Section 285.711, Florida Statutes 2009
285.711 Gaming compact between the Seminole Tribe and the State of Florida.--The Governor is authorized and directed to negotiate and execute a gaming compact with the Seminole Tribe of Florida on behalf of the State of Florida subject to ratification by the Legislature, in the form substantially as follows:
Between the Seminole Tribe of Florida
and the State of Florida
This Compact is made and entered into by and between the Seminole Tribe of Florida, a federally recognized Indian Tribe, and the State of Florida, with respect to the operation of Covered Games on the Tribe's Indian lands as defined by the Indian Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq.
TITLE.--This Compact shall be referred to as the "Seminole Tribe of Florida and State of Florida Gaming Compact."
A. The Seminole Tribe of Florida is a federally recognized tribal government possessing sovereign powers and rights of self-government.
B. The State of Florida is a state of the United States of America possessing the sovereign powers and rights of a state.
C. The State of Florida and the Seminole Tribe of Florida maintain a government-to-government relationship.
D. The United States Supreme Court has long recognized the right of an Indian Tribe to regulate activity on lands within its jurisdiction, but the Congress, through the Indian Gaming Regulatory Act, has given states a role in the conduct of tribal gaming in accordance with negotiated tribal-state compacts.
E. Pursuant to the Seminole Tribe Amended Gaming Ordinance, adopted by Resolution No. C-195-06, and approved by the National Indian Gaming Commission on July 10, 2006, hereafter referred to as the Seminole Tribal Gaming Code, the Seminole Tribe of Florida desires to offer the play of Covered Games, as defined in Part III. of this Compact, as a means of generating revenues for purposes authorized by the Indian Gaming Regulatory Act, including without limitation the support of tribal governmental programs, such as health care, housing, sewer and water projects, police, fire suppression, general assistance for tribal elders, day care for children, economic development, educational opportunities, per capita payments to tribal members, and other typical and valuable governmental services and programs for tribal members.
F. It is in the best interest of the State of Florida to enter into a compact with the Seminole Tribe of Florida. This Compact will generally benefit Florida, while at the same time limiting the expansion of gaming within the State. The State of Florida also recognizes that the significant revenue participation pursuant to the Compact in exchange for its exclusivity provisions provide an opportunity to increase and enhance the dollars available to spend on governmental programs that benefit the citizens of Florida.
G. The agreement executed by the Seminole Tribe of Florida and the Governor of Florida on November 14, 2007, published in the Federal Register on January 7, 2008, and subsequently invalidated by the Florida Supreme Court in the case of Florida House of Representatives, et al. vs. Crist, No. SC07-2154, is void.
DEFINITIONS.--As used in this Compact and the Appendices thereto:
A. "Annual Oversight Assessment" means the assessment described in 1Part XI., Section C. of this Compact.
B. "Class III gaming" means the forms of Class III gaming defined in 25 U.S.C. s. 2703(8) and by the regulations of the National Indian Gaming Commission in effect on January 1, 2009.
C. "Commission" means the Seminole Tribal Gaming Commission, which is the tribal governmental agency that has the authority to carry out the Tribe's regulatory and oversight responsibilities under this Compact.
D. "Compact" means the Seminole Tribe of Florida and State of Florida Gaming Compact.
E. "Covered Game" or "Covered Gaming Activity" means the following gaming activities:
1.(a) Slot machines, means any mechanical or electrical contrivance, terminal that may or may not be capable of downloading slot games from a central server system, machine, or other device that, upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any consideration whatsoever, including the use of any electronic payment system, except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. The term includes associated equipment necessary to conduct the operation of the contrivance, terminal, machine, or other device. Slot machines may use spinning reels, video displays, or both.
(b) If at any time State law authorizes the use of electronic payments systems utilizing credit or debit card payment for the play or operation of slot machines for any person, the Tribe shall be authorized to use such payment systems;
2. No limit poker; and
3. Banking or banked card games, including baccarat, chemin de fer, and blackjack at the Facilities located in Broward County and Hillsborough County as described in Part IV., Section B., subsections 2., 3., 6., and 7.
This definition specifically does not include roulette, craps, roulette-styled games, or craps-styled games.
