June 24, 2018
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       ENROLLED
       2009 Legislature             CS for CS for SB 788, 2nd Engrossed
       
       
       
       
       
       
                                                              2009788er
    1  
    2         An act relating to gaming; creating s. 285.710, F.S.;
    3         providing terms and conditions for a gaming compact
    4         between the State of Florida and the Seminole Tribe of
    5         Florida; defining terms; providing that the previous
    6         compact between the Tribe and the Governor is not
    7         approved or ratified by the Legislature; directing the
    8         Governor to negotiate a gaming compact with the Tribe;
    9         specifying requirements and minimum standards for the
   10         compact; designating the Division of Pari-mutuel
   11         Wagering of the Department of Business and
   12         Professional Regulation to carry out the state’s
   13         oversight responsibilities under the compact;
   14         providing for Legislative approval of a negotiated
   15         compact and amendments to the compact; providing that
   16         the compact becomes void as the result of a judicial
   17         decision or decision of the Secretary of the United
   18         States Department of the Interior invalidating certain
   19         provisions of the compact; providing for the deposit
   20         of compact revenues into the Educational Enhancement
   21         Trust Fund; providing legislative intent to review the
   22         compact; specifying the date on which the authority of
   23         the Governor to negotiate a compact expires; providing
   24         Legislative intent to review the compact in 5 years;
   25         specifying games that the Tribe is authorized to play
   26         pursuant to the compact; directing the Governor to
   27         negotiate agreements with Indian tribes in this state,
   28         subject to approval by the Legislature, relating to
   29         the application of state taxes on Indian lands;
   30         requiring the release of certain revenues to the
   31         state; creating s. 285.711, F.S.; authorizing the
   32         Governor to negotiate and execute a compact between
   33         the State of Florida and the Seminole Tribe of Florida
   34         in the form provided; providing terms and conditions
   35         for the gaming compact; defining terms; specifying
   36         games that may be authorized for play pursuant to the
   37         compact; specifying revenue sharing between the state
   38         and the Tribe; limiting the number of facilities at
   39         which gaming may occur and specifying the gaming
   40         activities that can be conducted at specified
   41         facilities; specifying the rules and regulations and
   42         minimum requirements for the compact; providing for
   43         state monitoring of the compact; specifying
   44         requirements for a central computer system on gaming
   45         facility premises; requiring that the system provide
   46         the state with access to certain data; specifying the
   47         authority of the state to oversee gaming activities by
   48         the Tribe; requiring medical professionals employed at
   49         the Tribe’s gaming facilities to have certain minimum
   50         qualifications; requiring access for municipal or
   51         county emergency medical services; specifying minimum
   52         construction standards for the Tribe’s gaming
   53         facilities; specifying minimum environmental
   54         standards; providing for revenue sharing payments by
   55         the Tribe to the state based on the Tribes net win
   56         from covered games; providing for the reduction of the
   57         Tribe’s net win on which revenue sharing is based
   58         under certain circumstances; specifying procedures for
   59         tort claims by patrons; requiring the Tribe to
   60         maintain a minimum amount of general liability
   61         insurance for tort claims; prohibiting the Tribe or
   62         its insurer from invoking sovereign immunity under
   63         certain circumstances; requiring the Tribe to waive
   64         its sovereign immunity for disputes relating to the
   65         compact; providing for the resolution of disputes
   66         between the Tribe and the state; requiring presuit
   67         arbitration of disputes relating to the compact;
   68         requiring the Tribe to maintain nondiscriminatory
   69         employment practices; requiring the Tribe to use its
   70         best efforts to spend its revenue in this state;
   71         specifying the term of the compact; amending s.
   72         1013.737, F.S.; authorizing the state to pledge to use
   73         revenues from gaming activities to repay bonds;
   74         amending s. 550.002, F.S.; revising the definition of
   75         the term “full schedule of live racing or games” in
   76         reference to quarter horse permitholders; amending s.
   77         550.01215, F.S.; removing an exception to the required
   78         issuance date of licenses to conduct thoroughbred
   79         racing performances; amending s. 550.054, F.S.;
   80         providing for a jai alai permitholder meeting certain
   81         conditions to apply to the Division of Pari-mutuel
   82         Wagering to convert a permit to conduct jai alai to a
   83         permit to conduct greyhound racing; directing the
   84         division to issue a permit to conduct greyhound racing
   85         if certain conditions are met; providing for the
   86         relocation of certain permits; amending ss. 550.0951
   87         and 550.09511, F.S.; revising requirements for the
   88         payment of daily license fees and taxes; amending s.
   89         550.09514, F.S.; conforming provisions to changes made
   90         by the act; amending s. 550.105, F.S.; revising
   91         provisions for business and occupational licenses;
   92         providing for a determination of fees for such
   93         licenses valid for more than 12 months; directing the
   94         Division of Pari-mutuel Wagering to adopt rules for
   95         licensing periods and renewal cycles; defining the
   96         term “convicted” as it applies to occupational license
   97         applicants; limiting application of the term
   98         “conviction”; revising the time period that a
   99         temporary occupational license may be valid; removing
  100         a requirement that an applicant’s signature be
  101         witnessed and notarized or signed in the presence of a
  102         division official; providing for retention of
  103         fingerprints and criminal history screening; providing
  104         for payment of a fee for screenings; providing that
  105         the fee be established by rule of the Department of
  106         Law Enforcement; requiring that the cost of processing
  107         fingerprints and conducting a national criminal
  108         history record check for a general occupational
  109         license be borne by the applicant and for a business
  110         or professional occupational license be borne by the
  111         person being checked; requiring licensees to disclose
  112         certain convictions; amending s. 550.2415, F.S.;
  113         revising provisions prohibiting cruelty to animals;
  114         providing that the prohibition applies to any act of
  115         cruelty involving any animal; authorizing the division
  116         to inspect any area at a pari-mutuel facility for
  117         certain purposes; amending s. 550.26165, F.S.;
  118         providing for certain flexibility in the awards
  119         programs of the Florida Thoroughbred Breeders’
  120         Association in order to attract thoroughbred breeding
  121         and training operations; prohibiting the association
  122         from giving certain awards under certain
  123         circumstances; amending s. 550.2625, F.S.; clarifying
  124         provisions relating to owners’ awards; amending s.
  125         550.334, F.S.; revising provisions for permits to
  126         conduct quarter horse race meetings; removing
  127         provisions for application to the Division of Pari
  128         mutuel Wagering for a permit to conduct quarter horse
  129         race meetings; removing provisions for granting a
  130         license to conduct quarter horse racing; revising a
  131         provision for governance and control of quarter horse
  132         racing; revising authorization to substitute races of
  133         other breeds of horses; providing for an exception to
  134         a prohibition against the transfer or conversion of a
  135         quarter horse permit; providing requirements for a
  136         quarter horse racing permitholder to be eligible to
  137         conduct intertrack wagering; providing requirements
  138         for a quarter horse racing permitholder to be eligible
  139         to operate a cardroom; removing certain provisions
  140         restricting intertrack wagering; creating s. 550.3345,
  141         F.S.; providing for the transfer of a quarter horse
  142         racing permit to a not-for-profit corporation;
  143         providing for membership and purpose of such
  144         corporation; providing for conversion of such permit
  145         to a limited thoroughbred permit; requiring net
  146         revenues derived by the not-for-profit corporation to
  147         be used for certain purposes relating to the
  148         thoroughbred horse racing industry; prohibiting live
  149         racing in certain locations during certain times;
  150         providing licensure requirements; providing for a
  151         change in location of the permit; prohibiting transfer
  152         of the converted permit; providing for application of
  153         state law to the permit and the corporation; providing
  154         an exception to certain provisions for failure to pay
  155         tax on handle; amending s. 550.3355, F.S.; revising
  156         the time period for a harness track summer season;
  157         repealing s. 550.3605, F.S., relating to use of
  158         electronic transmitting equipment on the premises of a
  159         horse or dog racetrack or jai alai fronton; amending
  160         s. 550.5251, F.S.; revising provisions for licensing
  161         to conduct thoroughbred racing; revising certain dates
  162         relating to licensing and the thoroughbred racing
  163         season; removing a provision for a summer thoroughbred
  164         horse racing permit; providing an exception to
  165         requirements relating to required races for
  166         thoroughbred permitholders; removing expired
  167         provisions relating to scheduled performances;
  168         amending s. 551.102, F.S.; redefining the terms
  169         “eligible facility” and “progressive system” to
  170         include licensed facilities in other jurisdictions;
  171         amending s. 551.104, F.S.; providing that the payout
  172         percentage of a slot machine gaming facility must be
  173         at least 85 percent; amending s. 551.106, F.S.;
  174         revising the license fee and tax rate for slot machine
  175         licensees; providing for minimum tax revenue from the
  176         operation of slot machines; amending s. 551.121, F.S.;
  177         clarifying a provision prohibiting the use of a
  178         progressive system between licensed facilities;
  179         amending s. 849.086, F.S.; revising requirements for
  180         initial issuance of a cardroom license; requiring the
  181         permitholder to be licensed to conduct a full schedule
  182         of live racing or games during the state fiscal year
  183         in which the initial cardroom license is issued;
  184         revising provisions for renewal of a cardroom
  185         occupational license; revising requirements for
  186         occupational licensee’s criminal records check;
  187         providing a limitation on occupational licensee fees;
  188         permitting cardroom operators to operate 24 hours per
  189         day; increasing certain wager and buy-in limits;
  190         permitting charity tournaments under certain
  191         conditions; amending ss. 772.102 and 895.02, F.S.;
  192         correcting cross-references; providing effective
  193         dates, one of which is contingent.
  194  
  195  Be It Enacted by the Legislature of the State of Florida:
  196  
  197         Section 1. Section 285.710, Florida Statutes, is created to
  198  read:
  199         285.710 Compact authorization.—
  200         (1) Terms used in this section have the same meaning as
  201  provided in s. 285.711.
  202         (2) The agreement executed by the Governor and the Tribe on
  203  November 14, 2007, published in the Federal Register on January
  204  7, 2008, and subsequently invalidated by the Florida Supreme
  205  Court in the case of Florida House of Representatives, et al.,
  206  v. Crist, No. SC07-2154, is not ratified or approved by the
  207  Legislature and is void.
  208         (3) Subject to the limitations in s. 285.711, the Governor
  209  is hereby authorized and directed to negotiate and execute a
  210  compact on behalf of the State with the Tribe pursuant to the
  211  federal Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss.
  212  1166-1168, and 25 U.S.C. s. 2701 et seq., and this act for the
  213  purpose of authorizing class III gaming on Seminole lands within
  214  this state. Any such compact shall not be deemed entered into by
  215  the state unless and until it is ratified by the Legislature.
  216         (4) The Governor is authorized to bind the State to any
  217  amendment to the compact that is consistent with the terms and
  218  standards in this section and s. 285.711, provided that any
  219  amendment to provisions relating to covered games, the amount of
  220  revenue sharing payments, suspension or reduction of payments,
  221  or exclusivity shall require ratification by the Legislature.
  222         (5)(a) The Governor shall provide a copy of the compact to
  223  the President of the Senate and the Speaker of the House of
  224  Representatives as soon as it is executed. The compact shall not
  225  be submitted to the Department of the Interior by or on behalf
  226  of the state or the Tribe until it has been ratified by the
  227  Legislature.
  228         (b) The Governor shall provide a copy of any amendment to
  229  the compact to the President of the Senate and the Speaker of
  230  the House of Representatives as soon as it is executed and
  231  before or simultaneous with its submission to the Department of
  232  the Interior, provided that any amendment requiring ratification
  233  by the Legislature shall not be submitted to the Department of
  234  the Interior for approval until such ratification has occurred.
  235         (6) The Governor shall preserve all documents, if any,
  236  which relate to the intent or interpretation of the compact, and
  237  maintain such documents for at least the term of the compact.
  238         (7) If any provision of the compact relating to covered
  239  games, payments, suspension or reduction in payments, or
  240  exclusivity is held by a court of competent jurisdiction or by
  241  the Department of the Interior to be invalid, the compact is
  242  void.
  243         (8) In the event that a subsequent change to the Indian
  244  Gaming Regulatory Act, or to an implementing regulation thereof,
  245  mandates the retroactive application of such change without the
  246  respective consent of the state or Tribe, the compact is void if
  247  it materially alters the terms and standards in the compact
  248  relating to the covered games, payments, suspension or reduction
  249  of payments, or exclusivity.
  250         (9) The Governor shall ensure that all revenue sharing
  251  received pursuant to the compact and agreement executed by the
  252  Governor and the Tribe on November 14, 2007, is deposited into
  253  the Education Enhancement Trust Fund provided that, if necessary
  254  to comply with any covenant established pursuant to s.
  255  1013.68(4), s. 1013.70(1), or s. 1013.737(3), funds transferred
  256  to the Educational Enhancement Trust Fund shall be first
  257  available to pay debt service on lottery bonds issued to fund
  258  school construction in the event lottery revenues are
  259  insufficient for such purpose or to satisfy debt service reserve
  260  requirements established in connection with lottery bonds.
  261         (10) Except for the authority granted to the Governor in
  262  subsections (4) and (13), the authority granted to the Governor
  263  by this section and s. 285.711 expires at 11:59 p.m. on August
  264  31, 2009.
  265         (11) It is the intent of the Legislature to review a
  266  compact entered into under the provisions of this section within
  267  5 years after the compact is approved. It is the intent of the
  268  Legislature to consider the authorization of additional Class
  269  III games for operation by the Tribe based upon successful
  270  implementation of the compact and the history of compliance with
  271  the compact.
  272         (12) The Division of Pari-mutuel Wagering of the Department
  273  of Business and Professional Regulation is designated as the
  274  state compliance agency having the authority to carry out the
  275  state’s oversight responsibilities under a compact authorized by
  276  this act.
  277         (13)(a) The Governor is authorized and directed to execute
  278  an agreement on behalf of the State of Florida with the Indian
  279  tribes in this state, acting on a government-to-government
  280  basis, to develop and implement a fair and workable arrangement
  281  to apply state taxes on persons and transactions on Indian
  282  lands. Such agreements shall address the imposition of specific
  283  taxes, including sales taxes and exemptions from those taxes.
  284         (b) The agreement shall address the Tribe’s collection and
  285  remittance of sales taxes imposed by chapter 212 to the
  286  Department of Revenue. The sales taxes collected and remitted by
  287  the Tribe shall be based on all sales to non-tribal members,
  288  except those non-tribal members who hold valid exemption
  289  certificates issued by the Department of Revenue, exempting the
  290  sales from taxes imposed by chapter 212.
  291         (c) The agreement shall require the Tribe to register with
  292  the Department of Revenue and remit to the Department of Revenue
  293  the taxes collected.
  294         (d) The agreement shall require the Tribe to retain for at
  295  least a period of 5 years records of all sales to non-tribal
  296  members which are subject to taxation under chapter 212. The
  297  agreement shall permit the Department of Revenue to conduct an
  298  audit not more often than annually in order to verify such
  299  collections. The agreement shall require the Tribe to provide
  300  reasonable access during normal operating hours to records of
  301  transactions subject to the taxes collected.
  302         (e) The agreement shall provide a procedure for the
  303  resolution of any disputes about the amounts collected pursuant
  304  to the agreement. For purposes of the agreement for the
  305  collection and remittance of sales taxes, the agreement must
  306  provide that the Tribe agrees to waive its immunity, except that
  307  the state may seek monetary damages limited to the amount of
  308  taxes owed.
  309         (f) An agreement executed by the Governor pursuant to the
  310  authority granted in this section shall not take effect unless
  311  ratified by the Legislature.
  312         (14) Any moneys remitted by the Tribe before the effective
  313  date of a compact entered into by the State and the Tribe
  314  pursuant to this act shall be deemed forfeited by the Tribe and
  315  released to the state without further obligation or encumbrance.
  316  The Legislature further finds that acceptance and appropriation
  317  of such funds does not legitimize, validate, or otherwise ratify
  318  any previously proposed compact or the operation of Class III
  319  games by the Tribe for any period prior to the effective date of
  320  a valid compact pursuant to this act.
  321         (15) For the purpose of satisfying the requirement in 25
  322  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  323  under an Indian gaming compact must be permitted in the state
  324  for any purpose by any person, organization, or entity, the
  325  following Class III games or other games specified in this
  326  section are hereby authorized to be conducted by the Tribe
  327  pursuant to a compact that is substantially in the form provided
  328  in s. 285.711:
  329         (a) Slot machines, as defined in s. 551.102(8).
  330         (b) Games of poker without betting limits if such games are
  331  authorized in this state to any person for any purpose.
  332         (c) Banking or banked card games, including baccarat,
  333  chemin de fer, and blackjack or 21 at the tribal facilities in
  334  Broward County and Hillsborough County.
  335         (16) Notwithstanding any other provision of state law, it
  336  is not a crime for a person to participate in the games
  337  specified in subsection (15) at a tribal facility operating
  338  under a compact entered into pursuant to this act.
  339         Section 2. Section 285.711, Florida Statutes, is created to
  340  read:
  341         285.711 Gaming compact between the Seminole Tribe and the
  342  State of Florida.—The Governor is authorized and directed to
  343  negotiate and execute a gaming compact with the Seminole Tribe
  344  of Florida on behalf of the State of Florida subject to
  345  ratification by the Legislature, in the form substantially as
  346  follows:
  347  
  348    Gaming Compact Between the Seminole Tribe of Florida and the   
  349                          State of Florida                         
  350  
  351  This Compact is made and entered into by and between the
  352  Seminole Tribe of Florida, a federally recognized Indian Tribe,
  353  and the State of Florida, with respect to the operation of
  354  covered games on the Tribe’s Indian lands as defined by the
  355  Indian Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq.
  356  
  357                               PART I.                             
  358         TITLE.—This Compact shall be referred to as the “Seminole
  359  Tribe of Florida and State of Florida Gaming Compact.”
  360  
  361                              PART II.                             
  362         RECITALS.—
  363         A. The Seminole Tribe of Florida is a federally recognized
  364  tribal government possessing sovereign powers and rights of
  365  self-government.
  366         B. The State of Florida is a state of the United States of
  367  America possessing the sovereign powers and rights of a state.
  368         C. The State of Florida and the Seminole Tribe of Florida
  369  maintain a government-to-government relationship.
  370         D. The United States Supreme Court has long recognized the
  371  right of an Indian Tribe to regulate activity on lands within
  372  its jurisdiction, but the Congress, through the Indian Gaming
  373  Regulatory Act, has given states a role in the conduct of tribal
  374  gaming in accordance with negotiated tribal-state compacts.
  375         E. Pursuant to the Seminole Tribe Amended Gaming Ordinance,
  376  adopted by Resolution No. C-195-06, and approved by the National
  377  Indian Gaming Commission on July 10, 2006, hereafter referred to
  378  as the Seminole Tribal Gaming Code, the Seminole Tribe of
  379  Florida desires to offer the play of Covered Games, as defined
  380  in Part III. of this Compact, as a means of generating revenues
  381  for purposes authorized by the Indian Gaming Regulatory Act,
  382  including without limitation the support of tribal governmental
  383  programs, such as health care, housing, sewer and water
  384  projects, police, fire suppression, general assistance for
  385  tribal elders, day care for children, economic development,
  386  educational opportunities, per capita payments to tribal
  387  members, and other typical and valuable governmental services
  388  and programs for tribal members.
  389         F. It is in the best interest of the State of Florida to
  390  enter into a compact with the Seminole Tribe of Florida. This
  391  Compact will generally benefit Florida, while at the same time
  392  limiting the expansion of gaming within the State. The State of
  393  Florida also recognizes that the significant revenue
  394  participation pursuant to the Compact in exchange for its
  395  exclusivity provisions provide an opportunity to increase and
  396  enhance the dollars available to spend on governmental programs
  397  that benefit the citizens of Florida.
  398         G. The agreement executed by the Seminole Tribe of Florida
  399  and the Governor of Florida on November 14, 2007, published in
  400  the Federal Register on January 7, 2008, and subsequently
  401  invalidated by the Florida Supreme Court in the case of Florida
  402  House of Representatives, et al., vs. Crist, No. SCO7-2154, is
  403  void.
