact;
  334         (c)Provide for annual audits by the state or an
  335  independent third party to review slot machine and other Class
  336  III gaming compliance under the terms of the compact;
  337         (d)Require an annual independent financial audit to verify
  338  compliance with any obligations of the Seminole Tribe of Florida
  339  under the compact, including financial and auditing provisions,
  340  which audit shall be paid by the Tribe; and
  341         (e)Permit the state to inspect, review, and receive
  342  requested copies of any records of the Tribe which it deems
  343  necessary to verify compliance with any gaming or financial
  344  obligations of the Seminole Tribe of Florida under the compact.
  345         (6)The compact may not:
  346         (a)Limit the number of times or opportunities that the
  347  state may inspect any covered games or gaming devices in
  348  operation at facilities on a random basis to confirm that the
  349  operation and play of the games or devices conform to
  350  manufacturer’s technical standards or to the standards specified
  351  in the compact; or
  352         (b)Limit the number of times the state may review internal
  353  controls and violations by authorized facilities.
  354         (7)The compact shall require the Tribe to:
  355         (a)Employ, permit, or authorize only medical professionals
  356  at its gaming facilities who are licensed by this state; and
  357         (b)Allow unimpeded access to the gaming facilities by
  358  municipal or county emergency medical services.
  359         (8)The compact shall require the Tribe to ensure that the
  360  construction and maintenance of gaming facilities will comply
  361  with standards that are at least as stringent as the Florida
  362  Building Code.
  363         (9)The compact shall provide that, at a minimum, the
  364  environmental requirements of any federal permit must ensure
  365  that the standards established for the state’s environmental
  366  resource permitting program as provided for in s. 373.414,
  367  Florida Statutes, are met.
  368         (10)The compact shall require the Tribe to establish
  369  written, reasonable procedures for the disposition of tort
  370  claims arising from personal injury or property damage alleged
  371  to have been suffered by patrons and invitees of its authorized
  372  gaming facilities and to enact such tribal law as is necessary
  373  to implement these procedures. The procedures shall include all
  374  such tort claims, including claims that exceed the liability
  375  insurance limits specified in subsection (11). The procedures
  376  shall include all time limits that are applicable to the
  377  disposition of the tort claim and a provision that, upon
  378  request, the patron or invitee, or the patron’s or invitee’s
  379  designated representative, shall be provided with a copy of the
  380  procedures as well as the name, address, and telephone number of
  381  the operator of the facility and the mailing address and
  382  telephone number of the clerk of the Tribe’s tribal court. The
  383  Tribe shall not be deemed to have waived its sovereign immunity
  384  from suit with respect to such claims by establishing such
  385  procedures but must agree not to assert its sovereign immunity
  386  with respect to such claims as provided in subsection (11).
  387         (11)The compact shall provide that, during the term of the
  388  compact, the Tribe shall maintain a policy of commercial general
  389  liability insurance which has a combined single limit for
  390  personal injury and property damage of not less than $2 million
  391  per occurrence and in the aggregate. The compact shall require
  392  the amount of the coverage to be adjusted annually based on
  393  increases in the Consumer Price Index. The insurance policy
  394  shall:
  395         (a)Prohibit the insurer or the Tribe from invoking tribal
  396  sovereign immunity up to the limits of the policy with respect
  397  to any claim covered under the policy and disposed of in
  398  accordance with the Tribe’s tort claim procedures.
  399         (b)Include covered claims made by a patron or invitee for
  400  personal injury or property damage.
  401         (c)Permit the insurer or the Tribe to assert any statutory
  402  or common law defense other than sovereign immunity.
  403         (d)Provide that any award or judgment rendered in favor of
  404  a patron or invitee shall be satisfied solely from insurance
  405  proceeds.
  406         (12)The compact shall provide a reasonable process for the
  407  expedited resolution of disputes between the state and the Tribe
  408  which arise under the compact. The compact shall:
  409         (a)Provide that the Tribe waives its sovereign immunity as
  410  to any disputes between the state and the Tribe arising out of
  411  the compact.
  412         (b)Require presuit nonbinding arbitration before a lawsuit
  413  can be filed concerning the dispute.
  414         (c)Provide that either party may demand presuit nonbinding
  415  arbitration to resolve any dispute between the parties arising
  416  under the compact.