F. "Covered Game Employee" or "Covered Employee" means any individual employed and licensed by the Tribe whose responsibilities include the rendering of services with respect to the operation, maintenance, or management of Covered Games, including, but not limited to, the following: managers and assistant managers; accounting personnel; Commission officers; surveillance and security personnel; cashiers, supervisors, and floor personnel; cage personnel; and any other employee whose employment duties require or authorize access to areas of the Facility related to the conduct of Covered Games or the technical support or storage of Covered Game components. This definition does not include the Tribe's elected officials provided that such individuals are not directly involved in the operation, maintenance, or management of Covered Games or Covered Games components.
G. "Documents" means books, records, electronic, magnetic and computer media documents and other writings and materials, copies thereof, and information contained therein.
H. "Effective Date" means the date on which the Compact becomes effective pursuant to Part XVI., Section A. of this Compact.
I. "Facility" or "Facilities" means any building of the Tribe in which the Covered Games authorized by this Compact are conducted on Indian lands as defined by the Indian Gaming Regulatory Act.
J. "Guaranteed Minimum Payment" means the minimum payment the Tribe agrees to make to the State as provided by Part XI. of the Compact.
K. "Indian Gaming Regulatory Act" or "IGRA" means the Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17, 1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq., and 18 U.S.C. ss. 1166-1168.
L. "Net Poker Income" means the total revenue from all hands played, including buy-ins and rebuys.
M. "Net Win" means gross gaming revenue for Class III games, which is the difference between gaming wins and losses, before deducting costs and expenses.
N. "Non-tribal member" means a person who is not a bona fide member of an Indian tribe as defined in 25 U.S.C. s. 2703(5).
O. "Patron" means any person who is on the premises of a Facility, or who is entering the Tribe's Indian lands for the purpose of playing Covered Games authorized by this Compact.
P. "Reservation" means any of the seven Tribal locations currently with gaming facilities, specifically enumerated in Part IV., Section B.
Q. "Revenue Share" means the periodic payment by the Tribe to the State provided for in Part XI., Sections A. and B. of this Compact.
R. "Revenue Sharing Cycle" means the annual (12-month) period of the Tribe's operation of Covered Games in its Facilities and whose first annual cycle shall commence on the day the Tribe makes Covered Games available for public play in its Facilities.
S. "Rules and Regulations" means the rules and regulations promulgated by the Commission for implementation of this Compact.
T. "State" means the State of Florida.
U. "State Compliance Agency" or "SCA" means the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation, which is designated as the state agency having the authority to carry out the State's oversight responsibilities under this Compact.
V. "Tribe" means the Seminole Tribe of Florida or any affiliate thereof conducting activities pursuant to this Compact under the authority of the Seminole Tribe of Florida.
AUTHORIZATION AND LOCATION OF COVERED GAMES.--
A. The Tribe and State agree that the Tribe is authorized to operate Covered Games on its Indian lands, as defined in the Indian Gaming Regulatory Act, in accordance with the provisions of this Compact. However, except for the provisions in Part XI., Section A. below, nothing in this Compact shall limit the Tribe's right to operate any game that is Class II under the Indian Gaming Regulatory Act.
B. The Tribe is authorized to conduct Covered Games under this Compact at only the following seven existing gaming facilities on Tribal lands, except as limited by Part III., Section E., subsection 3.:
1. Seminole Indian Casino on the Brighton Indian Reservation in Okeechobee County.
2. Seminole Indian Casino in the City of Coconut Creek in Broward County.
3. Seminole Indian Casino in the City of Hollywood in Broward County.
4. Seminole Indian Casino in Immokalee in Collier County.
5. Seminole Indian Big Cypress Casino in the City of Clewiston in Hendry County.
6. Seminole Hard Rock Hotel & Casino in the City of Hollywood in Broward County.
7. Seminole Hard Rock Hotel & Casino in the City of Tampa in Hillsborough County.
C. Any of the identified Facilities in Section B. may be expanded or replaced by another Facility on the same reservation with advance notice to the State of sixty (60) calendar days, subject to the understanding that the number of existing Facilities on each reservation and the number of reservations upon which Class III gaming is authorized shall remain the same as provided in Section B.
RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR OPERATIONS.--
A. At all times during the term of this Compact, the Tribe shall be responsible for all duties which are assigned to it and the Commission under this Compact. The Tribe shall promulgate any rules and regulations necessary to implement this Compact, which at a minimum shall expressly include or incorporate by reference all provisions of this Part and the procedural requirements of Part VI. of this Compact. Nothing in this Compact shall be construed to affect the Tribe's right to amend its rules and regulations, provided that any such amendment shall be in conformity with this Compact and subject to approval by the SCA. The SCA may propose additional rules and regulations consistent with and related to the implementation of this Compact to the Commission at any time, and the Commission shall give good faith consideration to such suggestions and shall notify the SCA of its response or action with respect thereto.