  404  
  405                              PART III.                            
  406         DEFINITIONS.—As used in this Compact and the Appendices
  407  thereto:
  408         A. “Annual Oversight Assessment” means the assessment
  409  described in Part XI., Section C. of this Compact.
  410         B. “Class III gaming” means the forms of Class III gaming
  411  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
  412  National Indian Gaming Commission in effect on January 1, 2009.
  413         C. “Commission” means the Seminole Tribal Gaming
  414  Commission, which is the tribal governmental agency that has the
  415  authority to carry out the Tribe’s regulatory and oversight
  416  responsibilities under this Compact.
  417         D. “Compact” means the Seminole Tribe of Florida and State
  418  of Florida Gaming Compact.
  419         E. “Covered Game” or “Covered Gaming Activity” means the
  420  following gaming activities:
  421         1.(a) Slot machines, means any mechanical or electrical
  422  contrivance, terminal that may or may not be capable of
  423  downloading slot games from a central server system, machine, or
  424  other device that, upon insertion of a coin, bill, ticket,
  425  token, or similar object or upon payment of any consideration
  426  whatsoever, including the use of any electronic payment system,
  427  except a credit card or debit card, is available to play or
  428  operate, the play or operation of which, whether by reason of
  429  skill or application of the element of chance or both, may
  430  deliver or entitle the person or persons playing or operating
  431  the contrivance, terminal, machine, or other device to receive
  432  cash, billets, tickets, tokens, or electronic credits to be
  433  exchanged for cash or to receive merchandise or anything of
  434  value whatsoever, whether the payoff is made automatically from
  435  the machine or manually. The term includes associated equipment
  436  necessary to conduct the operation of the contrivance, terminal,
  437  machine, or other device. Slot machines may use spinning reels,
  438  video displays, or both.
  439         (b) If at any time, State law authorizes the use of
  440  electronic payments systems utilizing credit or debit card
  441  payment for the play or operation of slot machines for any
  442  person, the Tribe shall be authorized to use such payment
  443  systems;
  444         2. No limit poker; and
  445         3. Banking or banked card games, including baccarat, chemin
  446  de fer and blackjack at the Facilities located in Broward County
  447  and Hillsborough County as described in Part IV., Section B.,
  448  subsections 2., 3., 6., and 7.
  449  
  450  This definition specifically does not include roulette, craps,
  451  roulette styled games, or craps-styled games.
  452         F. “Covered Game Employee” or “Covered Employee” means any
  453  individual employed and licensed by the Tribe whose
  454  responsibilities include the rendering of services with respect
  455  to the operation, maintenance or management of Covered Games,
  456  including, but not limited to, the following: managers and
  457  assistant managers; accounting personnel; Commission officers;
  458  surveillance and security personnel; cashiers, supervisors, and
  459  floor personnel; cage personnel; and any other employee whose
  460  employment duties require or authorize access to areas of the
  461  Facility related to the conduct of Covered Games or the
  462  technical support or storage of Covered Game components. This
  463  definition does not include the Tribe’s elected officials
  464  provided that such individuals are not directly involved in the
  465  operation, maintenance, or management of Covered Games or
  466  Covered Games components.
  467         G. “Documents” means books, records, electronic, magnetic
  468  and computer media documents and other writings and materials,
  469  copies thereof, and information contained therein.
  470         H. “Effective Date” means the date on which the Compact
  471  becomes effective pursuant to Part XVI., Section A. of this
  472  Compact.
  473         I. “Facility” or “Facilities” means any building of the
  474  Tribe in which the Covered Games authorized by this Compact are
  475  conducted on Indian lands as defined by the Indian Gaming
  476  Regulatory Act.
  477         J. “Guaranteed Minimum Payment” means the minimum payment
  478  the Tribe agrees to make to the State as provided by Part XI. of
  479  the Compact.
  480         K. “Indian Gaming Regulatory Act” or “IGRA” means the
  481  Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
  482  1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
  483  and 18 U.S.C. ss. 1166-1168.
  484         L. “Net Poker Income” means the total revenue from all
  485  hands played, including buy-ins and rebuys.
  486         M. “Net Win” means gross gaming revenue for Class III
  487  games, which is the difference between gaming wins and losses,
  488  before deducting costs and expenses.
  489         N. “Non-tribal member” means a person who is not a bona
  490  fide member of an Indian tribe as defined in 25 U.S.C. s.
  491  2703(5).
  492         O. “Patron” means any person who is on the premises of a
  493  Facility, or who is entering the Tribe’s Indian lands for the
  494  purpose of playing Covered Games authorized by this Compact.
  495         P. “Reservation” means any of the seven Tribal locations
  496  currently with gaming facilities, specifically enumerated in
  497  Part IV., Section B.
  498         Q. “Revenue Share” means the periodic payment by the Tribe
  499  to the State provided for in Part XI., Sections A. and B. of
  500  this Compact.
  501         R. “Revenue Sharing Cycle” means the annual (12-month)
  502  period of the Tribe’s operation of Covered Games in its
  503  Facilities and whose first annual cycle shall commence on the
  504  day the Tribe makes Covered Games available for public play in
  505  its Facilities.
  506         S. “Rules and regulations” means the rules and regulations
  507  promulgated by the Commission for implementation of this
  508  Compact.
  509         T. “State” means the State of Florida.
  510         U. “State Compliance Agency” or “SCA” means the Division of
  511  Pari-mutuel Wagering of the Department of Business and
  512  Professional Regulation, which is designated as the state agency
  513  having the authority to carry out the state’s oversight
  514  responsibilities under this compact.
  515         V. “Tribe” means the Seminole Tribe of Florida or any
  516  affiliate thereof conducting activities pursuant to this Compact
  517  under the authority of the Seminole Tribe of Florida.
  518  
  519                              PART IV.                             
  520         AUTHORIZATION AND LOCATION OF COVERED GAMES.—
  521         A. The Tribe and State agree that the Tribe is authorized
  522  to operate Covered Games on its Indian lands, as defined in the
  523  Indian Gaming Regulatory Act, in accordance with the provisions
  524  of this Compact. However, except for the provisions in Part XI.,
  525  Section A. below, nothing in this Compact shall limit the
  526  Tribe’s right to operate any game that is Class II under the
  527  Indian Gaming Regulatory Act.
  528         B. The Tribe is authorized to conduct Covered Games under
  529  this Compact at only the following seven existing gaming
  530  Facilities on Tribal lands, except as limited by Part III,
  531  Section E., Subsection 3.:
  532         1. Seminole Indian Casino on the Brighton Indian
  533  Reservation in Okeechobee County.
  534         2. Seminole Indian Casino in the City of Coconut Creek in
  535  Broward County.
  536         3. Seminole Indian Casino in the City of Hollywood in
  537  Broward County.
  538         4. Seminole Indian Casino in Immokalee in Collier County.
  539         5. Seminole Indian Big Cypress Casino in the City of
  540  Clewiston in Hendry County.
  541         6. Seminole Hard Rock Hotel & Casino in the City of
  542  Hollywood in Broward County.
  543         7. Seminole Hard Rock Hotel & Casino in the City of Tampa
  544  in Hillsborough County.
  545         C. Any of the identified Facilities in Section B. may be
  546  expanded or replaced by another Facility on the same reservation
  547  with advance notice to the State of sixty (60) calendar days,
  548  subject to the understanding that the number of existing
  549  Facilities on each reservation and the number of reservations
  550  upon which Class III gaming is authorized shall remain the same
  551  as provided in Section B.
  552  
  553                               PART V.                             
  554         RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
  555  OPERATIONS.—
  556         A. At all times during the term of this Compact, the Tribe
  557  shall be responsible for all duties which are assigned to it and
  558  the Commission under this Compact. The Tribe shall promulgate
  559  any rules and regulations necessary to implement this Compact,
  560  which at a minimum shall expressly include or incorporate by
  561  reference all provisions of this Part and the procedural
  562  requirements of Part VI. of this Compact. Nothing in this
  563  Compact shall be construed to affect the Tribe’s right to amend
  564  its rules and regulations, provided that any such amendment
  565  shall be in conformity with this Compact and subject to approval
  566  by the SCA. The SCA may propose additional rules and regulations
  567  consistent with and related to the implementation of this
  568  Compact to the Commission at any time, and the Commission shall
  569  give good faith consideration to such suggestions and shall
  570  notify the SCA of its response or action with respect thereto.
  571         B. All Facilities shall comply with, and all Covered Games
  572  approved under this Compact shall be operated in accordance
  573  with, the requirements set forth in this Compact, including, but
  574  not limited to, those set forth in Sections C. and D. of this
  575  Part and the Tribe’s Internal Control Policies and Procedures.
  576  In addition, all Facilities and all Covered Games shall be
  577  operated in strict compliance with tribal internal control
  578  standards that provide a level of control that equals or exceeds
  579  those set forth in the National Indian Gaming Commission’s
  580  Minimum Internal Control Standards (25 C.F.R. Part 542), as the
  581  same may be amended or supplemented from time to time.
  582         C. The Tribe and the Commission shall retain all records in
  583  compliance with the requirements set forth in the Record
  584  Retention Policies and Procedures.
  585         D. The Tribe will continue and maintain its program to
  586  combat problem gambling and curtail compulsive gambling,
  587  including work with the Florida Council on Compulsive Gambling
  588  or other organizations dedicated to assisting problem gamblers.
  589  The Tribe will continue to maintain the following safeguards
  590  against problem gambling.
  591         1. The Tribe shall make an annual donation to the Florida
  592  Council on Compulsive Gambling in an amount not less than
  593  $250,000 per Facility.
  594         2. The Tribe will provide a comprehensive training and
  595  education program designed in cooperation with the Florida
  596  Council on Compulsive Gambling (or other organization dedicated
  597  to assisting problem gamblers) to every new gaming employee.
  598         3. The Tribe will make printed materials available to
  599  Patrons, which include contact information for the Florida
  600  Council on Compulsive Gambling 24-Hour Helpline (or other
  601  hotline dedicated to assisting problem gamblers), and will work
  602  with the Florida Council on Compulsive Gambling (or other
  603  organization dedicated to assisting problem gamblers) to provide
  604  contact information for the Florida Council on Compulsive
  605  Gambling (or other organization dedicated to assisting problem
  606  gamblers), and to provide such information on the Facilities’
  607  Internet website. The Tribe will continue to display all
  608  literature from the Florida Council on Compulsive Gambling (or
  609  other organization dedicated to assisting problem gamblers)
  610  within the Facilities.
  611         4. The Commission shall establish a list of the Patrons
  612  voluntarily excluded from the Tribe’s Facilities, pursuant to
  613  subsection 5.
  614         5. The Tribe shall employ its best efforts to exclude
  615  Patrons on such list from entry into its Facilities; provided
  616  that nothing in this Compact shall create for Patrons who are
  617  excluded but gain access to the Facilities, or any other person,
  618  a cause of action or claim against the State, the Tribe or the
  619  Commission, or any other person, entity, or agency for failing
  620  to enforce such exclusion.
  621         6. Patrons who believe they may be playing Covered Games on
  622  a compulsive basis may request that their names be placed on the
  623  list of the Patrons voluntarily excluded from the Tribe’s
  624  Facilities.
  625         7. All Covered Game employees shall receive training on
  626  identifying players who have a problem with compulsive gambling
  627  and shall be instructed to ask them to leave. Signs bearing a
  628  toll-free help-line number and educational and informational
  629  materials shall be made available at conspicuous locations and
  630  automated teller machines in each Facility, which aim at the
  631  prevention of problem gaming and which specify where Patrons may
  632  receive counseling or assistance for gambling problems. All
  633  Covered Game employees shall also be screened for compulsive
  634  gambling habits. Nothing in this Section shall create for
  635  Patrons, or any other person, a cause of action or claim against
  636  the State, the Tribe or the Commission, or any other person,
  637  entity, or agency for failing to identify a Patron or person who
  638  is a compulsive gambler or ask that person to leave.
  639         8. The Tribe shall follow the rules for exclusion of
  640  Patrons set forth in Article XI of the Seminole Tribal Gaming
  641  Code.
  642         9. The Tribe shall make diligent efforts to prevent
  643  underage individuals from loitering in the area of each Facility
  644  where the Covered Games take place.
  645         10. The Tribe shall assure that advertising and marketing
  646  of the Covered Games at the Facilities contain a responsible
  647  gambling message and a toll-free help-line number for problem
  648  gamblers, where practical, and that they make no false or
  649  misleading claims.
  650         E. Summaries of the rules for playing Covered Games and
  651  promotional contests shall be visibly displayed in the
  652  Facilities. Complete sets of rules shall be available in the
  653  Facilities upon request. Copies of all such rules shall be
  654  provided to the SCA within thirty (30) calendar days of their
  655  issuance or their amendment.
  656         F. The Tribe shall provide the Commission and SCA with a
  657  chart of the supervisory lines of authority with respect to
  658  those directly responsible for the conduct of Covered Games, and
  659  shall promptly notify those agencies of any material changes
  660  thereto.
  661         G. The Tribe engages in and shall continue to maintain
  662  proactive approaches to prevent improper alcohol sales, drunk
  663  driving, underage drinking, and underage gambling. These
  664  approaches involve intensive staff training, screening and
  665  certification, Patron education, and the use of security
  666  personnel and surveillance equipment in order to enhance
  667  Patrons’ enjoyment of the Facilities and provide for Patron
  668  safety. Staff training includes specialized employee training in
  669  nonviolent crisis intervention, driver’s license verification,
  670  and the detection of intoxication. Patron education is carried
  671  out through notices transmitted on valet parking stubs, posted
  672  signs in the Facilities, and in brochures. Roving and fixed
  673  security officers, along with surveillance cameras, assist in
  674  the detection of intoxicated Patrons, investigate problems, and
  675  engage with Patrons to de-escalate volatile situations. To help
  676  prevent alcohol-related crashes, the Tribe will continue to
  677  operate the “Safe Ride Home Program,” a free taxi service.
  678  Additionally, to reduce risks of underage gambling and underage
  679  drinking, the Tribe will continue to prohibit entry onto the
  680  casino floor of anyone under twenty-one (21) years of age. The
  681  Tribe shall maintain these programs and policies in its Alcohol
  682  Beverage Control Act for the duration of the Compact but may
  683  replace such programs and policies with either stricter or more
  684  extensive programs and policies. The Tribe shall provide the
  685  State with written notice of any changes to the programs and
  686  policies in the Tribe’s Alcohol Beverage Control Act, which
  687  notice shall include a copy of such changes and shall be sent on
  688  or before the effective date of the change. Nothing in this
  689  Section shall create for Patrons, or any other person, a cause
  690  of action or claim against the State, the Tribe or the
  691  Commission, or any other person, entity, or agency for failing
  692  to fulfill the requirements of this Section.
  693         H. No person under twenty-one (21) years of age shall be
  694  allowed to play Covered Games unless otherwise permitted by
  695  state law.
  696         I. The Tribe may establish and operate Facilities that
  697  operate Covered Games only on the reservations as defined by the
  698  Indian Gaming Regulatory Act and as specified in Part IV. of
  699  this Compact.
  700         J. The Commission shall keep a record of, and shall report
  701  at least quarterly to the SCA, the number of Covered Games in
  702  each Facility, by the name or type of each and its identifying
  703  number.
  704         K. The Tribe and the Commission shall make available a copy
  705  of the following documents to any member of the public upon
  706  request: the minimum internal control standards of the National
  707  Indian Gaming Commission; the Seminole Tribal Gaming Code; this
  708  Compact; the rules of each Covered Game operated by the Tribe;
  709  and the administrative procedures for addressing Patron tort
  710  claims under Part VI.
  711         L. Cessation of Banking or Banked Card Games. The Tribe
  712  shall stop all banked card games occurring on Tribal lands at
  713  any existing gaming facility within any county of the state,
  714  other than Broward County or Hillsborough County, within ninety
  715  (90) days after the date this Compact is executed by the State
  716  and the Tribe.
  717  
  718                              PART VI.                             
  719         PATRON DISPUTES; WORKERS’ COMPENSATION; TORT CLAIMS; PRIZE
  720  CLAIMS; LIMITED CONSENT TO SUIT.—
  721         A. All Patron disputes involving gaming will be resolved in
  722  accordance with the procedures established in Article XI of the
  723  Seminole Tribal Gaming Code.
  724         B. Tort claims by employees of the Tribe’s Facilities will
  725  be handled pursuant to the provisions of the Tribe’s Workers’
  726  Compensation Ordinance, which shall provide workers the same or
  727  better protections as set forth in Florida’s workers’
  728  compensation laws.
  729         C. Disputes by employees of the Tribe’s Facilities will be
  730  handled pursuant to the provisions of the Tribe’s policy for
  731  gaming employees, the Employee Fair Treatment and Dispute
  732  Resolution Policy as provided in part XVIII.G.
  733         D.1. A Patron who claims to have been injured in a Facility
  734  where Covered Games are played is required to provide written
  735  notice to the Tribe’s Risk Management Department or the
  736  Facility, in a reasonable and timely manner.
  737         2. The Tribe shall have ten (10) days to respond to a claim
  738  made by a Patron. When the Tribe responds to an incident alleged
  739  to have caused a Patron’s injury or illness, the Tribe shall
  740  provide a claim form to the Patron. It is the Patron’s
  741  responsibility to complete the form and forward the form to the
  742  Tribe’s Risk Management Department within a reasonable period of
  743  time, and in a reasonable and timely manner.
  744         3. Upon receiving written notification of the claim, the
  745  Tribe’s Risk Management Department shall forward the
  746  notification to the Tribe’s insurance carrier. The Tribe will
  747  use its best efforts to assure that the insurance carrier
  748  contacts the Patron within a reasonable period of time following
  749  receipt of the claim.
  750         4. The insurance carrier will handle the claim to
  751  conclusion. If the Patron and the insurance carrier are not able
  752  to resolve the claim, the Patron may bring a tort claim against
  753  the Tribe in any court of competent jurisdiction in the County
  754  in which the incident occurred, subject to a four (4) year
  755  statute of limitations, which shall begin to run from the date
  756  of the incident of the alleged claimed injury. Nothing in this
  757  Part shall preclude a Patron from asserting a tort claim against
  758  the Tribe from immediately filing suit in any court of competent
  759  jurisdiction in the county where the claim arises without
  760  resorting to or exhausting tribal remedies.
  761         5. In no event shall the Tribe be deemed to have waived its
  762  tribal immunity from suit beyond $500,000 for an individual tort
  763  claim and $1,000,000 for the tort claims of all persons or
  764  entities claiming injury in tort arising out of a single event
  765  or occurrence. These limitations are intended to include
  766  liability for compensatory damages as well as any costs,
  767  prejudgment interest, and attorney’s fees arising out of any
  768  claim brought or asserted against the Tribe, its subordinate
  769  governmental and economic units as well as any Tribal officials,
  770  employees, servants, or agents in their official capacities.
  771         6. The Tribe shall obtain and maintain a commercial general
  772  liability policy which provides coverage of no less than
  773  $1,000,000 per occurrence and $10,000,000 in the aggregate for
  774  bodily injury, personal injury, and property damage arising out
  775  of, connected with, or relating to the operation of Facilities
  776  where Covered Games are offered.
  777         7. Notices explaining the procedures and time limitations
  778  with respect to making a tort claim shall be prominently
  779  displayed in the Facilities, posted on the Tribe’s website, and
  780  provided to any Patron for whom the Tribe has notice of the
  781  injury or property damage giving rise to the tort claim. Such
  782  notices shall explain the method and places for making a tort
  783  claim.
  784         8. The Tribe’s insurance policy shall:
  785         (a) Prohibit the insurer or the Tribe from invoking tribal
  786  sovereign immunity up to the limits of the policy with respect
  787  to any claim covered under the policy and disposed of in
  788  accordance with the Tribe’s tort claim procedures.
  789         (b) Include covered claims made by a Patron or invitee for
  790  personal injury or property damage.