  417         1.The party demanding the presuit nonbinding arbitration
  418  shall immediately ask the American Arbitration Association to
  419  furnish a list of 11 arbitrators, each of whom shall have at
  420  least 5 years of commercial arbitration experience and no
  421  financial interest in or prior relationship with any of the
  422  parties or their affiliated or related entities or principals.
  423         2.The state and the Tribe shall each select a single
  424  arbitrator from the list provided by the American Arbitration
  425  Association within 10 days after receipt, and the individuals so
  426  selected shall choose one additional arbitrator from the list
  427  within the next 10 days. The three arbitrators selected shall
  428  constitute the panel that shall arbitrate the dispute between
  429  the parties pursuant to the American Arbitration Association
  430  Commercial Arbitration Rules and chapter 682, Florida Statutes.
  431         3.At the conclusion of the proceedings, which shall be no
  432  later than 90 days after the demand for arbitration, the
  433  arbitration panel shall present to the parties a proposed
  434  agreement that the majority of the panel believes equitably
  435  balances the rights, interests, obligations, and reasonable
  436  expectations of the parties.
  437         4.The parties shall, within 10 days after the arbitration
  438  panel’s issuance of the proposed agreement, enter into such
  439  agreement or notify the opposing party of its intent to reject
  440  the agreement and proceed with a lawsuit to resolve the dispute.
  441         5.Each party shall pay its respective costs of arbitration
  442  and shall pay one-half of the costs of the arbitration panel.
  443         (13)The compact shall provide for the exercise of fair
  444  employment practices by the Tribe. The compact shall require the
  445  Tribe to maintain employment standards that are comparable to
  446  the standards provided in federal laws and state laws which
  447  forbid employers from discriminating in connection with
  448  employment of persons working at the gaming facilities
  449  identified under the compact on the basis of race, color,
  450  religion, natural origin, gender, age, disability or handicap,
  451  or marital status. The Tribe may give preference in employment,
  452  promotion, seniority, layoffs, or retention to members of the
  453  Tribe and other federally recognized Tribes. The Tribe shall
  454  provide a process for employee disputes which permits the
  455  employee to be represented by an attorney or other legally
  456  authorized representative. The process shall permit the employee
  457  to use language interpreters, including interpreters for the
  458  deaf or hard of hearing.
  459         (14)The compact shall provide that the Tribe will use its
  460  best efforts to spend its revenue in this state to acquire goods
  461  and services from Florida-based vendors, professionals, and
  462  material and service providers.
  463         (15)It is the intent of the Legislature to review a
  464  compact entered into under the provisions of this section every
  465  5 years. It is the intent of the Legislature to consider the
  466  authorization of additional Class III games for operation by the
  467  Tribe based upon successful implementation of the compact and
  468  the history of compliance with the compact.
  469         Section 7. The Governor of this state is hereby authorized
  470  and directed to execute an agreement on behalf of the State of
  471  Florida with the Indian tribes in this state, acting on a
  472  government-to-government basis, to develop and implement a fair
  473  and workable arrangement to apply state taxes on persons and
  474  transactions on Indian lands. Such agreements shall address the
  475  imposition of specific taxes and exemptions from those taxes. An
  476  agreement executed by the Governor pursuant to the authority
  477  granted in this section shall not take effect unless approved or
  478  ratified by the Legislature.
  479         Section 8. Subsection (3) of section 1013.737, Florida
  480  Statutes, is amended to read:
  481         1013.737 The Class Size Reduction Lottery Revenue Bond
  482  Program.—There is established the Class Size Reduction Lottery
  483  Revenue Bond Program.
  484         (3) The state hereby covenants with the holders of such
  485  revenue bonds that it will not take any action that will
  486  materially and adversely affect the rights of such holders so
  487  long as bonds authorized by this section are outstanding. The
  488  state does hereby additionally authorize the establishment of a
  489  covenant in connection with the bonds which provides that any
  490  additional funds received by the state from new or enhanced
  491  lottery programs;, video gaming; banking card games including
  492  baccarat, chemin de fer, or blackjack; electronic or
  493  electromechanical facsimiles of any game of chance; casino
  494  games; slot machines;, or other similar activities will first be
  495  available for payments relating to bonds pledging revenues
  496  available pursuant to s. 24.121(2), prior to use for any other
  497  purpose.
  498         Section 9. This act shall take effect on the same date that
  499  section 1 of CS for SB 836, or similar legislation, takes effect
  500  if such legislation is adopted during the 2009 legislative
  501  session, or an extension thereof, and becomes law.

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