B. All Facilities shall comply with, and all Covered Games approved under this Compact shall be operated in accordance with, the requirements set forth in this Compact, including, but not limited to, those set forth in Sections C. and D. of this Part and the Tribe's Internal Control Policies and Procedures. In addition, all Facilities and all Covered Games shall be operated in strict compliance with tribal internal control standards that provide a level of control that equals or exceeds those set forth in the National Indian Gaming Commission's Minimum Internal Control Standards (25 C.F.R. Part 542), as the same may be amended or supplemented from time to time.
C. The Tribe and the Commission shall retain all records in compliance with the requirements set forth in the Record Retention Policies and Procedures.
D. The Tribe will continue and maintain its program to combat problem gambling and curtail compulsive gambling, including work with the Florida Council on Compulsive Gambling or other organizations dedicated to assisting problem gamblers. The Tribe will continue to maintain the following safeguards against problem gambling:
1. The Tribe shall make an annual donation to the Florida Council on Compulsive Gambling in an amount not less than $250,000 per Facility.
2. The Tribe will provide a comprehensive training and education program designed in cooperation with the Florida Council on Compulsive Gambling (or other organization dedicated to assisting problem gamblers) to every new gaming employee.
3. The Tribe will make printed materials available to Patrons, which include contact information for the Florida Council on Compulsive Gambling 24-Hour Helpline (or other hotline dedicated to assisting problem gamblers), and will work with the Florida Council on Compulsive Gambling (or other organization dedicated to assisting problem gamblers) to provide contact information for the Florida Council on Compulsive Gambling (or other organization dedicated to assisting problem gamblers), and to provide such information on the Facilities' Internet website. The Tribe will continue to display all literature from the Florida Council on Compulsive Gambling (or other organization dedicated to assisting problem gamblers) within the Facilities.
4. The Commission shall establish a list of the Patrons voluntarily excluded from the Tribe's Facilities, pursuant to subsection 5.
5. The Tribe shall employ its best efforts to exclude Patrons on such list from entry into its Facilities; provided that nothing in this Compact shall create for Patrons who are excluded but gain access to the Facilities, or any other person, a cause of action or claim against the State, the Tribe or the Commission, or any other person, entity, or agency for failing to enforce such exclusion.
6. Patrons who believe they may be playing Covered Games on a compulsive basis may request that their names be placed on the list of the Patrons voluntarily excluded from the Tribe's Facilities.
7. All Covered Game employees shall receive training on identifying players who have a problem with compulsive gambling and shall be instructed to ask them to leave. Signs bearing a toll-free help-line number and educational and informational materials shall be made available at conspicuous locations and automated teller machines in each Facility, which aim at the prevention of problem gaming and which specify where Patrons may receive counseling or assistance for gambling problems. All Covered Game employees shall also be screened for compulsive gambling habits. Nothing in this Section shall create for Patrons, or any other person, a cause of action or claim against the State, the Tribe or the Commission, or any other person, entity, or agency for failing to identify a Patron or person who is a compulsive gambler or ask that person to leave.
8. The Tribe shall follow the rules for exclusion of Patrons set forth in Article XI of the Seminole Tribal Gaming Code.
9. The Tribe shall make diligent efforts to prevent underage individuals from loitering in the area of each Facility where the Covered Games take place.
10. The Tribe shall assure that advertising and marketing of the Covered Games at the Facilities contain a responsible gambling message and a toll-free help-line number for problem gamblers, where practical, and that they make no false or misleading claims.
E. Summaries of the rules for playing Covered Games and promotional contests shall be visibly displayed in the Facilities. Complete sets of rules shall be available in the Facilities upon request. Copies of all such rules shall be provided to the SCA within thirty (30) calendar days of their issuance or their amendment.
F. The Tribe shall provide the Commission and SCA with a chart of the supervisory lines of authority with respect to those directly responsible for the conduct of Covered Games, and shall promptly notify those agencies of any material changes thereto.