  791         (c) Permit the insurer or the Tribe to assert any statutory
  792  or common law defense other than sovereign immunity.
  793         (d) Provide that any award or judgment rendered in favor of
  794  a Patron or invitee shall be satisfied solely from insurance
  795  proceeds.
  796  
  797                              PART VII.                            
  798         ENFORCEMENT OF COMPACT PROVISIONS.—
  799         A. The Tribe and the Commission shall be responsible for
  800  regulating activities pursuant to this Compact. As part of its
  801  responsibilities, the Tribe has adopted or issued standards
  802  designed to ensure that the Facilities are constructed,
  803  operated, and maintained in a manner that adequately protects
  804  the environment and public health and safety. Additionally, the
  805  Tribe shall ensure that:
  806         1. Operation of the conduct of Covered Games is in strict
  807  compliance with (i) the Seminole Tribal Gaming Code, (ii) all
  808  rules, regulations, procedures, specifications, and standards
  809  lawfully adopted by the National Indian Gaming Commission and
  810  the Commission, and (iii) the provisions of this Compact,
  811  including, but not limited to, the standards and the Tribe’s
  812  rules and regulations set forth in the Appendices;
  813         2. Reasonable measures are taken to:
  814         (a) Assure the physical safety of Facility Patrons,
  815  employees, and any other person while in the Facility;
  816         (b) Prevent illegal activity at the Facilities or with
  817  regard to the operation of Covered Games, including, but not
  818  limited to, the maintenance of employee procedures and a
  819  surveillance system;
  820         (c) Ensure prompt notification is given to appropriate law
  821  enforcement authorities of persons who may be involved in
  822  illegal acts in accordance with applicable law;
  823         (d) Ensure that the construction and maintenance of the
  824  Facilities comply with the standards that are at least as
  825  stringent as the Florida Building Code, the provisions of which
  826  the Tribe has adopted as the Seminole Tribal Building Code;
  827         (e) Ensure adequate emergency access plans have been
  828  prepared to ensure the health and safety of all Covered Game
  829  Patrons;
  830         (f) Employ, permit, or authorize only medical professionals
  831  at its gaming facilities that are licensed by this state;
  832         (g) Allow unimpeded access to the gaming facilities by
  833  municipal or county emergency medical services; and
  834         (h) Ensure, at a minimum, that the environmental
  835  requirements of any federal permit will meet the standards
  836  established for the state’s environmental resource permitting
  837  program as provided for in s. 373.414, Florida Statutes.
  838         B. All licenses for members and employees of the Commission
  839  shall be issued according to the same standards and terms
  840  applicable to Facility employees. The Commission’s compliance
  841  officers shall be independent of the Tribal gaming operations,
  842  and shall be supervised by and accountable only to the
  843  Commission. A Commission compliance officer shall be available
  844  to the Facility during all hours of operation upon reasonable
  845  notice, and shall have immediate access to any and all areas of
  846  the Facility for the purpose of ensuring compliance with the
  847  provisions of this Compact. The Commission shall investigate any
  848  such suspected or reported violation of this Part and shall
  849  officially enter into its files timely written reports of
  850  investigations and any action taken thereon, and shall forward
  851  copies of such investigative reports to the SCA within 30
  852  calendar days of such filing. The scope of such reporting shall
  853  be determined by a Memorandum of Understanding between the
  854  Commission and the SCA as soon as practicable after the
  855  Effective Date of this Compact. Any such violations shall be
  856  reported immediately to the Commission, and the Commission shall
  857  immediately forward the same to the SCA. In addition, the
  858  Commission shall promptly report to the SCA any such violations
  859  which it independently discovers.
  860         C. In order to develop and foster a positive and effective
  861  relationship in the enforcement of the provisions of this
  862  Compact, representatives of the Commission and the SCA shall
  863  meet, not less than on an annual basis, to review past practices
  864  and examine methods to improve the regulatory scheme created by
  865  this Compact. The meetings shall take place at a location
  866  mutually agreed to by the Commission and the SCA. The SCA, prior
  867  to or during such meetings, shall disclose to the Commission any
  868  concerns, suspected activities, or pending matters reasonably
  869  believed to possibly constitute violations of this Compact by
  870  any person, organization, or entity, if such disclosure will not
  871  compromise the interest sought to be protected.
  872  
  873                             PART VIII.                            
  874         STATE MONITORING OF COMPACT.—
  875         A. The State shall secure an annual independent financial
  876  audit of the conduct of Covered Games subject to this Compact.
  877  The audit shall examine revenues in connection with the conduct
  878  of Covered Games and shall include only those matters necessary
  879  to verify the determination of Net Win and the basis and amount
  880  of, and the right to, and the amount of the payments the Tribe
  881  is obligated to make to the State pursuant to Part XI. of this
  882  Compact and as defined by this Compact. A copy of the audit
  883  report for the conduct of Covered Games shall be submitted to
  884  the Commission within thirty (30) calendar days of completion.
  885  Representatives of the SCA may, upon request, meet with the
  886  Tribe and its auditors to discuss the audit or any matters in
  887  connection therewith; provided, such discussions are limited to
  888  Covered Games information. The annual independent financial
  889  audit shall be performed by an independent accounting firm, with
  890  experience in auditing casino operations, selected by the State,
  891  subject to the consent of the Tribe, which shall not be
  892  unreasonably withheld. The Tribe shall pay the accounting firm
  893  for the costs of the annual independent financial audit.
  894         B. The SCA shall, pursuant to the provisions of this
  895  Compact, monitor the conduct of Covered Games to ensure that the
  896  Covered Games are conducted in compliance with the provisions of
  897  this Compact. In order to properly monitor the conduct of
  898  Covered Games, agents of the SCA without prior notice or with
  899  concurrent notice shall have reasonable access to all public
  900  areas of the Facilities related to the conduct of Covered Games
  901  as provided herein.
  902         1. While the Commission will act as the regulator of the
  903  Facilities, the SCA may take reasonable steps to assure that
  904  operations at the Facilities comply with the terms of this
  905  Compact and may advise on such issues as it deems appropriate.
  906         2. In order to fulfill its oversight responsibilities, the
  907  State has identified specific oversight testing procedures, set
  908  forth below in subsection 3., paragraphs (a), (b), and (c),
  909  which the SCA may perform on a routine basis.
  910         3.(a) The Tribe shall permit access to the SCA to inspect
  911  with at least concurrent notice any Covered Games in operation
  912  at the Facilities on a random basis, without limitation as to
  913  frequency, to confirm that the Covered Games operate and play
  914  properly pursuant to the manufacturer’s technical standards and
  915  are conducted in compliance with the rules, regulations, and
  916  standards established by the Commission and this Compact. Such
  917  random inspections shall occur during normal operating hours. No
  918  advance notice is required when the SCA inspects public and
  919  nonpublic areas of the Facility. However, representatives of the
  920  SCA shall provide notice to the Commission of their presence for
  921  such inspections. A Commission agent may accompany the
  922  inspection.
  923         (b) For each Facility, the SCA may perform one annual
  924  review of the slot machine compliance audit.
  925         (c) At least on an annual basis, the SCA may meet with the
  926  Tribe’s Internal Audit Department for Gaming to review internal
  927  controls and violations of same by the Facilities.
  928         4. The SCA will seek to work with and obtain the assistance
  929  of the Commission in the resolution of any conflicts with the
  930  management of the Facilities, and the State and the Tribe shall
  931  make their best efforts to resolve disputes through negotiation
  932  whenever possible. Therefore, in order to foster a spirit of
  933  cooperation and efficiency, the parties hereby agree that when
  934  disputes arise between the SCA staff and Commission regulators
  935  from the day-to-day regulation of the Facilities, they should
  936  generally be resolved first through meeting and conferring in
  937  good faith. This voluntary process does not proscribe the right
  938  of either party to seek other relief that may be available when
  939  circumstances require such relief. In the event of a dispute or
  940  disagreement between Tribal and SCA regulators, the dispute or
  941  disagreement shall be resolved in accordance with the dispute
  942  resolution provisions of Part XIII. of this Compact.
  943         5. Access to each Facility by the SCA shall be during the
  944  Facility’s operating hours only, provided that to the extent
  945  such inspections are limited to areas of the Facility where the
  946  public is normally permitted, the SCA agents may inspect the
  947  Facility without giving prior notice to the Tribe or the
  948  Commission.
  949         6. Any suspected or claimed violations of this Compact or
  950  law shall be directed in writing to the Commission; the SCA
  951  agents, in conducting the functions assigned them under this
  952  Compact, shall not unreasonably interfere with the functioning
  953  of any Facility.
  954         7. Before the SCA agents enter any nonpublic area of a
  955  Facility, they shall provide photographic identification to the
  956  Commission. The SCA agents shall be accompanied in nonpublic
  957  areas of the Facility by a Commission officer. Prior notice or
  958  concurrent notice by the SCA to the Commission is required to
  959  assure that a Commission officer is available to accompany the
  960  SCA agents at all times.
  961         8. There is no limit to the number of times or
  962  opportunities that the SCA may inspect any covered games or
  963  gaming devices in operation at a Facility on a random basis to
  964  confirm that the operation and play of the games or devices
  965  conform to manufacturer’s technical standards or to the
  966  standards specified in the compact.
  967         9. There is no limit to the number of times the SCA may
  968  review internal controls and violations by a Facility.
  969         10. All gaming machines on the premises of each Facility
  970  will be connected to a central computerized reporting and
  971  auditing system on the gaming facility premises. The system
  972  shall:
  973         (a) Collect on a continual basis the unaltered activity of
  974  each gaming machine in use at the gaming facility.
  975         (b) Provide access to the state by a dedicated
  976  telecommunications connection, on a “read-only” basis, upon
  977  entry of appropriate security codes, and permit access to and
  978  downloads of the wager and payout data of each machine,
  979  electronically captured by the central computer. However, the
  980  compact may not authorize the state to alter or affect the
  981  operation of any gaming machine or other device on the premises
  982  of the authorized gaming facility or the data provided to the
  983  central computer.
  984         (c) Be constructed and installed at the Tribe’s expense to
  985  provide electronic access to the state for the machine wager and
  986  payout data collected by the central computer.
  987         (d) Be designed in conjunction with the state and the
  988  Tribe’s technical staff so as to preserve the integrity of the
  989  system and the data contained therein, to minimize any
  990  possibility of unauthorized access to the system or tampering
  991  with the data, and to minimize any access by the state to
  992  information other than machine wager and payout data residing in
  993  the central reporting and auditing system.
  994         C. Subject to the provisions herein, agents of the SCA
  995  shall have the right to review, request, and receive copies of
  996  documents of the Facility related to its conduct of Covered
  997  Games. The review and copying of such documents shall be during
  998  normal business hours unless otherwise allowed by the Tribe at
  999  the Tribe’s discretion. The Tribe shall not refuse said
 1000  inspection and copying of such documents, provided that the
 1001  inspectors may not require copies of documents in such volume
 1002  that it unreasonably interferes with the normal functioning of
 1003  the Facilities or Covered Games. To the extent that the Tribe
 1004  provides the State with information which the Tribe claims to be
 1005  confidential and proprietary, or a trade secret, the Tribe shall
 1006  clearly mark such information with the following designation:
 1007  “Trade Secret, Confidential and Proprietary.” If the State
 1008  receives a request under Chapter 119, Florida Statutes, that
 1009  would include such designated information, the State shall
 1010  promptly notify the Tribe of such a request. The SCA may provide
 1011  copies of tribal documents to federal law enforcement and other
 1012  State agencies or State consultants that the State deems
 1013  reasonably necessary in order to conduct or complete any
 1014  investigation of suspected criminal activity in connection with
 1015  the Tribe’s Covered Games or the operation of the Facilities or
 1016  in order to assure the Tribe’s compliance with this Compact.
 1017         D. At the completion of any SCA inspection or
 1018  investigation, the SCA may forward a written report thereof to
 1019  the Commission, containing all pertinent, nonconfidential,
 1020  nonproprietary information regarding any violation of applicable
 1021  laws or this Compact which was discovered during the inspection
 1022  or investigation unless disclosure thereof would adversely
 1023  impact an investigation of suspected criminal activity. Nothing
 1024  herein prevents the SCA from contacting tribal or federal law
 1025  enforcement authorities for suspected criminal wrongdoing
 1026  involving the Commission.
 1027         E. Except as expressly provided in this Compact, nothing in
 1028  this Compact shall be deemed to authorize the State to regulate
 1029  the Tribe’s government, including the Commission, or to
 1030  interfere in any way with the Tribe’s selection of its
 1031  governmental officers, including members of the Commission.
 1032  
 1033                              PART IX.                             
 1034         JURISDICTION.—The obligations and rights of the State and
 1035  the Tribe under this Compact are contractual in nature, and are
 1036  to be construed and enforced in accordance with the laws of the
 1037  State of Florida. This Compact shall not alter tribal, federal,
 1038  or state civil adjudicatory or criminal jurisdiction in any way.
 1039  
 1040                               PART X.                             
 1041         LICENSING.—The Tribe and the Commission shall comply with
 1042  the licensing and hearing requirements set forth in 25 C.F.R.
 1043  Parts 556 and 558, as well as the applicable licensing and
 1044  hearing requirements set forth in Articles IV-VI of the Seminole
 1045  Tribal Gaming Code. The Commission shall notify the SCA of any
 1046  disciplinary hearings or revocation or suspension of licenses.
 1047  
 1048                              PART XI.                             
 1049         PAYMENTS TO THE STATE OF FLORIDA.—
 1050         A. The parties acknowledge and recognize that this Compact
 1051  provides the Tribe with partial but substantial exclusivity and
 1052  other valuable consideration consistent with the goals of the
 1053  Indian Gaming Regulatory Act, including special opportunities
 1054  for tribal economic development through gaming within the
 1055  external boundaries of Florida with respect to the play of
 1056  Covered Games. In consideration thereof, the Tribe covenants and
 1057  agrees, subject to the conditions agreed upon in Part XII. of
 1058  this Compact, to make Payments to the State derived from Net Win
 1059  as set forth in Section B. The Tribe further agrees to convert
 1060  all of its Class II video bingo terminals (or their equivalents)
 1061  to Class III slot machines within twenty-four (24) months after
 1062  the Effective Date of this Compact, or the Payment to the State
 1063  shall be calculated as if the conversion has been completed,
 1064  whether or not the Tribe has fully executed its conversion. The
 1065  Tribe further agrees that it will not purchase or lease any new
 1066  Class II video bingo terminals (or their equivalents) after the
 1067  Effective Date of this Compact.
 1068         B. Payment schedule.—Subject to the provisions in this Part
 1069  of the Compact, and subject to the limitations agreed upon in
 1070  Part XII. of the Compact, the amounts paid by the Tribe to the
 1071  State shall be calculated as follows:
 1072         1. For each Revenue Sharing Cycle, the Tribe agrees to pay
 1073  not less than a Guaranteed Minimum Payment of One Hundred Fifty
 1074  Million Dollars ($150,000,000) if the Revenue Share calculated
 1075  for that Revenue Sharing Cycle under subsection 3., below, is
 1076  less than the Guaranteed Minimum Payment.
 1077         2. All Guaranteed Minimum Payments shall be deducted from
 1078  and credited toward the Revenue Share in each Revenue Sharing
 1079  Cycle set forth below in subsection 3.
 1080         3. For each Revenue Sharing Cycles, to the extent that the
 1081  Revenue Share exceeds the Guaranteed Minimum Payment for each
 1082  Revenue Sharing Cycle, the Tribe agrees, as further provided in
 1083  subsection 4., to pay a Revenue Share for that Revenue Sharing
 1084  Cycle equal to the total amount calculated from the operation
 1085  and play of Covered Games from each Revenue Sharing Cycle as
 1086  follows:
 1087         (a) Twelve percent (12%) of all amounts up to Two and one
 1088  half Billion Dollars ($2,500,000,000) of Net Win received by the
 1089  Tribe from the operation and play of Covered Games from each
 1090  Revenue Sharing Cycle;
 1091         (b) Fifteen percent (15%) of all amounts between Two and
 1092  one half Billion and One Dollars ($2,500,000,001) and Three
 1093  Billion Dollars ($3,000,000,000) of Net Win received by the
 1094  Tribe from the operation and play of Covered Games from each
 1095  Revenue Sharing Cycle;
 1096         (c) Twenty percent (20%) of all amounts between Three
 1097  Billion and One Dollar ($3,000,000,001) and Four Billion Dollars
 1098  ($4,000,000,000) of Net Win received by the Tribe from the
 1099  operation and play of Covered Games from each Revenue Sharing
 1100  Cycle;
 1101         (d) Twenty-two and one half percent (22.5%) of all amounts
 1102  between Four Billion and One Dollar ($4,000,000,001) and Four
 1103  and one half Billion Dollars ($4,500,000,000) of Net Win
 1104  Received by the Tribe from the operation and play of Covered
 1105  Games from each Revenue Sharing Cycle; and
 1106         (e) Twenty-five percent (25%) of all amounts over Four and
 1107  one half Billion Dollars ($4,500,000,000) of Net Win received by
 1108  the Tribe from the operation and play of Covered Games from each
 1109  Revenue Sharing Cycle.
 1110         4.(a) On or before the fifteenth day of the month following
 1111  the first month of the Revenue Sharing Cycle, the Tribe will
 1112  remit to the State the greater amount of eight and one-third
 1113  percent (8.3 percent) of the estimated annual Revenue Share or
 1114  eight and one-third percent (8.3 percent) of the Guaranteed
 1115  Minimum Payment (“the monthly payment”).
 1116         (b) The Tribe will make available to the State at the time
 1117  of the monthly payment the basis for the calculation of the
 1118  Payment.
 1119         (c) Each month the Tribe will internally “true up” the
 1120  calculation of the estimated Revenue Share based on the Tribe’s
 1121  un-audited financial statements related to Covered Games.
 1122         5.(a) On or before the forty-fifth day after the third
 1123  month, sixth month, ninth month, and twelfth month of each
 1124  Revenue Sharing Cycle, provided that the twelve (12) month
 1125  period does not coincide with the Tribe’s fiscal year end date
 1126  as indicated in paragraph (c), the Tribe will provide the State
 1127  with an audit report by its independent auditors as to the
 1128  accuracy of the annual Revenue Share calculation.
 1129         (b) For each quarter of these Revenue Sharing Cycles the
 1130  Tribe will engage its independent auditors to conduct a review
 1131  of the un-audited net revenue from Covered Games. On or before
 1132  the one hundred and twentieth day after the end of the Tribe’s
 1133  fiscal year, the Tribe will require its independent auditors to
 1134  provide an audit report to verify Net Win for Covered Games and
 1135  the related Payment of the annual Revenue Share to the SCA for
 1136  State review.
 1137         (c) If the twelfth month of each Revenue Sharing Cycle does
 1138  not coincide with the Tribe’s fiscal year, the Tribe will
 1139  require its independent auditors to deduct Net Win from Covered
 1140  Games for any of the months that are outside of the Revenue
 1141  Sharing Cycle and to include Net Win from Covered Games for
 1142  those months which fall outside of the Tribe’s audit period but
 1143  fall within the Revenue Sharing Cycle, prior to issuing the
 1144  audit report.
 1145         (d) No later than thirty (30) calendar days after the day
 1146  the audit report is issued, the Tribe will remit to the State
 1147  any underpayment of the annual Revenue Share, and the State at
 1148  its discretion will either reimburse to the Tribe any
 1149  overpayment of the annual Revenue Share or authorize the
 1150  overpayment to be deducted from the next monthly payment.
 1151         C. Payments pursuant to Sections A. and B. above shall be
 1152  made to the State via electronic funds transfer in a manner
 1153  directed by the SCA for immediate transfer into the Educational
 1154  Enhancement Trust Fund of the Department of Education. Payments
 1155  will be due in accordance with the Payment Schedule set forth in
 1156  Section B. The appropriation of any Payments received by the
 1157  State pursuant to this Compact lies within the exclusive
 1158  prerogative of the Legislature.
 1159         D. The Annual Oversight Assessment to reimburse the State
 1160  for the actual costs of the operation of the SCA to perform its
 1161  monitoring functions as defined in this Compact shall be
 1162  determined and paid in quarterly installments within thirty (30)
 1163  calendar days of receipt by the Tribe of an invoice from the
 1164  SCA. The Tribe reserves the right to audit the invoices on an
 1165  annual basis, a copy of which will be provided to the SCA, and
 1166  any discrepancies found therein shall be reconciled within
 1167  forty-five (45) calendar days of receipt of the audit by the
 1168  SCA. Out-of-pocket expenses to be incurred by the Governor or
 1169  his designee performing functions of the SCA unless and until
 1170  the SCA is designated by the Legislature shall be advanced by
 1171  the Tribe upon submission of properly documented requests.
 1172         E. As provided for 25 U.S.C. s. 2710(b)(2)(B)(v), the Tribe
 1173  agrees to pay to the State an additional amount equal to three
 1174  percent (3 percent) of the annual amount set forth in Section B.
 1175  of this Part, which funds shall be used for the purposes of
 1176  offsetting the impacts of the Tribe’s facilities on the
 1177  operations of local governments.
 1178         F. Any moneys remitted by the Tribe before the effective
 1179  date of this Compact shall be deemed forfeited by the Tribe and
 1180  released to the State without further obligation or encumbrance.
 1181  Acceptance and appropriation of such funds does not legitimize,
 1182  validate, or otherwise ratify any previously proposed compact or
 1183  the operation of class III games by the Tribe for any period
 1184  prior to the effective date of this Compact.
 1185         G. Except as expressly provided in this Part, nothing in
 1186  this Compact shall be deemed to require the Tribe to make
 1187  payments of any kind to the State or any of its agencies.
 1188  
 1189                              PART XII.                            
 1190         REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
 1191  OR OTHER CHANGES IN FLORIDA LAW.—The intent of this Part is to
 1192  provide the Tribe with the right to operate Covered Games on an
 1193  exclusive basis as provided in this compact, subject to the
 1194  exceptions and provisions set forth below.
 1195         A. If Class III gaming as defined in this Compact that is
 1196  not presently authorized by or under Florida law is authorized
 1197  for any location within the State of Florida that is under the
 1198  jurisdiction of the State and Tribal Net Win plus revenues from
 1199  its remaining Class II video bingo terminals (or their
 1200  equivalents) within its Facilities statewide drops below $1.37
 1201  billion, the Payments due the State pursuant to Part XI.,
 1202  Sections A. and B. of this Compact shall be reduced based on the
 1203  proportion of net win below $1.37 billion. The Payments due the
 1204  State pursuant to Part XI., Sections A. and B. of this Compact
 1205  shall resume in full if the Tribe’s annual Net Win plus revenues
 1206  from its remaining Class II video bingo terminals (or their
 1207  equivalents) within its Facilities statewide again reaches or
 1208  exceeds $1.37 billion.
 1209         B. The following are exceptions to the exclusivity
 1210  provisions of Section A. above.
 1211         1. Any Class III gaming authorized by a compact between the
 1212  State and any other federally recognized tribe pursuant to the
 1213  Indian Gaming Regulatory Act will not be a breach or other
 1214  violation of the exclusivity provisions set forth in Section A.
 1215  above.
 1216         2. The conduct of illegal or otherwise unauthorized gaming
 1217  within the State shall not be considered a breach or other
 1218  violation of the exclusivity provisions set forth in Section A.
 1219  above.
 1220         3. Any Class III slot machine gaming authorized after the
 1221  effective date of this compact for pari-mutuel facilities in
 1222  Miami-Dade County or Broward County will not be a breach or
 1223  violation of the exclusivity provisions set forth in Section A.
 1224  above.
 1225         4. Any historic racing machines, electronic bingo machines,
 1226  and pari-mutuel wagering activities at licensed pari-mutuel
 1227  facilities authorized after the effective date of this compact
 1228  will not be a breach or violation of the exclusivity provisions
 1229  set forth in Section A. above.
 1230         C. Revenue sharing by the Tribe may not be reduced or
 1231  eliminated by the existence of any gaming activities being
 1232  conducted in Florida at the time this compact is ratified which
 1233  are illegal or are of unsettled legal status.
 1234         D. If the Florida Constitution is amended to repeal the
 1235  slot machine amendment in s. 23, Article X of the State
 1236  Constitution, the Legislature authorizes the Seminoles to
 1237  continue to offer the play of covered games under the terms of
 1238  the compact authorized pursuant to this section during the
 1239  remainder of the term of the compact.
 1240         E. To the extent that the Tribe’s ongoing Payment
 1241  obligations to the State pursuant to Part XI., Sections A. and
 1242  B. of this Compact are reduced, any outstanding Payments that
 1243  would have been due the State from the Tribe’s Facilities prior
 1244  to the event authorizing the reduction shall be made within
 1245  thirty (30) business days after cessation.
 1246         F. Any reduction of Payments authorized under this Compact
 1247  shall not excuse the Tribe from continuing to comply with all
 1248  other provisions of this Compact, including continuing to pay
 1249  the State the Annual Oversight Assessment as set forth in Part
 1250  XI., Section C. of this Compact. Furthermore, the State shall
 1251  continue to have the right to monitor the Tribe’s compliance
 1252  with the Compact.
 1253         G. In the event that revenue sharing payments to the State
 1254  made pursuant to Part XI., Sections A. and B. are reduced under
 1255  this Part, the annual amount payable to the State for the
 1256  impacts to local governments under Part XI., Section E. shall be
 1257  calculated as the amount paid for the last full revenue sharing
 1258  year. Such payments shall continue to be calculated in such
 1259  manner until the revenue sharing payments under Part XI.,
 1260  Sections A. and B. are restored.
 1261         H. Nothing in this Compact is intended to affect the
 1262  ability of the State Legislature to enact laws either further
 1263  restricting or expanding gambling on non-tribal lands.
 1264  
 1265                             PART XIII.                            
 1266         DISPUTE RESOLUTION.—In the event that either party to this
 1267  Compact believes that the other party has failed to comply with
 1268  any requirements of this Compact, or in the event of any dispute
 1269  hereunder, including, but not limited to, a dispute over the
 1270  proper interpretation of the terms and conditions of this
 1271  Compact, the goal of the Parties is to resolve all disputes
 1272  amicably and voluntarily whenever possible. In pursuit of this
 1273  goal, the following procedures may be invoked:
 1274         A. A party asserting noncompliance or seeking an
 1275  interpretation of this Compact first shall serve written notice
 1276  on the other party. The notice shall identify the specific
 1277  Compact provision alleged to have been violated or in dispute
 1278  and shall specify in detail the asserting party’s contention and
 1279  any factual basis for the claim. Representatives of the Tribe
 1280  and State shall meet within thirty (30) calendar days of receipt
 1281  of notice in an effort to resolve the dispute, unless they
 1282  mutually agree to extend this period.
 1283         B. A party asserting noncompliance or seeking an
 1284  interpretation of this Compact under this Part shall be deemed
 1285  to have certified that to the best of the party’s knowledge,
 1286  information, and belief formed after reasonable inquiry, the
 1287  claim of noncompliance or the request for interpretation of this
 1288  Compact is warranted and made in good faith and not for any
 1289  improper purpose, such as to harass or to cause unnecessary
 1290  delay or the needless incurring of the cost of resolving the
 1291  dispute.
 1292         C. If the parties are unable to resolve a dispute through
 1293  the process specified in Sections A. and B. of this Part, the
 1294  parties may agree to mediation under the Commercial Mediation
 1295  Procedures of the American Arbitration Association (AAA), or any
 1296  such successor procedures, provided that such mediation does not
 1297  last more than sixty (60) calendar days, unless an extension to
 1298  this time limit is mutually agreed to by the parties. The
 1299  disputes available for resolution through mediation are limited
 1300  to matters arising under the terms of this Compact.
 1301         D. If the parties are unable to resolve a dispute through
 1302  the process specified in Sections A., B., and C. of this Part,
 1303  notwithstanding any other provision of law, the State may bring
 1304  an action against the Tribe in any court of competent
 1305  jurisdiction regarding any dispute arising under this Compact.
 1306  The State is entitled to all remedies available under law or in
 1307  equity.
 1308         E. For purposes of actions based on disputes between the
 1309  State and the Tribe that arise under this Compact and the
 1310  enforcement of any judgment resulting therefore, the Tribe
 1311  expressly waives its right to assert sovereign immunity from
 1312  suit and from enforcement of any ensuing judgment, and further
 1313  consents to be sued in federal or state court, including the
 1314  rights of appeal, as the case may be, provided that (i) the
 1315  dispute is limited solely to issues arising under this Compact,
 1316  (ii) there is no claim for monetary damages (except that payment
 1317  of any money required by the terms of this Compact, as well as
 1318  injunctive relief or specific performance enforcing a provision
 1319  of this Compact requiring the payment of money to the State may
 1320  be sought), and (iii) nothing herein shall be construed to
 1321  constitute a waiver of the sovereign immunity of the Tribe with
 1322  respect to any third party that is made a party or intervenes as
 1323  a party to the action.
 1324         F. The State may not be precluded from pursuing any
 1325  mediation or judicial remedy against the Tribe on the grounds
 1326  that the State has failed to exhaust its Tribal administrative
 1327  remedies.
 1328         G. Notwithstanding anything to the contrary in this Part,
 1329  any failure of the Tribe to remit the Payments pursuant to the
 1330  terms of Part XI. will entitle the State to seek mandatory
 1331  injunctive relief in federal or state court, at the State’s
 1332  election, to compel the Payments after exhausting the dispute
 1333  resolution process in Sections A. and B. of this Part.
 1334         H. The State shall be entitled to seek immediate injunctive
 1335  relief in the event the Tribe offers or continues to offer Class
 1336  III games not authorized under this Compact.
 1337         I. Notwithstanding any other provision of law to the
 1338  contrary, if the parties are unable to resolve a dispute through
 1339  the process specified in Sections A., B., and C., of this Part,
 1340  provided that the State does not exercise its option to file an
 1341  action against the Tribe under Section D., either party may
 1342  invoke presuit nonbinding arbitration to resolve any dispute
 1343  between the parties arising under the compact.
 1344         (a) The party demanding the presuit nonbinding arbitration
 1345  shall immediately ask the American Arbitration Association to
 1346  furnish a list of 11 arbitrators, each of whom shall have at
 1347  least 5 years of commercial arbitration experience and no
 1348  financial interest in or prior relationship with any of the
 1349  parties or their affiliated or related entities or principals.
 1350         (b) The state and the Tribe shall each select a single
 1351  arbitrator from the list provided by the American Arbitration
 1352  Association within 10 days after receipt, and the individuals so
 1353  selected shall choose one additional arbitrator from the list
 1354  within the next 10 days. The three arbitrators selected shall
 1355  constitute the panel that shall arbitrate the dispute between
 1356  the parties pursuant to the American Arbitration Association
 1357  Commercial Arbitration Rules and Chapter 682, Florida Statutes.
 1358         (c) At the conclusion of the proceedings, which shall be no
 1359  later than 90 days after the demand for arbitration, the
 1360  arbitration panel shall present to the parties a proposed
 1361  agreement that the majority of the panel believes equitably
 1362  balances the rights, interests, obligations, and reasonable
 1363  expectations of the parties.
 1364         (d) The parties shall, within 10 days after the arbitration
 1365  panel’s issuance of the proposed agreement, enter into such
 1366  agreement or notify the opposing party of its intent to reject
 1367  the agreement and proceed with a lawsuit to resolve the dispute.
 1368         (e) Each party shall pay its respective costs of
 1369  arbitration and shall pay one-half of the costs of the
 1370  arbitration panel.
 1371         (f) The arbitrator’s decision may not be enforced in any
 1372  court.
 1373         J. If the arbitrator finds that the state is not in
 1374  compliance with the Compact, the State shall have the
 1375  opportunity to challenge the decision of the arbitrators by
 1376  bringing an independent action against the Tribe in federal
 1377  district court (“federal court”) regarding the dispute
 1378  underlying the arbitration in a district in which the federal
 1379  court has venue. If the federal court declines to exercise
 1380  jurisdiction, or federal precedent exists that rules that the
 1381  federal court would not have jurisdiction over such a dispute,
 1382  the State may bring the action in the Courts of the Seventeenth
 1383  Judicial Circuit in and for Broward County, Florida. The State
 1384  is entitled to all rights of appeal permitted by law in the
 1385  court system in which the action is brought. The State shall be
 1386  entitled to de novo review of the arbitrators’ decision under
 1387  this Section. For the purpose of this Section, the Tribe agrees
 1388  to waive its immunity as provided in Section E. of this Part.
 1389  
 1390                              PART XIV.                            
 1391         CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
 1392         A. If any provision of this Compact relating to the covered
 1393  games, revenue sharing payments, suspension or reduction of
 1394  payments, or exclusivity is held by a court of competent
 1395  jurisdiction to be invalid, this Compact will become null and
 1396  void. If any provision, part, section, or subsection of this
 1397  Compact is determined by a federal district court in Florida or
 1398  other court of competent jurisdiction to impose a mandatory duty
 1399  on the State of Florida that requires authorization by the
 1400  Florida Legislature, the duty conferred by that particular
 1401  provision, part, section, or subsection shall no longer be
 1402  mandatory but will be deemed to be a matter within the
 1403  discretion of the Governor or other State officers, subject to
 1404  such legislative approval as may be required by Florida law.
 1405         B. It is understood that Part XII. of this Compact, which
 1406  provides for a reduction of the Payments to the State under Part
 1407  XI., does not create any duty on the State of Florida but only a
 1408  remedy for the Tribe if Class III gambling under state
 1409  jurisdiction is expanded by operation of law and Tribal net win
 1410  falls below $1.37 billion.
 1411         C. This Compact is intended to meet the requirements of the
 1412  Indian Gaming Regulatory Act as it reads on the Effective Date
 1413  of this Compact, and where reference is made to the Indian
 1414  Gaming Regulatory Act, or to an implementing regulation thereof,
 1415  the reference is deemed to have been incorporated into this
 1416  document as if set in full. Subsequent changes to the Indian
 1417  Gaming Regulatory Act that diminish the rights of the State or
 1418  Tribe may not be applied retroactively to alter the terms of
 1419  this Compact, except to the extent that federal law validly
 1420  mandates that retroactive application without the respective
 1421  consent of the State or Tribe. In the event that a subsequent
 1422  change to the Indian Gaming Regulatory Act, or to an
 1423  implementing regulation thereof, mandates the retroactive
 1424  application without the respective consent of the state or
 1425  Tribe, the parties agree that this Compact is void if the
 1426  subsequent change materially alters the minimum terms and
 1427  standards in the compact relating to the covered games, revenue
 1428  sharing payments, suspension or reduction of payments, or
 1429  exclusivity.
 1430         D. Neither the presence in another tribal-state compact of
 1431  language that is not included in this Compact, nor the absence
 1432  in this Compact of language that is present in another tribal
 1433  state compact shall be a factor in construing the terms of this
 1434  Compact.
 1435         E. Upon Legislative ratification, the parties shall
 1436  cooperate and use their best efforts in seeking approval of this
 1437  Compact from the Secretary of the Interior and the parties
 1438  further agree that, upon ratification by the Legislature, the
 1439  Tribe shall submit the Compact to the Secretary forthwith.
 1440  
 1441                              PART XV.                             
 1442         NOTICES.—All notices required under this Compact shall be
 1443  given by (i) certified mail, return receipt requested, (ii)
 1444  commercial overnight courier service, or (iii) personal
 1445  delivery, to the following persons:
 1446         A. The Governor.
 1447         B. The General Counsel to the Governor.
 1448         C. The Chair of the Seminole Tribe of Florida.
 1449         D. The General Counsel to the Seminole Tribe of Florida.
 1450  
 1451                              PART XVI.                            
 1452         EFFECTIVE DATE AND TERM.—
 1453         A. This Compact shall become effective upon ratification by
 1454  the Legislature and subsequent approval of the Compact by the
 1455  Secretary of the Interior as a tribal-state compact within the
 1456  meaning of the Indian Gaming Regulatory Act either by
 1457  publication of the notice of approval in the Federal Register or
 1458  by operation of law under 25 U.S.C. s. 2710(d)(7)(C).
 1459         B. This Compact shall have a term of fifteen (15) years,
 1460  beginning on the first day of the month following the month in
 1461  which the Compact becomes effective under Section A. of this
 1462  Part. This Compact shall remain in full force and effect until
 1463  the sooner of expiration of its terms or until terminated by
 1464  mutual agreement of the parties.
 1465  
 1466                             PART XVII.                            
 1467         AMENDMENT OF COMPACT AND REFERENCES.—
 1468         A. Amendment of this Compact may only be made by written
 1469  agreement of the parties, subject to approval by the Secretary
 1470  either by publication of the notice of approval in the Federal
 1471  Register or by operation of law under 25 U.S.C. s.
 1472  2710(d)(7)(C).
 1473         B. Legislative ratification is required for any amendment
 1474  to the Compact that is not consistent with the terms and
 1475  standards set forth in ss. 285.710 and 285.711, Florida
 1476  Statutes, or that alters the provisions relating to the covered
 1477  games, the amount of revenue sharing payments, suspension or
 1478  reduction in payments, or exclusivity.
 1479         C. Changes in the provisions of tribal ordinances,
 1480  regulations, and procedures referenced in this Compact may be
 1481  made by the Tribe with thirty (30) calendar days advance notice
 1482  to the State. If the State has an objection to any change to the
 1483  tribal ordinance, regulation, or procedure which is the subject
 1484  of the notice on the ground that its adoption would be a
 1485  violation of the Tribe’s obligations under this Compact, the
 1486  State may invoke the dispute resolution provisions provided in
 1487  Part XIII. of this Compact.
 1488  
 1489                             PART XVIII.                           
 1490         MISCELLANEOUS.—
 1491         A. Except to the extent expressly provided in this Compact,
 1492  this Compact is not intended to, and shall not be construed to,
 1493  create any right on the part of a third party to bring an action
 1494  to enforce any of its terms.
 1495         B. If, after the Effective Date of this Compact, the State
 1496  enters into a compact with any other Tribe that contains more
 1497  favorable terms with respect to any of the provisions of this
 1498  Compact and the U.S. Secretary of the Interior approves such
 1499  compact, either by publication of the notice of approval in the
 1500  Federal Register or by operation of law under 25 U.S.C. s.
 1501  2710(d)(7)(C), upon tribal notice to the State and the
 1502  Secretary, this Compact shall be deemed amended to contain the
 1503  more favorable terms, unless the State objects to the change and
 1504  can demonstrate, in a proceeding commenced under Part XIII.,
 1505  that the terms in question are not more favorable.
 1506         C. Upon the occurrence of certain events beyond the Tribe’s
 1507  control, including acts of God, war, terrorism, fires, floods,
 1508  or accidents causing damage to or destruction of one or more of
 1509  its Facilities or property necessary to operate the
 1510  Facility(ies), (i) the Tribe’s obligation to pay the Guaranteed
 1511  Minimum Payment described in Part XI. shall be reduced pro rata
 1512  to reflect the percentage of the total Net Win lost to the Tribe
 1513  from the impacted Facility(ies) and (ii) the Net Win specified
 1514  under Part XI., Section B., for purposes of determining whether
 1515  the Tribe’s payments described in Part XI. shall be reduced pro
 1516  rata to reflect the percentage of the total Net Win lost to the
 1517  Tribe from the impacted Facility(ies). The foregoing shall not
 1518  excuse any obligations of the Tribe to make Payments to the
 1519  State as and when required hereunder or in any related document
 1520  or agreement.
 1521         D. The Tribe and the State recognize that opportunities to
 1522  engage in gaming in smoke-free or reduced-smoke environments
 1523  provides both health and other benefits to Patrons, and the
 1524  Tribe has already instituted a non-smoking section at its
 1525  Seminole Hard Rock Hotel & Casino – Hollywood Facility. As part
 1526  of its continuing commitment to this issue, the Tribe will:
 1527         1. Install and utilize a ventilation system at all new
 1528  construction at its Facilities, which system exhausts tobacco
 1529  smoke to the extent reasonably feasible under existing state-of
 1530  the-art technology;
 1531         2. Designate a smoke-free area for slot machines at all new
 1532  construction at its Facilities; and
 1533         3. Install non-smoking, vented tables for table games in
 1534  its Facilities sufficient to respond to demand for such tables.
 1535         E. The annual average minimum pay-out of all slot machines
 1536  in each Facility shall not be less than eighty-five percent (85
 1537  percent).
 1538         F. Nothing in this Compact shall alter any of the existing
 1539  memoranda of understanding, contracts, or other agreements
 1540  entered into between the Tribe and any other federal, state, or
 1541  local governmental entity.
 1542         G. The Tribe currently has as set forth in its Employee
 1543  Fair Treatment and Dispute Resolution Policy, and agrees to
 1544  maintain, standards that are comparable to the standards
 1545  provided in federal laws and State laws forbidding employers
 1546  from discrimination in connection with the employment of persons
 1547  working at the Facilities on the basis of race, color, religion,
 1548  national origin, gender, age, disability/handicap, or marital
 1549  status. Nothing herein shall preclude the Tribe from giving
 1550  preference in employment, promotion, seniority, lay-offs, or
 1551  retention to members of the Tribe and other federally recognized
 1552  tribes. The Tribe will comply with all federal and state labor
 1553  laws, where applicable. The Tribe shall provide a process for
 1554  employee disputes which permits the employee to be represented
 1555  by an attorney or other legally authorized representative. The
 1556  process shall permit the employee to use language interpreters,
 1557  including interpreters for the deaf or hard of hearing.
 1558         H. The Tribe agrees to use its best efforts to spend its
 1559  revenue in this state to acquire goods and services from
 1560  Florida-based vendors, professionals, and material and service
 1561  providers.
 1562         Section 3. Subsection (3) of section 1013.737, Florida
 1563  Statutes, is amended to read:
 1564         1013.737 The Class Size Reduction Lottery Revenue Bond
 1565  Program.—There is established the Class Size Reduction Lottery
 1566  Revenue Bond Program.
 1567         (3) The state hereby covenants with the holders of such
 1568  revenue bonds that it will not take any action that will
 1569  materially and adversely affect the rights of such holders so
 1570  long as bonds authorized by this section are outstanding. The
 1571  state does hereby additionally authorize the establishment of a
 1572  covenant in connection with the bonds which provides that any
 1573  additional funds received by the state from new or enhanced
 1574  lottery programs;, video gaming; banking card games, including
 1575  baccarat, chemin de fer, or blackjack; electronic or
 1576  electromechanical facsimiles of any game of chance; casino
 1577  games; slot machines;, or other similar activities will first be
 1578  available for payments relating to bonds pledging revenues
 1579  available pursuant to s. 24.121(2), prior to use for any other
 1580  purpose.
 1581         Section 4. Subsections (11) and (38) of section 550.002,
 1582  Florida Statutes, are amended to read:
 1583         550.002 Definitions.—As used in this chapter, the term:
 1584         (11) “Full schedule of live racing or games” means, for a
 1585  greyhound or jai alai permitholder, the conduct of a combination
 1586  of at least 100 live evening or matinee performances during the
 1587  preceding year; for a permitholder who has a converted permit or
 1588  filed an application on or before June 1, 1990, for a converted
 1589  permit, the conduct of a combination of at least 100 live
 1590  evening and matinee wagering performances during either of the 2
 1591  preceding years; for a jai alai permitholder who does not
 1592  operate slot machines in its pari-mutuel facility, who has
 1593  conducted at least 100 live performances per year for at least
 1594  10 years after December 31, 1992, and whose handle on live jai
 1595  alai games conducted at its pari-mutuel facility has been less
 1596  than $4 million per state fiscal year for at least 2 consecutive
 1597  years after June 30, 1992, the conduct of a combination of at
 1598  least 40 live evening or matinee performances during the
 1599  preceding year; for a jai alai permitholder who operates slot
 1600  machines in its pari-mutuel facility, the conduct of a
 1601  combination of at least 150 performances during the preceding
 1602  year; for a harness permitholder, the conduct of at least 100
 1603  live regular wagering performances during the preceding year;
 1604  for a quarter horse permitholder at its facility unless an
 1605  alternative schedule of at least 20 live regular wagering
 1606  performances is agreed upon by the permitholder and either the
 1607  Florida Quarter Horse Racing Association or the horsemen’s
 1608  association representing the majority of the quarter horse
 1609  owners and trainers at the facility and filed with the division
 1610  along with its annual date application, in the 2010-2011 fiscal
 1611  year, the conduct of at least 20 regular wagering performances,
 1612  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
 1613  least 30 live regular wagering performances, and for every
 1614  fiscal year after the 2012-2013 fiscal year, the conduct of at
 1615  least 40 live regular wagering performances during the preceding
 1616  year; for a quarter horse permitholder leasing another licensed
 1617  racetrack, the conduct of 160 events at the leased facility; and
 1618  for a thoroughbred permitholder, the conduct of at least 40 live
 1619  regular wagering performances during the preceding year. For a
 1620  permitholder which is restricted by statute to certain operating
 1621  periods within the year when other members of its same class of
 1622  permit are authorized to operate throughout the year, the
 1623  specified number of live performances which constitute a full
 1624  schedule of live racing or games shall be adjusted pro rata in
 1625  accordance with the relationship between its authorized
 1626  operating period and the full calendar year and the resulting
 1627  specified number of live performances shall constitute the full
 1628  schedule of live games for such permitholder and all other
 1629  permitholders of the same class within 100 air miles of such
 1630  permitholder. A live performance must consist of no fewer than
 1631  eight races or games conducted live for each of a minimum of
 1632  three performances each week at the permitholder’s licensed
 1633  facility under a single admission charge.
 1634         (38) “Year,” for purposes of determining a full schedule of
 1635  live racing, means the state fiscal calendar year.
 1636         Section 5. Subsection (3) of section 550.01215, Florida
 1637  Statutes, is amended to read:
 1638         550.01215 License application; periods of operation; bond,
 1639  conversion of permit.—
 1640         (3) Except as provided in s. 550.5251 for thoroughbred
 1641  racing, The division shall issue each license no later than
 1642  March 15. Each permitholder shall operate all performances at
 1643  the date and time specified on its license. The division shall
 1644  have the authority to approve minor changes in racing dates
 1645  after a license has been issued. The division may approve
 1646  changes in racing dates after a license has been issued when
 1647  there is no objection from any operating permitholder located
 1648  within 50 miles of the permitholder requesting the changes in
 1649  operating dates. In the event of an objection, the division
 1650  shall approve or disapprove the change in operating dates based
 1651  upon the impact on operating permitholders located within 50
 1652  miles of the permitholder requesting the change in operating
 1653  dates. In making the determination to change racing dates, the
 1654  division shall take into consideration the impact of such
 1655  changes on state revenues.
 1656         Section 6. Subsection (14) is added to section 550.054,
 1657  Florida Statutes, to read:
 1658         550.054 Application for permit to conduct pari-mutuel
 1659  wagering.—
 1660         (14)(a) Any holder of a permit to conduct jai alai may
 1661  apply to the division to convert such permit to a permit to
 1662  conduct greyhound racing in lieu of jai alai if:
 1663         1. Such permit is located in a county in which the division
 1664  has issued only two pari-mutuel permits pursuant to this
 1665  section;
 1666         2. Such permit was not previously converted from any other
 1667  class of permit; and
 1668         3. The holder of the permit has not conducted jai alai
 1669  games during a period of 10 years immediately preceding his or
 1670  her application for conversion under this subsection.
 1671         (b) The division, upon application from the holder of a jai
 1672  alai permit meeting all conditions of this section, shall
 1673  convert the permit and shall issue to the permitholder a permit
 1674  to conduct greyhound racing. A permitholder of a permit
 1675  converted under this section shall be required to apply for and
 1676  conduct a full schedule of live racing each fiscal year to be
 1677  eligible for any tax credit provided by this chapter. The holder
 1678  of a permit converted pursuant to this subsection or any holder
 1679  of a permit to conduct greyhound racing located in a county in
 1680  which it is the only permit issued pursuant to this section who
 1681  operates at a leased facility pursuant to s. 550.475 may move
 1682  the location for which the permit has been issued to another
 1683  location within a 30-mile radius of the location fixed in the
 1684  permit issued in that county, provided the move does not cross
 1685  the county boundary and such location is approved under the
 1686  zoning regulations of the county or municipality in which the
 1687  permit is located, and upon such relocation may use the permit
 1688  for the conduct of pari-mutuel wagering and the operation of a
 1689  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1690  apply to any permit converted under this subsection and shall
 1691  continue to apply to any permit which was previously included
 1692  under and subject to such provisions before a conversion
 1693  pursuant to this section occurred.
 1694         Section 7. Paragraph (b) of subsection (1) and subsection
 1695  (5) of section 550.0951, Florida Statutes, are amended, and
 1696  subsection (6) of that section is reenacted, to read:
 1697         550.0951 Payment of daily license fee and taxes;
 1698  penalties.—
 1699         (1)
 1700         (b) Each permitholder that cannot utilize the full amount
 1701  of the exemption of $360,000 or $500,000 provided in s.
 1702  550.09514(1) or the daily license fee credit provided in this
 1703  section may, after notifying the division in writing, elect once
 1704  per state fiscal year on a form provided by the division to
 1705  transfer such exemption or credit or any portion thereof to any
 1706  greyhound permitholder which acts as a host track to such
 1707  permitholder for the purpose of intertrack wagering. Once an
 1708  election to transfer such exemption or credit is filed with the
 1709  division, it shall not be rescinded. The division shall
 1710  disapprove the transfer when the amount of the exemption or
 1711  credit or portion thereof is unavailable to the transferring
 1712  permitholder or when the permitholder who is entitled to
 1713  transfer the exemption or credit or who is entitled to receive
 1714  the exemption or credit owes taxes to the state pursuant to a
 1715  deficiency letter or administrative complaint issued by the
 1716  division. Upon approval of the transfer by the division, the
 1717  transferred tax exemption or credit shall be effective for the
 1718  first performance of the next payment biweekly pay period as
 1719  specified in subsection (5). The exemption or credit transferred
 1720  to such host track may be applied by such host track against any
 1721  taxes imposed by this chapter or daily license fees imposed by
 1722  this chapter. The greyhound permitholder host track to which
 1723  such exemption or credit is transferred shall reimburse such
 1724  permitholder the exact monetary value of such transferred
 1725  exemption or credit as actually applied against the taxes and
 1726  daily license fees of the host track. The division shall ensure
 1727  that all transfers of exemption or credit are made in accordance
 1728  with this subsection and shall have the authority to adopt rules
 1729  to ensure the implementation of this section.
 1730         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1731  Payment for the admission tax, tax on handle, and the breaks tax
 1732  imposed by this section shall be paid to the division. The
 1733  division shall deposit these sums with the Chief Financial
 1734  Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
 1735  hereby established. The permitholder shall remit to the division
 1736  payment for the daily license fee, the admission tax, the tax on
 1737  handle, and the breaks tax. Such payments shall be remitted by 3
 1738  p.m. Wednesday of each week for taxes imposed and collected for
 1739  the preceding week ending on Sunday. Beginning on July 1, 2012,
 1740  such payments shall be remitted by 3 p.m. on the 5th day of each
 1741  calendar month for taxes imposed and collected for the preceding
 1742  calendar month. If the 5th day of the calendar month falls on a
 1743  weekend, payments shall be remitted by 3 p.m. the first Monday
 1744  following the weekend. Permitholders shall file a report under
 1745  oath by the 5th day of each calendar month for all taxes
 1746  remitted during the preceding calendar month. Such payments
 1747  shall be accompanied by a report under oath showing the total of
 1748  all admissions, the pari-mutuel wagering activities for the
 1749  preceding calendar month, and such other information as may be
 1750  prescribed by the division.
 1751         (6) PENALTIES.—
 1752         (a) The failure of any permitholder to make payments as
 1753  prescribed in subsection (5) is a violation of this section, and
 1754  the permitholder may be subjected by the division to a civil
 1755  penalty of up to $1,000 for each day the tax payment is not
 1756  remitted. All penalties imposed and collected shall be deposited
 1757  in the General Revenue Fund. If a permitholder fails to pay
 1758  penalties imposed by order of the division under this
 1759  subsection, the division may suspend or revoke the license of
 1760  the permitholder, cancel the permit of the permitholder, or deny
 1761  issuance of any further license or permit to the permitholder.
 1762         (b) In addition to the civil penalty prescribed in
 1763  paragraph (a), any willful or wanton failure by any permitholder
 1764  to make payments of the daily license fee, admission tax, tax on
 1765  handle, or breaks tax constitutes sufficient grounds for the
 1766  division to suspend or revoke the license of the permitholder,
 1767  to cancel the permit of the permitholder, or to deny issuance of
 1768  any further license or permit to the permitholder.
 1769         Section 8. Paragraph (e) of subsection (2) and paragraph
 1770  (b) of subsection (3) of section 550.09511, Florida Statutes,
 1771  are amended to read:
 1772         550.09511 Jai alai taxes; abandoned interest in a permit
 1773  for nonpayment of taxes.—
 1774         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1775  wagering on live jai alai performances shall be subject to the
 1776  following taxes:
 1777         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1778  and (d) shall be calculated and commence beginning the day after
 1779  the biweekly period in which the permitholder is first entitled
 1780  to the reduced rate specified in this section and the report of
 1781  taxes required by s. 550.0951(5) is submitted to the division.
 1782         (3)
 1783         (b) The payment of taxes pursuant to paragraph (a) shall be
 1784  calculated and commence beginning the day after the biweekly
 1785  period in which the permitholder is first entitled to the
 1786  reduced rate specified in this subsection.
 1787         Section 9. Subsection (1) of section 550.09514, Florida
 1788  Statutes, is amended to read:
 1789         550.09514 Greyhound dogracing taxes; purse requirements.—
 1790         (1) Wagering on greyhound racing is subject to a tax on
 1791  handle for live greyhound racing as specified in s. 550.0951(3).
 1792  However, each permitholder shall pay no tax on handle until such
 1793  time as this subsection has resulted in a tax savings per state
 1794  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1795  the tax as specified in s. 550.0951(3) on all handle for the
 1796  remainder of the permitholder’s current race meet, and the tax
 1797  must be calculated and commence beginning the day after the
 1798  biweekly period in which the permitholder reaches the maximum
 1799  tax savings per state fiscal year provided in this section. For
 1800  the three permitholders that conducted a full schedule of live
 1801  racing in 1995, and are closest to another state that authorizes
 1802  greyhound pari-mutuel wagering, the maximum tax savings per
 1803  state fiscal year shall be $500,000. The provisions of this
 1804  subsection relating to tax exemptions shall not apply to any
 1805  charity or scholarship performances conducted pursuant to s.
 1806  550.0351.
 1807         Section 10. Subsections (1), (2), (5), (6), and (10) of
 1808  section 550.105, Florida Statutes, are amended to read:
 1809         550.105 Occupational licenses of racetrack employees; fees;
 1810  denial, suspension, and revocation of license; penalties and
 1811  fines.—
 1812         (1) Each person connected with a racetrack or jai alai
 1813  fronton, as specified in paragraph (2)(a), shall purchase from
 1814  the division an annual occupational license, which license is
 1815  valid from May 1 until June 30 of the following year. All moneys
 1816  collected pursuant to this section each fiscal year shall be
 1817  deposited into the Pari-mutuel Wagering Trust Fund. Any person
 1818  may, at her or his option and Pursuant to the rules adopted by
 1819  the division, purchase an occupational license may be valid for
 1820  a period of up to 3 years for a fee that does not exceed if the
 1821  purchaser of the license pays the full occupational license fee
 1822  for each of the years for which the license is purchased at the
 1823  time the 3-year license is requested. The occupational license
 1824  shall be valid during its specified term at any pari-mutuel
 1825  facility.
 1826         (2)(a) The following licenses shall be issued to persons or
 1827  entities with access to the backside, racing animals, jai alai
 1828  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1829  the mutuels, or money room, or to persons who, by virtue of the
 1830  position they hold, might be granted access to these areas or to
 1831  any other person or entity in one of the following categories
 1832  and with scheduled annual fees not to exceed the following
 1833  amounts for any 12-month period as follows:
 1834         1. Business licenses: any business such as a vendor,
 1835  contractual concessionaire, contract kennel, business owning
 1836  racing animals, trust or estate, totalisator company, stable
 1837  name, or other fictitious name: $50.
 1838         2. Professional occupational licenses: professional persons
 1839  with access to the backside of a racetrack or players’ quarters
 1840  in jai alai such as trainers, officials, veterinarians, doctors,
 1841  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
 1842  players, owners, trustees, or any management or officer or
 1843  director or shareholder or any other professional-level person
 1844  who might have access to the jockeys’ room, the drivers’ room,
 1845  the backside, racing animals, kennel compound, or managers or
 1846  supervisors requiring access to mutuels machines, the money
 1847  room, or totalisator equipment: $40.
 1848         3. General occupational licenses: general employees with
 1849  access to the jockeys’ room, the drivers’ room, racing animals,
 1850  the backside of a racetrack or players’ quarters in jai alai,
 1851  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1852  makers, or ball boys, or a practitioner of any other occupation
 1853  who would have access to the animals, the backside, or the
 1854  kennel compound, or who would provide the security or
 1855  maintenance of these areas, or mutuel employees, totalisator
 1856  employees, money-room employees, or any employee with access to
 1857  mutuels machines, the money room, or totalisator equipment or
 1858  who would provide the security or maintenance of these areas:
 1859  $10.
 1860  
 1861  The individuals and entities that are licensed under this
 1862  paragraph require heightened state scrutiny, including the
 1863  submission by the individual licensees or persons associated
 1864  with the entities described in this chapter of fingerprints for
 1865  a Federal Bureau of Investigation criminal records check.
 1866         (b) The division shall adopt rules pertaining to pari
 1867  mutuel occupational licenses, licensing periods, and renewal
 1868  cycles.
 1869         (5)(a) The division may:
 1870         1. Deny a license to or revoke, suspend, or place
 1871  conditions upon or restrictions on a license of any person who
 1872  has been refused a license by any other state racing commission
 1873  or racing authority;
 1874         2. Deny, suspend, or place conditions on a license of any
 1875  person who is under suspension or has unpaid fines in another
 1876  jurisdiction; if the state racing commission or racing authority
 1877  of such other state or jurisdiction extends to the division
 1878  reciprocal courtesy to maintain the disciplinary control.
 1879         (b) The division may deny, suspend, revoke, or declare
 1880  ineligible any occupational license if the applicant for or
 1881  holder thereof has violated the provisions of this chapter or
 1882  the rules of the division governing the conduct of persons
 1883  connected with racetracks and frontons. In addition, the
 1884  division may deny, suspend, revoke, or declare ineligible any
 1885  occupational license if the applicant for such license has been
 1886  convicted in this state, in any other state, or under the laws
 1887  of the United States of a capital felony, a felony, or an
 1888  offense in any other state which would be a felony under the
 1889  laws of this state involving arson; trafficking in, conspiracy
 1890  to traffic in, smuggling, importing, conspiracy to smuggle or
 1891  import, or delivery, sale, or distribution of a controlled
 1892  substance; or a crime involving a lack of good moral character,
 1893  or has had a pari-mutuel license revoked by this state or any
 1894  other jurisdiction for an offense related to pari-mutuel
 1895  wagering.
 1896         (c) The division may deny, declare ineligible, or revoke
 1897  any occupational license if the applicant for such license has
 1898  been convicted of a felony or misdemeanor in this state, in any
 1899  other state, or under the laws of the United States, if such
 1900  felony or misdemeanor is related to gambling or bookmaking, as
 1901  contemplated in s. 849.25, or involves cruelty to animals. If
 1902  the applicant establishes that she or he is of good moral
 1903  character, that she or he has been rehabilitated, and that the
 1904  crime she or he was convicted of is not related to pari-mutuel
 1905  wagering and is not a capital offense, the restrictions
 1906  excluding offenders may be waived by the director of the
 1907  division.
 1908         (d) For purposes of this subsection, the term “convicted”
 1909  means having been found guilty, with or without adjudication of
 1910  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1911  a plea of guilty or nolo contendere. However, the term
 1912  “conviction” shall not be applied to a crime committed prior to
 1913  the effective date of this subsection in a manner that would
 1914  invalidate any occupational license issued prior to the
 1915  effective date of this subsection or subsequent renewal for any
 1916  person holding such a license.
 1917         (e)(d) If an occupational license will expire by division
 1918  rule during the period of a suspension the division intends to
 1919  impose, or if a license would have expired but for pending
 1920  administrative charges and the occupational licensee is found to
 1921  be in violation of any of the charges, the license may be
 1922  revoked and a time period of license ineligibility may be
 1923  declared. The division may bring administrative charges against
 1924  any person not holding a current license for violations of
 1925  statutes or rules which occurred while such person held an
 1926  occupational license, and the division may declare such person
 1927  ineligible to hold a license for a period of time. The division
 1928  may impose a civil fine of up to $1,000 for each violation of
 1929  the rules of the division in addition to or in lieu of any other
 1930  penalty provided for in this section. In addition to any other
 1931  penalty provided by law, the division may exclude from all pari
 1932  mutuel facilities in this state, for a period not to exceed the
 1933  period of suspension, revocation, or ineligibility, any person
 1934  whose occupational license application has been denied by the
 1935  division, who has been declared ineligible to hold an
 1936  occupational license, or whose occupational license has been
 1937  suspended or revoked by the division.
 1938         (f)(e) The division may cancel any occupational license
 1939  that has been voluntarily relinquished by the licensee.
 1940         (6) In order to promote the orderly presentation of pari
 1941  mutuel meets authorized in this chapter, the division may issue
 1942  a temporary occupational license. The division shall adopt rules
 1943  to implement this subsection. However, no temporary occupational
 1944  license shall be valid for more than 90 30 days, and no more
 1945  than one temporary license may be issued for any person in any
 1946  year.
 1947         (10)(a) Upon application for an occupational license, the
 1948  division may require the applicant’s full legal name; any
 1949  nickname, alias, or maiden name for the applicant; name of the
 1950  applicant’s spouse; the applicant’s date of birth, residence
 1951  address, mailing address, residence address and business phone
 1952  number, and social security number; disclosure of any felony or
 1953  any conviction involving bookmaking, illegal gambling, or
 1954  cruelty to animals; disclosure of any past or present
 1955  enforcement or actions by any racing or gaming agency against
 1956  the applicant; and any information the division determines is
 1957  necessary to establish the identity of the applicant or to
 1958  establish that the applicant is of good moral character.
 1959  Fingerprints shall be taken in a manner approved by the division
 1960  and then shall be submitted to the Federal Bureau of
 1961  Investigation, or to the association of state officials
 1962  regulating pari-mutuel wagering pursuant to the Federal Pari
 1963  mutuel Licensing Simplification Act of 1988. The cost of
 1964  processing fingerprints shall be borne by the applicant and paid
 1965  to the association of state officials regulating pari-mutuel
 1966  wagering from the trust fund to which the processing fees are
 1967  deposited. The division shall require each applicant for an
 1968  occupational license to have the applicant’s signature witnessed
 1969  and notarized or signed in the presence of a division official.
 1970  The division, by rule, may require additional information from
 1971  licensees which is reasonably necessary to regulate the
 1972  industry. The division may, by rule, exempt certain occupations
 1973  or groups of persons from the fingerprinting requirements.
 1974         (b) All fingerprints required by this section that are
 1975  submitted to the Department of Law Enforcement shall be retained
 1976  by the Department of Law Enforcement and entered into the
 1977  statewide automated fingerprint identification system as
 1978  authorized by s. 943.05(2)(b) and shall be available for all
 1979  purposes and uses authorized for arrest fingerprint cards
 1980  entered into the statewide automated fingerprint identification
 1981  system pursuant to s. 943.051.
 1982         (c) The Department of Law Enforcement shall search all
 1983  arrest fingerprints received pursuant to s. 943.051 against the
 1984  fingerprints retained in the statewide automated fingerprint
 1985  identification system under paragraph (b). Any arrest record
 1986  that is identified with the retained fingerprints of a person
 1987  subject to the criminal history screening requirements of this
 1988  section shall be reported to the division. Each licensee shall
 1989  pay a fee to the division for the cost of retention of the
 1990  fingerprints and the ongoing searches under this paragraph. The
 1991  division shall forward the payment to the Department of Law
 1992  Enforcement. The amount of the fee to be imposed for performing
 1993  these searches and the procedures for the retention of licensee
 1994  fingerprints shall be as established by rule of the Department
 1995  of Law Enforcement. The division shall inform the Department of
 1996  Law Enforcement of any change in the license status of licensees
 1997  whose fingerprints are retained under paragraph (b).
 1998         (d) The division shall request the Department of Law
 1999  Enforcement to forward the fingerprints to the Federal Bureau of
 2000  Investigation for a national criminal history records check at
 2001  least once every 5 years following issuance of a license. If the
 2002  fingerprints of a person who is licensed have not been retained
 2003  by the Department of Law Enforcement, the person must file a
 2004  complete set of fingerprints as provided in paragraph (a). The
 2005  division shall collect the fees for the cost of the national
 2006  criminal history record check under this paragraph and forward
 2007  the payment to the Department of Law Enforcement. The cost of
 2008  processing fingerprints and conducting a criminal history record
 2009  check under this paragraph for a general occupational license
 2010  shall be borne by the applicant. The cost of processing
 2011  fingerprints and conducting a criminal history record check
 2012  under this paragraph for a business or professional occupational
 2013  license shall be borne by the person being checked. The
 2014  Department of Law Enforcement may invoice the division for the
 2015  fingerprints submitted each month. Under penalty of perjury,
 2016  each person who is licensed or who is fingerprinted as required
 2017  by this section must agree to inform the division within 48
 2018  hours if he or she is convicted of or has entered a plea of
 2019  guilty or nolo contendere to any disqualifying offense,
 2020  regardless of adjudication.
 2021         Section 11. Subsection (6) of section 550.2415, Florida
 2022  Statutes, is amended to read:
 2023         550.2415 Racing of animals under certain conditions
 2024  prohibited; penalties; exceptions.—
 2025         (6)(a) It is the intent of the Legislature that animals
 2026  that participate in races in this state on which pari-mutuel
 2027  wagering is conducted and animals that are bred and trained in
 2028  this state for racing be treated humanely, both on and off
 2029  racetracks, throughout the lives of the animals.
 2030         (b) The division shall, by rule, establish the procedures
 2031  for euthanizing greyhounds. However, a greyhound may not be put
 2032  to death by any means other than by lethal injection of the drug
 2033  sodium pentobarbital. A greyhound may not be removed from this
 2034  state for the purpose of being destroyed.
 2035         (c) It is a violation of this chapter for an occupational
 2036  licensee to train a greyhound using live or dead animals. A
 2037  greyhound may not be taken from this state for the purpose of
 2038  being trained through the use of live or dead animals.
 2039         (d) Any act committed by any licensee that would constitute
 2040  A conviction of cruelty to animals as defined in s. 828.02
 2041  pursuant to s. 828.12 involving any a racing animal constitutes
 2042  a violation of this chapter. Imposition of any penalty by the
 2043  division for violation of this chapter or any rule adopted by
 2044  the division pursuant to this chapter shall not prohibit a
 2045  criminal prosecution for cruelty to animals.
 2046         (e) The division may inspect any area at a pari-mutuel
 2047  facility where racing animals are raced, trained, housed, or
 2048  maintained, including any areas where food, medications, or
 2049  other supplies are kept, to ensure the humane treatment of
 2050  racing animals and compliance with this chapter and the rules of
 2051  the division.
 2052         Section 12. Subsection (5) is added to section 550.26165,
 2053  Florida Statutes, to read:
 2054         550.26165 Breeders’ awards.—
 2055         (5)(a) The awards programs in this chapter, which are
 2056  intended to encourage thoroughbred breeding and training
 2057  operations to locate in this state, must be responsive to
 2058  rapidly changing incentive programs in other states. To attract
 2059  such operations, it is appropriate to provide greater
 2060  flexibility to thoroughbred industry participants in this state
 2061  so that they may design competitive awards programs.
 2062         (b) Notwithstanding any other provision of law to the
 2063  contrary, the Florida Thoroughbred Breeders’ Association, as
 2064  part of its annual plan, may:
 2065         1. Pay breeders’ awards on horses finishing in first,
 2066  second, or third place in thoroughbred horse races; pay
 2067  breeders’ awards that are greater than 20 percent and less than
 2068  15 percent of the announced gross purse; and vary the rates for
 2069  breeders’ awards, based upon the place of finish, class of race,
 2070  state or country in which the race took place, and the state in
 2071  which the stallion siring the horse was standing when the horse
 2072  was conceived;
 2073         2. Pay stallion awards on horses finishing in first,
 2074  second, or third place in thoroughbred horse races; pay stallion
 2075  awards that are greater than 20 percent and less than 15 percent
 2076  of the announced gross purse; reduce or eliminate stallion
 2077  awards to enhance breeders’ awards or awards under subparagraph
 2078  3; and vary the rates for stallion awards, based upon the place
 2079  of finish, class of race, and state or country in which the race
 2080  took place; and
 2081         3. Pay awards from the funds dedicated for breeders’ awards
 2082  and stallion awards to owners of registered Florida-bred horses
 2083  finishing in first, second, or third place in thoroughbred horse
 2084  races in this state, without regard to any awards paid pursuant
 2085  to s. 550.2625(6).
 2086         (c) Breeders’ awards or stallion awards under this chapter
 2087  may not be paid on thoroughbred horse races taking place in
 2088  other states or countries unless agreed to in writing by all
 2089  thoroughbred permitholders in this state, the Florida
 2090  Thoroughbred Breeders’ Association, and the Florida Horsemen’s
 2091  Benevolent and Protective Association, Inc.
 2092         Section 13. Paragraph (e) is added to subsection (6) of
 2093  section 550.2625, Florida Statutes, to read:
 2094         550.2625 Horseracing; minimum purse requirement, Florida
 2095  breeders’ and owners’ awards.—
 2096         (6)
 2097         (e) This subsection governs owners’ awards paid on
 2098  thoroughbred horse races only in this state, unless a written
 2099  agreement is filed with the division establishing the rate,
 2100  procedures, and eligibility requirements for owners’ awards,
 2101  including place of finish, class of race, maximum purse, and
 2102  maximum award, and the agreement is entered into by the
 2103  permitholder, the Florida Thoroughbred Breeders’ Association,
 2104  and the association representing a majority of the racehorse
 2105  owners and trainers at the permitholder’s location.
 2106         Section 14. Section 550.334, Florida Statutes, is amended
 2107  to read:
 2108         550.334 Quarter horse racing; substitutions.—
 2109         (1) Subject to all the applicable provisions of this
 2110  chapter, any person who possesses the qualifications prescribed
 2111  in this chapter may apply to the division for a permit to
 2112  conduct quarter horse race meetings and racing under this
 2113  chapter. The applicant must demonstrate that the location or
 2114  locations where the permit will be used are available for such
 2115  use and that she or he has the financial ability to satisfy the
 2116  reasonably anticipated operational expenses of the first racing
 2117  year following final issuance of the permit. If the racing
 2118  facility is already built, the application must contain a
 2119  statement, with reasonable supporting evidence, that the permit
 2120  will be used for quarter horse racing within 1 year after the
 2121  date on which it is granted; if the facility is not already
 2122  built, the application must contain a statement, with reasonable
 2123  supporting evidence, that substantial construction will be
 2124  started within 1 year after the issuance of the permit. After
 2125  receipt of an application, the division shall convene to
 2126  consider and act upon permits applied for. The division shall
 2127  disapprove an application if it fails to meet the requirements
 2128  of this chapter. Upon each application filed and approved, a
 2129  permit shall be issued setting forth the name of the applicant
 2130  and a statement showing qualifications of the applicant to
 2131  conduct racing under this chapter. If a favorable referendum on
 2132  a pari-mutuel facility has not been held previously within the
 2133  county, then, before a quarter horse permit may be issued by the
 2134  division, a referendum ratified by a majority of the electors in
 2135  the county is required on the question of allowing quarter horse
 2136  races within that county.
 2137         (2) After a quarter horse racing permit has been granted by
 2138  the division, the department shall grant to the lawful holder of
 2139  such permit, subject to the conditions of this section, a
 2140  license to conduct quarter horse racing under this chapter; and
 2141  the division shall fix annually the time when, place where, and
 2142  number of days upon which racing may be conducted by such
 2143  quarter horse racing permitholder. After the first license has
 2144  been issued to the holder of a permit for quarter horse racing,
 2145  all subsequent annual applications for a license by a
 2146  permitholder must be accompanied by proof, in such form as the
 2147  division requires, that the permitholder still possesses all the
 2148  qualifications prescribed by this chapter. The division may
 2149  revoke any permit or license issued under this section upon the
 2150  willful violation by the licensee of any provision of this
 2151  chapter or any rule adopted by the division under this chapter.
 2152  The division shall revoke any quarter horse permit under which
 2153  no live racing has ever been conducted before July 7, 1990, for
 2154  failure to conduct a horse meet pursuant to the license issued
 2155  where a full schedule of horseracing has not been conducted for
 2156  a period of 18 months commencing on October 1, 1990, unless the
 2157  permitholder has commenced construction on a facility at which a
 2158  full schedule of live racing could be conducted as approved by
 2159  the division. “Commenced construction” means initiation of and
 2160  continuous activities beyond site preparation associated with
 2161  erecting or modifying a horseracing facility, including
 2162  procurement of a building permit applying the use of approved
 2163  construction documents, proof of an executed owner/contractor
 2164  agreement or an irrevocable or binding forced account, and
 2165  actual undertaking of foundation forming with steel installation
 2166  and concrete placing. The 18-month period shall be extended by
 2167  the division, to the extent that the applicant demonstrates to
 2168  the satisfaction of the division that good faith commencement of
 2169  the construction of the facility is being delayed by litigation
 2170  or by governmental action or inaction with respect to
 2171  regulations or permitting precluding commencement of the
 2172  construction of the facility.
 2173         (1)(3) The operator of any licensed racetrack is authorized
 2174  to lease such track to any quarter horse racing permitholder
 2175  located within 35 miles of such track for the conduct of quarter
 2176  horse racing under this chapter. However, a quarter horse
 2177  facility located in a county where a referendum to authorize
 2178  slot machines pursuant to s. 23, Art. X of the State
 2179  Constitution is not subject to the mileage restriction if they
 2180  lease from a licensed racetrack located within a county where a
 2181  referendum was conducted to authorize slot machines pursuant to
 2182  s. 23, Art. X of the State Constitution.
 2183         (2)(4)Section 550.054 is inapplicable to quarter horse
 2184  racing as permitted under this section. All other provisions of
 2185  this chapter, including s. 550.054, apply to, govern, and
 2186  control such racing, and the same must be conducted in
 2187  compliance therewith.
 2188         (3)(5) Quarter horses participating in such races must be
 2189  duly registered by the American Quarter Horse Association, and
 2190  before each race such horses must be examined and declared in
 2191  fit condition by a qualified person designated by the division.
 2192         (4)(6) Any quarter horse racing days permitted under this
 2193  chapter are in addition to any other racing permitted under the
 2194  license issued the track where such quarter horse racing is
 2195  conducted.
 2196         (5)(7)(a) Any quarter horse racing permitholder operating
 2197  under a valid permit issued by the division is authorized to
 2198  substitute races of other breeds of horses, except
 2199  thoroughbreds, which are, respectively, registered with the
 2200  American Paint Horse Association, Appaloosa Horse Club, Arabian
 2201  Horse Registry of America, Palomino Horse Breeders of America,
 2202  or United States Trotting Association, Florida Cracker Horse
 2203  Association, or for no more than 50 percent of the quarter horse
 2204  races daily, and may substitute races of thoroughbreds
 2205  registered with the Jockey Club for no more than 50 percent of
 2206  the quarter horse races during its meet daily with the written
 2207  consent of all greyhound, harness, and thoroughbred
 2208  permitholders whose pari-mutuel facilities are located within 50
 2209  air miles of such quarter horse racing permitholder’s pari
 2210  mutuel facility.
 2211         (b) Any permittee operating within an area of 50 air miles
 2212  of a licensed thoroughbred track may not substitute thoroughbred
 2213  races under this section while a thoroughbred horse race meet is
 2214  in progress within that 50 miles. Any permittee operating within
 2215  an area of 125 air miles of a licensed thoroughbred track may
 2216  not substitute live thoroughbred races under this section while
 2217  a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
 2218  is conducting a thoroughbred meet within that 125 miles. These
 2219  mileage restrictions do not apply to any permittee that holds a
 2220  nonwagering permit issued pursuant to s. 550.505.
 2221         (6)(8)Except as provided in s. 550.3345, a quarter horse
 2222  permit issued pursuant to this section is not eligible for
 2223  transfer or conversion to another type of pari-mutuel operation.
 2224         (7)(9) Any nonprofit corporation, including, but not
 2225  limited to, an agricultural cooperative marketing association,
 2226  organized and incorporated under the laws of this state may
 2227  apply for a quarter horse racing permit and operate racing meets
 2228  under such permit, provided all pari-mutuel taxes and fees
 2229  applicable to such racing are paid by the corporation. However,
 2230  insofar as its pari-mutuel operations are concerned, the
 2231  corporation shall be considered to be a corporation for profit
 2232  and is subject to taxation on all property used and profits
 2233  earned in connection with its pari-mutuel operations.
 2234         (8) To be eligible to conduct intertrack wagering, a
 2235  quarter horse racing permitholder must have conducted a full
 2236  schedule of live racing in the preceding year.
 2237         (10) Intertrack wagering shall not be authorized for any
 2238  quarter horse permitholder without the written consent of all
 2239  greyhound, harness, and thoroughbred permitholders whose pari
 2240  mutuel facilities are located within 50 air miles of such
 2241  quarter horse permitholder’s pari-mutuel facility.
 2242         Section 15. Section 550.3345, Florida Statutes, is created
 2243  to read:
 2244         550.3345 Conversion of quarter horse permit to a limited
 2245  thoroughbred permit.—
 2246         (1) In recognition of the important and long-standing
 2247  economic contribution of the thoroughbred horse breeding
 2248  industry to this state and the state’s vested interest in
 2249  promoting the continued viability of this agricultural activity,
 2250  the state intends to provide a limited opportunity for the
 2251  conduct of live thoroughbred horse racing with the net revenues
 2252  from such racing dedicated to the enhancement of thoroughbred
 2253  purses and breeders’, stallion, and special racing awards under
 2254  this chapter; the general promotion of the thoroughbred horse
 2255  breeding industry; and the care in this state of thoroughbred
 2256  horses retired from racing.
 2257         (2) Notwithstanding any other provision of law, the holder
 2258  of a quarter horse racing permit issued under s. 550.334 may,
 2259  within 1 year after the effective date of this section, apply to
 2260  the division for a transfer of the quarter horse racing permit
 2261  to a not-for-profit corporation formed under state law to serve
 2262  the purposes of the state as provided in subsection (1). The
 2263  board of directors of the not-for-profit corporation must be
 2264  comprised of 11 members, 4 of whom shall be designated by the
 2265  applicant, 4 of whom shall be designated by the Florida
 2266  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2267  designated by the other 8 directors, with at least 1 of these 3
 2268  members being an authorized representative of another
 2269  thoroughbred permitholder in this state. The not-for-profit
 2270  corporation shall submit an application to the division for
 2271  review and approval of the transfer in accordance with s.
 2272  550.054. Upon approval of the transfer by the division, and
 2273  notwithstanding any other provision of law to the contrary, the
 2274  not-for-profit corporation may, within 1 year after its receipt
 2275  of the permit, request that the division convert the quarter
 2276  horse racing permit to a permit authorizing the holder to
 2277  conduct pari-mutuel wagering meets of thoroughbred racing.
 2278  Neither the transfer of the quarter horse racing permit nor its
 2279  conversion to a limited thoroughbred permit shall be subject to
 2280  the mileage limitation or the ratification election as set forth
 2281  under s. 550.054(2) or s. 550.0651. Upon receipt of the request
 2282  for such conversion, the division shall timely issue a converted
 2283  permit. The converted permit and the not-for-profit corporation
 2284  shall be subject to the following requirements:
 2285         (a) All net revenues derived by the not-for-profit
 2286  corporation under the thoroughbred horse racing permit, after
 2287  the funding of operating expenses and capital improvements,
 2288  shall be dedicated to the enhancement of thoroughbred purses and
 2289  breeders’, stallion, and special racing awards under this
 2290  chapter; the general promotion of the thoroughbred horse
 2291  breeding industry; and the care in this state of thoroughbred
 2292  horses retired from racing.
 2293         (b) From December 1 through April 30, no live thoroughbred
 2294  racing may be conducted under the permit on any day during which
 2295  another thoroughbred permitholder is conducting live
 2296  thoroughbred racing within 125 air miles of the not-for-profit
 2297  corporation’s pari-mutuel facility unless the other thoroughbred
 2298  permitholder gives its written consent.
 2299         (c) After the conversion of the quarter horse racing permit
 2300  and the issuance of its initial license to conduct pari-mutuel
 2301  wagering meets of thoroughbred racing, the not-for-profit
 2302  corporation shall annually apply to the division for a license
 2303  pursuant to s. 550.5251(2)-(5).
 2304         (d) Racing under the permit may take place only at the
 2305  location for which the original quarter horse racing permit was
 2306  issued, which may be leased by the not-for-profit corporation
 2307  for that purpose; however, the not-for-profit corporation may,
 2308  without the conduct of any ratification election pursuant to s.
 2309  550.054(13) or s. 550.0651, move the location of the permit to
 2310  another location in the same county provided that such
 2311  relocation is approved under the zoning and land use regulations
 2312  of the applicable county or municipality.
 2313         (e) No permit converted under this section is eligible for
 2314  transfer to another person or entity.
 2315         (3) Unless otherwise provided in this section, after
 2316  conversion, the permit and the not-for-profit corporation shall
 2317  be treated under the laws of this state as a thoroughbred permit
 2318  and as a thoroughbred permitholder, respectively, with the
 2319  exception of s. 550.09515(3).
 2320         Section 16. Section 550.3355, Florida Statutes, is amended
 2321  to read:
 2322         550.3355 Harness track licenses for summer quarter horse
 2323  racing.—Any harness track licensed to operate under the
 2324  provisions of s. 550.375 may make application for, and shall be
 2325  issued by the division, a license to operate not more than 50
 2326  quarter horse racing days during the summer season, which shall
 2327  extend from July June 1 until October September 1 of each year.
 2328  However, this license to operate quarter horse racing for 50
 2329  days is in addition to the racing days and dates provided in s.
 2330  550.375 for harness racing during the winter seasons; and, it
 2331  does not affect the right of such licensee to operate harness
 2332  racing at the track as provided in s. 550.375 during the winter
 2333  season. All provisions of this chapter governing quarter horse
 2334  racing not in conflict herewith apply to the operation of
 2335  quarter horse meetings authorized hereunder, except that all
 2336  quarter horse racing permitted hereunder shall be conducted at
 2337  night.
 2338         Section 17. Section 550.3605, Florida Statutes, is
 2339  repealed.
 2340         Section 18. Section 550.5251, Florida Statutes, is amended
 2341  to read:
 2342         550.5251 Florida thoroughbred racing; certain permits;
 2343  operating days.—
 2344         (1) Each thoroughbred permitholder under whose permit
 2345  thoroughbred racing was conducted in this state at any time
 2346  between January 1, 1987, and January 1, 1988, shall annually be
 2347  entitled to apply for and annually receive thoroughbred racing
 2348  days and dates as set forth in this section. As regards such
 2349  permitholders, the annual thoroughbred racing season shall be
 2350  from June 1 of any year through May 31 of the following year and
 2351  shall be known as the “Florida Thoroughbred Racing Season.”
 2352         (1)(2) Each thoroughbred permitholder referred to in
 2353  subsection (1) shall annually, during the period commencing
 2354  December 15 of each year and ending January 4 of the following
 2355  year, file in writing with the division its application to
 2356  conduct one or more thoroughbred racing meetings during the
 2357  thoroughbred racing season commencing on the following July June
 2358  1. Each application shall specify the number and dates of all
 2359  performances that the permitholder intends to conduct during
 2360  that thoroughbred racing season. On or before March February 15
 2361  of each year, the division shall issue a license authorizing
 2362  each permitholder to conduct performances on the dates specified
 2363  in its application. Up to February 28 March 31 of each year,
 2364  each permitholder may request and shall be granted changes in
 2365  its authorized performances; but thereafter, as a condition
 2366  precedent to the validity of its license and its right to retain
 2367  its permit, each permitholder must operate the full number of
 2368  days authorized on each of the dates set forth in its license.
 2369         (3) Each thoroughbred permit referred to in subsection (1),
 2370  including, but not limited to, any permit originally issued as a
 2371  summer thoroughbred horse racing permit, is hereby validated and
 2372  shall continue in full force and effect.
 2373         (2)(4) A thoroughbred racing permitholder may not begin any
 2374  race later than 7 p.m. Any thoroughbred permitholder in a county
 2375  in which the authority for cardrooms has been approved by the
 2376  board of county commissioners may operate a cardroom and, when
 2377  conducting live races during its current race meet, may receive
 2378  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2379  any day during which the permitholder conducts live races.
 2380         (3)(5)(a) Each licensed thoroughbred permitholder in this
 2381  state must run an average of one race per racing day in which
 2382  horses bred in this state and duly registered with the Florida
 2383  Thoroughbred Breeders’ Association have preference as entries
 2384  over non-Florida-bred horses, unless otherwise agreed to in
 2385  writing by the permitholder, the Florida Thoroughbred Breeders’
 2386  Association, and the association representing a majority of the
 2387  thoroughbred racehorse owners and trainers at that location. All
 2388  licensed thoroughbred racetracks shall write the conditions for
 2389  such races in which Florida-bred horses are preferred so as to
 2390  assure that all Florida-bred horses available for racing at such
 2391  tracks are given full opportunity to run in the class of races
 2392  for which they are qualified. The opportunity of running must be
 2393  afforded to each class of horses in the proportion that the
 2394  number of horses in this class bears to the total number of
 2395  Florida-bred horses available. A track is not required to write
 2396  conditions for a race to accommodate a class of horses for which
 2397  a race would otherwise not be run at the track during its meet
 2398  meeting.
 2399         (b) Each licensed thoroughbred permitholder in this state
 2400  may run one additional race per racing day composed exclusively
 2401  of Arabian horses registered with the Arabian Horse Registry of
 2402  America. Any licensed thoroughbred permitholder that elects to
 2403  run one additional race per racing day composed exclusively of
 2404  Arabian horses registered with the Arabian Horse Registry of
 2405  America is not required to provide stables for the Arabian
 2406  horses racing under this paragraph.
 2407         (c) Each licensed thoroughbred permitholder in this state
 2408  may run up to three additional races per racing day composed
 2409  exclusively of quarter horses registered with the American
 2410  Quarter Horse Association.
 2411         (6) Notwithstanding the provisions of subsection (2), a
 2412  thoroughbred permitholder who fails to operate all performances
 2413  on its 2001-2002 license does not lose its right to retain its
 2414  permit. Such thoroughbred permitholder is eligible for issuance
 2415  of an annual license pursuant to s. 550.0115 for subsequent
 2416  thoroughbred racing seasons. The division shall take no
 2417  disciplinary action against such thoroughbred permitholder for
 2418  failure to operate all licensed performances for the 2001-2002
 2419  license pursuant to this section or s. 550.01215. This section
 2420  may not be interpreted to prohibit the division from taking
 2421  disciplinary action against a thoroughbred permitholder for
 2422  failure to pay taxes on performances operated pursuant to its
 2423  2001-2002 license. This subsection expires July 1, 2003.
 2424         (7) A thoroughbred permitholder shall file an amendment
 2425  with the division no later than July 1, 2002, that indicates
 2426  that it will not be able to operate the performances scheduled
 2427  on its 2002-2003 license without imposition of any penalty for
 2428  failure to operate all licensed performances provided in this
 2429  chapter. This subsection expires July 1, 2003.
 2430         Section 19. Subsections (4) and (7) of section 551.102,
 2431  Florida Statutes, are amended to read:
 2432         551.102 Definitions.—As used in this chapter, the term:
 2433         (4) “Eligible facility” means any licensed pari-mutuel
 2434  facility located in Miami-Dade County or Broward County existing
 2435  at the time of adoption of s. 23, Art. X of the State
 2436  Constitution that has conducted live racing or games during
 2437  calendar years 2002 and 2003 and has been approved by a majority
 2438  of voters in a countywide referendum to have slot machines at
 2439  such facility in the respective county; any licensed pari-mutuel
 2440  facility located within a county as defined in s. 125.011,
 2441  provided such facility has conducted live racing for 2
 2442  consecutive calendar years immediately preceding its application
 2443  for a slot machine license, pays the required license fee, and
 2444  meets the other requirements of this chapter; or any licensed
 2445  pari-mutuel facility in any other county in which a majority of
 2446  voters have approved slot machines at such facilities in a
 2447  countywide referendum held pursuant to a statutory or
 2448  constitutional authorization after the effective date of this
 2449  section in the respective county, provided such facility has
 2450  conducted a full schedule of live racing for 2 consecutive
 2451  calendar years immediately preceding its application for a slot
 2452  machine license, pays the required licensed fee, and meets the
 2453  other requirements of this chapter.
 2454         (7) “Progressive system” means a computerized system
 2455  linking slot machines in one or more licensed facilities within
 2456  this state or other jurisdictions and offering one or more
 2457  common progressive payouts based on the amounts wagered.
 2458         Section 20. Paragraph (j) of subsection (4) and paragraph
 2459  (a) of subsection (10) of section 551.104, Florida Statutes, are
 2460  amended to read:
 2461         551.104 License to conduct slot machine gaming.—
 2462         (4) As a condition of licensure and to maintain continued
 2463  authority for the conduct of slot machine gaming, the slot
 2464  machine licensee shall:
 2465         (j) Ensure that the payout percentage of a slot machine
 2466  gaming facility is at least no less than 85 percent.
 2467         (10)(a)1. No slot machine license or renewal thereof shall
 2468  be issued to an applicant holding a permit under chapter 550 to
 2469  conduct pari-mutuel wagering meets of thoroughbred racing unless
 2470  the applicant has on file with the division a binding written
 2471  agreement between the applicant and the Florida Horsemen’s
 2472  Benevolent and Protective Association, Inc., governing the
 2473  payment of purses on live thoroughbred races conducted at the
 2474  licensee’s pari-mutuel facility. In addition, no slot machine
 2475  license or renewal thereof shall be issued to such an applicant
 2476  unless the applicant has on file with the division a binding
 2477  written agreement between the applicant and the Florida
 2478  Thoroughbred Breeders’ Association, Inc., governing the payment
 2479  of breeders’, stallion, and special racing awards on live
 2480  thoroughbred races conducted at the licensee’s pari-mutuel
 2481  facility. The agreement governing purses and the agreement
 2482  governing awards may direct the payment of such purses and
 2483  awards from revenues generated by any wagering or gaming the
 2484  applicant is authorized to conduct under Florida law. All purses
 2485  and awards shall be subject to the terms of chapter 550. All
 2486  sums for breeders’, stallion, and special racing awards shall be
 2487  remitted monthly to the Florida Thoroughbred Breeders’
 2488  Association, Inc., for the payment of awards subject to the
 2489  administrative fee authorized in s. 550.2625(3).
 2490         2. No slot machine license or renewal thereof shall be
 2491  issued to an applicant holding a permit under chapter 550 to
 2492  conduct pari-mutuel wagering meets of quarter horse racing
 2493  unless the applicant has on file with the division a binding
 2494  written agreement between the applicant and the Florida Quarter
 2495  Horse Racing Association or the association representing a
 2496  majority of the horse owners and trainers at the applicants
 2497  eligible facility, governing the payment of purses on live
 2498  quarter horse races conducted at the licensee’s pari-mutuel
 2499  facility. The agreement governing purses may direct the payment
 2500  of such purses from revenues generated by any wagering or gaming
 2501  the applicant is authorized to conduct under Florida law. All
 2502  purses shall be subject to the terms of chapter 550.
 2503         (b) The division shall suspend a slot machine license if
 2504  one or more of the agreements required under paragraph (a) are
 2505  terminated or otherwise cease to operate or if the division
 2506  determines that the licensee is materially failing to comply
 2507  with the terms of such an agreement. Any such suspension shall
 2508  take place in accordance with chapter 120.
 2509         (c)1. If an agreement required under paragraph (a) cannot
 2510  be reached prior to the initial issuance of the slot machine
 2511  license, either party may request arbitration or, in the case of
 2512  a renewal, if an agreement required under paragraph (a) is not
 2513  in place 120 days prior to the scheduled expiration date of the
 2514  slot machine license, the applicant shall immediately ask the
 2515  American Arbitration Association to furnish a list of 11
 2516  arbitrators, each of whom shall have at least 5 years of
 2517  commercial arbitration experience and no financial interest in
 2518  or prior relationship with any of the parties or their
 2519  affiliated or related entities or principals. Each required
 2520  party to the agreement shall select a single arbitrator from the
 2521  list provided by the American Arbitration Association within 10
 2522  days of receipt, and the individuals so selected shall choose
 2523  one additional arbitrator from the list within the next 10 days.
 2524         2. If an agreement required under paragraph (a) is not in
 2525  place 60 days after the request under subparagraph 1. in the
 2526  case of an initial slot machine license or, in the case of a
 2527  renewal, 60 days prior to the scheduled expiration date of the
 2528  slot machine license, the matter shall be immediately submitted
 2529  to mandatory binding arbitration to resolve the disagreement
 2530  between the parties. The three arbitrators selected pursuant to
 2531  subparagraph 1. shall constitute the panel that shall arbitrate
 2532  the dispute between the parties pursuant to the American
 2533  Arbitration Association Commercial Arbitration Rules and chapter
 2534  682.
 2535         3. At the conclusion of the proceedings, which shall be no
 2536  later than 90 days after the request under subparagraph 1. in
 2537  the case of an initial slot machine license or, in the case of a
 2538  renewal, 30 days prior to the scheduled expiration date of the
 2539  slot machine license, the arbitration panel shall present to the
 2540  parties a proposed agreement that the majority of the panel
 2541  believes equitably balances the rights, interests, obligations,
 2542  and reasonable expectations of the parties. The parties shall
 2543  immediately enter into such agreement, which shall satisfy the
 2544  requirements of paragraph (a) and permit issuance of the pending
 2545  annual slot machine license or renewal. The agreement produced
 2546  by the arbitration panel under this subparagraph shall be
 2547  effective until the last day of the license or renewal period or
 2548  until the parties enter into a different agreement. Each party
 2549  shall pay its respective costs of arbitration and shall pay one
 2550  half of the costs of the arbitration panel, unless the parties
 2551  otherwise agree. If the agreement produced by the arbitration
 2552  panel under this subparagraph remains in place 120 days prior to
 2553  the scheduled issuance of the next annual license renewal, then
 2554  the arbitration process established in this paragraph will begin
 2555  again.
 2556         4. In the event that neither of the agreements required
 2557  under subparagraph (a)1. or the agreement required under
 2558  subparagraph (a)2. paragraph (a) are in place by the deadlines
 2559  established in this paragraph, arbitration regarding each
 2560  agreement will proceed independently, with separate lists of
 2561  arbitrators, arbitration panels, arbitration proceedings, and
 2562  resulting agreements.
 2563         5. With respect to the agreements agreement required under
 2564  paragraph (a) governing the payment of purses, the arbitration
 2565  and resulting agreement called for under this paragraph shall be
 2566  limited to the payment of purses from slot machine revenues
 2567  only.
 2568         (d) If any provision of this subsection or its application
 2569  to any person or circumstance is held invalid, the invalidity
 2570  does not affect other provisions or applications of this
 2571  subsection or chapter which can be given effect without the
 2572  invalid provision or application, and to this end the provisions
 2573  of this subsection are severable.
 2574         Section 21. Paragraph (a) of subsection (1), paragraph (a)
 2575  of subsection (2), and subsection (3) of section 551.106,
 2576  Florida Statutes, are amended to read:
 2577         551.106 License fee; tax rate; penalties.—
 2578         (1) LICENSE FEE.—
 2579         (a) Upon submission of the initial application for a slot
 2580  machine license and annually thereafter, on the anniversary date
 2581  of the issuance of the initial license, the licensee must pay to
 2582  the division a nonrefundable license fee of $3 million for the
 2583  succeeding 12 months of licensure. In the 2010-2011 fiscal year,
 2584  the licensee must pay the division a nonrefundable license fee
 2585  of $2.5 million for the succeeding 12 months of licensure. In
 2586  the 2011-2012 fiscal year and for every fiscal year thereafter,
 2587  the licensee must pay the division a nonrefundable license fee
 2588  of $2 million for the succeeding 12 months of licensure. The
 2589  license fee shall be deposited into the Pari-mutuel Wagering
 2590  Trust Fund of the Department of Business and Professional
 2591  Regulation to be used by the division and the Department of Law
 2592  Enforcement for investigations, regulation of slot machine
 2593  gaming, and enforcement of slot machine gaming provisions under
 2594  this chapter. These payments shall be accounted for separately
 2595  from taxes or fees paid pursuant to the provisions of chapter
 2596  550.
 2597         (2) TAX ON SLOT MACHINE REVENUES.—
 2598         (a) The tax rate on slot machine revenues at each facility
 2599  shall be 35 50 percent. If, during any state fiscal year, the
 2600  aggregate amount of tax paid to the state by all slot machine
 2601  licensees in Broward and Miami-Dade Counties is less than the
 2602  aggregate amount of tax paid to the state by all slot machine
 2603  licensees in the 2008-2009 fiscal year, each slot machine
 2604  licensee shall pay to the state within 45 days after the end of
 2605  the state fiscal year a surcharge equal to its pro rata share of
 2606  an amount equal to the difference between the aggregate amount
 2607  of tax paid to the state by all slot machine licensees in the
 2608  2008-2009 fiscal year and the amount of tax paid during the
 2609  fiscal year. Each licensee’s pro rata share shall be an amount
 2610  determined by dividing the number 1 by the number of facilities
 2611  licensed to operate slot machines during the applicable fiscal
 2612  year, regardless of whether the facility is operating such
 2613  machines.
 2614         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 2615  on slot machine revenues imposed by this section shall be paid
 2616  to the division. The division shall deposit these sums with the
 2617  Chief Financial Officer, to the credit of the Pari-mutuel
 2618  Wagering Trust Fund. The slot machine licensee shall remit to
 2619  the division payment for the tax on slot machine revenues. Such
 2620  payments shall be remitted by 3 p.m. Wednesday of each week for
 2621  taxes imposed and collected for the preceding week ending on
 2622  Sunday. Beginning on July 1, 2012, the slot machine licensee
 2623  shall remit to the division payment for the tax on slot machine
 2624  revenues by 3 p.m. on the 5th day of each calendar month for
 2625  taxes imposed and collected for the preceding calendar month. If
 2626  the 5th day of the calendar month falls on a weekend, payments
 2627  shall be remitted by 3 p.m. the first Monday following the
 2628  weekend. The slot machine licensee shall file a report under
 2629  oath by the 5th day of each calendar month for all taxes
 2630  remitted during the preceding calendar month. Such payments
 2631  shall be accompanied by a report under oath showing all slot
 2632  machine gaming activities for the preceding calendar month and
 2633  such other information as may be prescribed by the division.
 2634         Section 22. Subsection (5) of section 551.121, Florida
 2635  Statutes, is amended to read:
 2636         551.121 Prohibited activities and devices; exceptions.—
 2637         (5) A slot machine, or the computer operating system
 2638  linking the slot machine, may be linked by any means to any
 2639  other slot machine or computer operating system within the
 2640  facility of a slot machine licensee. A progressive system may
 2641  not be used in conjunction with slot machines between licensed
 2642  facilities in Florida or in other jurisdictions.
 2643         Section 23. Paragraph (a) of subsection (1) and paragraph
 2644  (a) of subsection (2) and of section 772.102, Florida Statutes,
 2645  are amended to read:
 2646         772.102 Definitions.—As used in this chapter, the term:
 2647         (1) “Criminal activity” means to commit, to attempt to
 2648  commit, to conspire to commit, or to solicit, coerce, or
 2649  intimidate another person to commit:
 2650         (a) Any crime that is chargeable by indictment or
 2651  information under the following provisions:
 2652         1. Section 210.18, relating to evasion of payment of
 2653  cigarette taxes.
 2654         2. Section 414.39, relating to public assistance fraud.
 2655         3. Section 440.105 or s. 440.106, relating to workers’
 2656  compensation.
 2657         4. Part IV of chapter 501, relating to telemarketing.
 2658         5. Chapter 517, relating to securities transactions.
 2659         6. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2660  relating to dogracing and horseracing.
 2661         7. Chapter 550, relating to jai alai frontons.
 2662         8. Chapter 552, relating to the manufacture, distribution,
 2663  and use of explosives.
 2664         9. Chapter 562, relating to beverage law enforcement.
 2665         10. Section 624.401, relating to transacting insurance
 2666  without a certificate of authority, s. 624.437(4)(c)1., relating
 2667  to operating an unauthorized multiple-employer welfare
 2668  arrangement, or s. 626.902(1)(b), relating to representing or
 2669  aiding an unauthorized insurer.
 2670         11. Chapter 687, relating to interest and usurious
 2671  practices.
 2672         12. Section 721.08, s. 721.09, or s. 721.13, relating to
 2673  real estate timeshare plans.
 2674         13. Chapter 782, relating to homicide.
 2675         14. Chapter 784, relating to assault and battery.
 2676         15. Chapter 787, relating to kidnapping or human
 2677  trafficking.
 2678         16. Chapter 790, relating to weapons and firearms.
 2679         17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
 2680  796.07, relating to prostitution.
 2681         18. Chapter 806, relating to arson.
 2682         19. Section 810.02(2)(c), relating to specified burglary of
 2683  a dwelling or structure.
 2684         20. Chapter 812, relating to theft, robbery, and related
 2685  crimes.
 2686         21. Chapter 815, relating to computer-related crimes.
 2687         22. Chapter 817, relating to fraudulent practices, false
 2688  pretenses, fraud generally, and credit card crimes.
 2689         23. Section 827.071, relating to commercial sexual
 2690  exploitation of children.
 2691         24. Chapter 831, relating to forgery and counterfeiting.
 2692         25. Chapter 832, relating to issuance of worthless checks
 2693  and drafts.
 2694         26. Section 836.05, relating to extortion.
 2695         27. Chapter 837, relating to perjury.
 2696         28. Chapter 838, relating to bribery and misuse of public
 2697  office.
 2698         29. Chapter 843, relating to obstruction of justice.
 2699         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2700  s. 847.07, relating to obscene literature and profanity.
 2701         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2702  849.25, relating to gambling.
 2703         32. Chapter 893, relating to drug abuse prevention and
 2704  control.
 2705         33. Section 914.22 or s. 914.23, relating to witnesses,
 2706  victims, or informants.
 2707         34. Section 918.12 or s. 918.13, relating to tampering with
 2708  jurors and evidence.
 2709         (2) “Unlawful debt” means any money or other thing of value
 2710  constituting principal or interest of a debt that is legally
 2711  unenforceable in this state in whole or in part because the debt
 2712  was incurred or contracted:
 2713         (a) In violation of any one of the following provisions of
 2714  law:
 2715         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2716  relating to dogracing and horseracing.
 2717         2. Chapter 550, relating to jai alai frontons.
 2718         3. Section 687.071, relating to criminal usury, loan
 2719  sharking, and shylocking.
 2720         4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2721  849.25, relating to gambling.
 2722         Section 24. Paragraphs (a) and (b) of subsection (5),
 2723  subsection (6), paragraphs (a) and (b) of subsection (7),
 2724  subsection (8), and paragraph (d) of subsection (13) of section
 2725  849.086, Florida Statutes, are amended to read:
 2726         849.086 Cardrooms authorized.—
 2727         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2728  operate a cardroom in this state unless such person holds a
 2729  valid cardroom license issued pursuant to this section.
 2730         (a) Only those persons holding a valid cardroom license
 2731  issued by the division may operate a cardroom. A cardroom
 2732  license may only be issued to a licensed pari-mutuel
 2733  permitholder and an authorized cardroom may only be operated at
 2734  the same facility at which the permitholder is authorized under
 2735  its valid pari-mutuel wagering permit to conduct pari-mutuel
 2736  wagering activities. An initial cardroom license shall be issued
 2737  to a pari-mutuel permitholder only after its facilities are in
 2738  place and after it conducts its first day of live racing or
 2739  games.
 2740         (b) After the initial cardroom license is granted, the
 2741  application for the annual license renewal shall be made in
 2742  conjunction with the applicant’s annual application for its
 2743  pari-mutuel license. If a permitholder has operated a cardroom
 2744  during any of the 3 previous fiscal years and fails to include a
 2745  renewal request for the operation of the cardroom in its annual
 2746  application for license renewal, the permitholder may amend its
 2747  annual application to include operation of the cardroom. In
 2748  order for a cardroom license to be renewed the applicant must
 2749  have requested, as part of its pari-mutuel annual license
 2750  application, to conduct at least 90 percent of the total number
 2751  of live performances conducted by such permitholder during
 2752  either the state fiscal year in which its initial cardroom
 2753  license was issued or the state fiscal year immediately prior
 2754  thereto if the permitholder ran at least a full schedule of live
 2755  racing or games in the prior year. If the application is for a
 2756  harness permitholder cardroom, the applicant must have requested
 2757  authorization to conduct a minimum of 140 live performances
 2758  during the state fiscal year immediately prior thereto. If more
 2759  than one permitholder is operating at a facility, each
 2760  permitholder must have applied for a license to conduct a full
 2761  schedule of live racing.
 2762         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 2763  APPLICATION; FEES.—
 2764         (a) A person employed or otherwise working in a cardroom as
 2765  a cardroom manager, floor supervisor, pit boss, dealer, or any
 2766  other activity related to cardroom operations while the facility
 2767  is conducting card playing or games of dominoes must hold a
 2768  valid cardroom employee occupational license issued by the
 2769  division. Food service, maintenance, and security employees with
 2770  a current pari-mutuel occupational license and a current
 2771  background check will not be required to have a cardroom
 2772  employee occupational license.
 2773         (b) Any cardroom management company or cardroom distributor
 2774  associated with cardroom operations must hold a valid cardroom
 2775  business occupational license issued by the division.
 2776         (c) No licensed cardroom operator may employ or allow to
 2777  work in a cardroom any person unless such person holds a valid
 2778  occupational license. No licensed cardroom operator may
 2779  contract, or otherwise do business with, a business required to
 2780  hold a valid cardroom business occupational license, unless the
 2781  business holds such a valid license.
 2782         (d) The division shall establish, by rule, a schedule for
 2783  the annual renewal of cardroom occupational licenses. Cardroom
 2784  occupational licenses are not transferable.
 2785         (e) Persons seeking cardroom occupational licenses, or
 2786  renewal thereof, shall make application on forms prescribed by
 2787  the division. Applications for cardroom occupational licenses
 2788  shall contain all of the information the division, by rule, may
 2789  determine is required to ensure eligibility.
 2790         (f) The division shall adopt promulgate rules regarding
 2791  cardroom occupational licenses. The provisions specified in s.
 2792  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 2793  shall be applicable to cardroom occupational licenses.
 2794         (g) The division may deny, declare ineligible, or revoke
 2795  any cardroom occupational license if the applicant or holder
 2796  thereof has been found guilty or had adjudication withheld in
 2797  this state or any other state, or under the laws of the United
 2798  States of a felony or misdemeanor involving forgery, larceny,
 2799  extortion, conspiracy to defraud, or filing false reports to a
 2800  government agency, racing or gaming commission or authority.
 2801         (h) Fingerprints for all cardroom occupational license
 2802  applications shall be taken in a manner approved by the division
 2803  and then shall be submitted to the Florida Department of Law
 2804  Enforcement and the Federal Bureau of Investigation for a
 2805  criminal records check upon initial application and at least
 2806  every 5 years thereafter. The division may by rule require an
 2807  annual record check of all renewal applications for a cardroom
 2808  occupational license. The cost of processing fingerprints and
 2809  conducting a record check shall be borne by the applicant.
 2810         (i) The cardroom employee occupational license fee shall
 2811  not exceed be $50 for any 12-month period. The cardroom business
 2812  occupational license fee shall not exceed be $250 for any 12
 2813  month period.
 2814         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2815         (a) A cardroom may be operated only at the location
 2816  specified on the cardroom license issued by the division, and
 2817  such location may only be the location at which the pari-mutuel
 2818  permitholder is authorized to conduct pari-mutuel wagering
 2819  activities pursuant to such permitholder’s valid pari-mutuel
 2820  permit or as otherwise authorized by law. Cardroom operations
 2821  may not be allowed beyond the hours provided in paragraph (b)
 2822  regardless of the number of cardroom licenses issued for
 2823  permitholders operating at the pari-mutuel facility.
 2824         (b) Any cardroom operator horserace, greyhound race, or jai
 2825  alai permitholder licensed under this section may operate a
 2826  cardroom at the pari-mutuel facility daily throughout the year,
 2827  on any day for a cumulative amount of 12 hours if the
 2828  permitholder meets the requirements under paragraph (5)(b). The
 2829  cardroom may be open a cumulative amount of 18 hours per day on
 2830  Monday through Friday and 24 hours per day on Saturday and
 2831  Sunday and on the holidays specified in s. 110.117(1).
 2832         (8) METHOD OF WAGERS; LIMITATION.—
 2833         (a) No wagering may be conducted using money or other
 2834  negotiable currency. Games may only be played utilizing a
 2835  wagering system whereby all players’ money is first converted by
 2836  the house to tokens or chips which shall be used for wagering
 2837  only at that specific cardroom.
 2838         (b) The cardroom operator may limit the amount wagered in
 2839  any game or series of games, but the maximum bet may not exceed
 2840  $5 in value. There may not be more than three raises in any
 2841  round of betting. The fee charged by the cardroom for
 2842  participation in the game shall not be included in the
 2843  calculation of the limitation on the bet amount provided in this
 2844  paragraph. However, a cardroom operator may conduct games of
 2845  Texas Hold-em without a betting limit if the required player
 2846  buy-in is no more than $100.
 2847         (c) A tournament shall consist of a series of games. The
 2848  entry fee for a tournament may be set by the cardroom operator,
 2849  including any re-buys, may not exceed the maximum amount that
 2850  could be wagered by a participant in 10 like-kind, nontournament
 2851  games under paragraph (b). Tournaments may be played only with
 2852  tournament chips that are provided to all participants in
 2853  exchange for an entry fee and any subsequent re-buys. All
 2854  players must receive an equal number of tournament chips for
 2855  their entry fee. Tournament chips have no cash value and
 2856  represent tournament points only. There is no limitation on the
 2857  number of tournament chips that may be used for a bet except as
 2858  otherwise determined by the cardroom operator. Tournament chips
 2859  may never be redeemed for cash or for any other thing of value.
 2860  The distribution of prizes and cash awards must be determined by
 2861  the cardroom operator before entry fees are accepted. For
 2862  purposes of tournament play only, the term “gross receipts”
 2863  means the total amount received by the cardroom operator for all
 2864  entry fees, player re-buys, and fees for participating in the
 2865  tournament less the total amount paid to the winners or others
 2866  as prizes.
 2867         (13) TAXES AND OTHER PAYMENTS.—
 2868         (d)1. Each greyhound and jai alai permitholder that
 2869  operates a cardroom facility shall use at least 4 percent of
 2870  such permitholder’s cardroom monthly gross receipts to
 2871  supplement greyhound purses or jai alai prize money,
 2872  respectively, during the permitholder’s next ensuing pari-mutuel
 2873  meet.
 2874         2. Each thoroughbred and harness horse racing permitholder
 2875  that operates a cardroom facility shall use at least 50 percent
 2876  of such permitholder’s cardroom monthly net proceeds as follows:
 2877  47 percent to supplement purses and 3 percent to supplement
 2878  breeders’ awards during the permitholder’s next ensuing racing
 2879  meet.
 2880         3. No cardroom license or renewal thereof shall be issued
 2881  to an applicant holding a permit under chapter 550 to conduct
 2882  pari-mutuel wagering meets of quarter horse racing unless the
 2883  applicant has on file with the division a binding written
 2884  agreement between the applicant and the Florida Quarter Horse
 2885  Racing Association or the association representing a majority of
 2886  the horse owners and trainers at the applicants eligible
 2887  facility, governing the payment of purses on live quarter horse
 2888  races conducted at the licensee’s pari-mutuel facility. The
 2889  agreement governing purses may direct the payment of such purses
 2890  from revenues generated by any wagering or gaming the applicant
 2891  is authorized to conduct under Florida law. All purses shall be
 2892  subject to the terms of chapter 550.
 2893         Section 25. Paragraph (a) of subsection (1) and paragraph
 2894  (a) of subsection (2) of section 895.02, Florida Statutes, are
 2895  amended to read:
 2896         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 2897         (1) “Racketeering activity” means to commit, to attempt to
 2898  commit, to conspire to commit, or to solicit, coerce, or
 2899  intimidate another person to commit:
 2900         (a) Any crime that is chargeable by petition, indictment,
 2901  or information under the following provisions of the Florida
 2902  Statutes:
 2903         1. Section 210.18, relating to evasion of payment of
 2904  cigarette taxes.
 2905         2. Section 316.1935, relating to fleeing or attempting to
 2906  elude a law enforcement officer and aggravated fleeing or
 2907  eluding.
 2908         3. Section 403.727(3)(b), relating to environmental
 2909  control.
 2910         4. Section 409.920 or s. 409.9201, relating to Medicaid
 2911  fraud.
 2912         5. Section 414.39, relating to public assistance fraud.
 2913         6. Section 440.105 or s. 440.106, relating to workers’
 2914  compensation.
 2915         7. Section 443.071(4), relating to creation of a fictitious
 2916  employer scheme to commit unemployment compensation fraud.
 2917         8. Section 465.0161, relating to distribution of medicinal
 2918  drugs without a permit as an Internet pharmacy.
 2919         9. Section 499.0051, relating to crimes involving
 2920  contraband and adulterated drugs.
 2921         10. Part IV of chapter 501, relating to telemarketing.
 2922         11. Chapter 517, relating to sale of securities and
 2923  investor protection.
 2924         12. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2925  relating to dogracing and horseracing.
 2926         13. Chapter 550, relating to jai alai frontons.
 2927         14. Section 551.109, relating to slot machine gaming.
 2928         15. Chapter 552, relating to the manufacture, distribution,
 2929  and use of explosives.
 2930         16. Chapter 560, relating to money transmitters, if the
 2931  violation is punishable as a felony.
 2932         17. Chapter 562, relating to beverage law enforcement.
 2933         18. Section 624.401, relating to transacting insurance
 2934  without a certificate of authority, s. 624.437(4)(c)1., relating
 2935  to operating an unauthorized multiple-employer welfare
 2936  arrangement, or s. 626.902(1)(b), relating to representing or
 2937  aiding an unauthorized insurer.
 2938         19. Section 655.50, relating to reports of currency
 2939  transactions, when such violation is punishable as a felony.
 2940         20. Chapter 687, relating to interest and usurious
 2941  practices.
 2942         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 2943  real estate timeshare plans.
 2944         22. Section 775.13(5)(b), relating to registration of
 2945  persons found to have committed any offense for the purpose of
 2946  benefiting, promoting, or furthering the interests of a criminal
 2947  gang.
 2948         23. Section 777.03, relating to commission of crimes by
 2949  accessories after the fact.
 2950         24. Chapter 782, relating to homicide.
 2951         25. Chapter 784, relating to assault and battery.
 2952         26. Chapter 787, relating to kidnapping or human
 2953  trafficking.
 2954         27. Chapter 790, relating to weapons and firearms.
 2955         28. Chapter 794, relating to sexual battery, but only if
 2956  such crime was committed with the intent to benefit, promote, or
 2957  further the interests of a criminal gang, or for the purpose of
 2958  increasing a criminal gang member’s own standing or position
 2959  within a criminal gang.
 2960         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
 2961  796.05, or s. 796.07, relating to prostitution and sex
 2962  trafficking.
 2963         30. Chapter 806, relating to arson and criminal mischief.
 2964         31. Chapter 810, relating to burglary and trespass.
 2965         32. Chapter 812, relating to theft, robbery, and related
 2966  crimes.
 2967         33. Chapter 815, relating to computer-related crimes.
 2968         34. Chapter 817, relating to fraudulent practices, false
 2969  pretenses, fraud generally, and credit card crimes.
 2970         35. Chapter 825, relating to abuse, neglect, or
 2971  exploitation of an elderly person or disabled adult.
 2972         36. Section 827.071, relating to commercial sexual
 2973  exploitation of children.
 2974         37. Chapter 831, relating to forgery and counterfeiting.
 2975         38. Chapter 832, relating to issuance of worthless checks
 2976  and drafts.
 2977         39. Section 836.05, relating to extortion.
 2978         40. Chapter 837, relating to perjury.
 2979         41. Chapter 838, relating to bribery and misuse of public
 2980  office.
 2981         42. Chapter 843, relating to obstruction of justice.
 2982         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2983  s. 847.07, relating to obscene literature and profanity.
 2984         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2985  849.25, relating to gambling.
 2986         45. Chapter 874, relating to criminal gangs.
 2987         46. Chapter 893, relating to drug abuse prevention and
 2988  control.
 2989         47. Chapter 896, relating to offenses related to financial
 2990  transactions.
 2991         48. Sections 914.22 and 914.23, relating to tampering with
 2992  or harassing a witness, victim, or informant, and retaliation
 2993  against a witness, victim, or informant.
 2994         49. Sections 918.12 and 918.13, relating to tampering with
 2995  jurors and evidence.
 2996         (2) “Unlawful debt” means any money or other thing of value
 2997  constituting principal or interest of a debt that is legally
 2998  unenforceable in this state in whole or in part because the debt
 2999  was incurred or contracted:
 3000         (a) In violation of any one of the following provisions of
 3001  law:
 3002         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 3003  relating to dogracing and horseracing.
 3004         2. Chapter 550, relating to jai alai frontons.
 3005         3. Section 551.109, relating to slot machine gaming.
 3006         4. Chapter 687, relating to interest and usury.
 3007         5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 3008  849.25, relating to gambling.
 3009         Section 26. Sections 1 through 3 of this act and this
 3010  section shall take effect upon becoming law. Sections 4 through
 3011  25 shall take effect only if the Governor and an authorized
 3012  representative of the Seminole Tribe of Florida execute an
 3013  Indian Gaming Compact pursuant to the Indian Gaming Regulatory
 3014  Act of 1988 and requirements of this act, only if the compact is
 3015  ratified by the Legislature, and only if the compact is approved
 3016  or deemed approved, and not voided pursuant to the terms of this
 3017  act, by the Department of the Interior, and such sections take
 3018  effect on the date that the approved compact is published in the
 3019  Federal Register.

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