G. The Tribe engages in and shall continue to maintain proactive approaches to prevent improper alcohol sales, drunk driving, underage drinking, and underage gambling. These approaches involve intensive staff training, screening and certification, Patron education, and the use of security personnel and surveillance equipment in order to enhance Patrons' enjoyment of the Facilities and provide for Patron safety. Staff training includes specialized employee training in nonviolent crisis intervention, driver's license verification, and the detection of intoxication. Patron education is carried out through notices transmitted on valet parking stubs, posted signs in the Facilities, and in brochures. Roving and fixed security officers, along with surveillance cameras, assist in the detection of intoxicated Patrons, investigate problems, and engage with Patrons to de-escalate volatile situations. To help prevent alcohol-related crashes, the Tribe will continue to operate the "Safe Ride Home Program," a free taxi service. Additionally, to reduce risks of underage gambling and underage drinking, the Tribe will continue to prohibit entry onto the casino floor of anyone under twenty-one (21) years of age. The Tribe shall maintain these programs and policies in its Alcohol Beverage Control Act for the duration of the Compact but may replace such programs and policies with either stricter or more extensive programs and policies. The Tribe shall provide the State with written notice of any changes to the programs and policies in the Tribe's Alcohol Beverage Control Act, which notice shall include a copy of such changes and shall be sent on or before the effective date of the change. Nothing in this Section shall create for Patrons, or any other person, a cause of action or claim against the State, the Tribe or the Commission, or any other person, entity, or agency for failing to fulfill the requirements of this Section.
H. No person under twenty-one (21) years of age shall be allowed to play Covered Games unless otherwise permitted by state law.
I. The Tribe may establish and operate Facilities that operate Covered Games only on the reservations as defined by the Indian Gaming Regulatory Act and as specified in Part IV. of this Compact.
J. The Commission shall keep a record of, and shall report at least quarterly to the SCA, the number of Covered Games in each Facility, by the name or type of each and its identifying number.
K. The Tribe and the Commission shall make available a copy of the following documents to any member of the public upon request: the minimum internal control standards of the National Indian Gaming Commission; the Seminole Tribal Gaming Code; this Compact; the rules of each Covered Game operated by the Tribe; and the administrative procedures for addressing Patron tort claims under Part VI.
L. Cessation of Banking or Banked Card Games. The Tribe shall stop all banked card games occurring on Tribal lands at any existing gaming facility within any county of the State, other than Broward County or Hillsborough County, within ninety (90) days after the date this Compact is executed by the State and the Tribe.
PATRON DISPUTES; WORKERS' COMPENSATION; TORT CLAIMS; PRIZE CLAIMS; LIMITED CONSENT TO SUIT.--
A. All Patron disputes involving gaming will be resolved in accordance with the procedures established in Article XI of the Seminole Tribal Gaming Code.
B. Tort claims by employees of the Tribe's Facilities will be handled pursuant to the provisions of the Tribe's Workers' Compensation Ordinance, which shall provide workers the same or better protections as set forth in Florida's workers' compensation laws.
C. Disputes by employees of the Tribe's Facilities will be handled pursuant to the provisions of the Tribe's policy for gaming employees, the Employee Fair Treatment and Dispute Resolution Policy as provided in Part XVIII., Section G.
D.1. A Patron who claims to have been injured in a Facility where Covered Games are played is required to provide written notice to the Tribe's Risk Management Department or the Facility, in a reasonable and timely manner.
2. The Tribe shall have ten (10) days to respond to a claim made by a Patron. When the Tribe responds to an incident alleged to have caused a Patron's injury or illness, the Tribe shall provide a claim form to the Patron. It is the Patron's responsibility to complete the form and forward the form to the Tribe's Risk Management Department within a reasonable period of time, and in a reasonable and timely manner.
3. Upon receiving written notification of the claim, the Tribe's Risk Management Department shall forward the notification to the Tribe's insurance carrier. The Tribe will use its best efforts to assure that the insurance carrier contacts the Patron within a reasonable period of time following receipt of the claim.
4. The insurance carrier will handle the claim to conclusion. If the Patron and the insurance carrier are not able to resolve the claim, the Patron may bring a tort claim against the Tribe in any court of competent jurisdiction in the county in which the incident occurred, subject to a four (4) year statute of limitations, which shall begin to run from the date of the incident of the alleged claimed injury. Nothing in this Part shall preclude a Patron from asserting a tort claim against the Tribe from immediately filing suit in any court of competent jurisdiction in the county where the claim arises without resorting to or exhausting tribal remedies.
5. In no event shall the Tribe be deemed to have waived its tribal immunity from suit beyond $500,000 for an individual tort claim and $1,000,000 for the tort claims of all persons or entities claiming injury in tort arising out of a single event or occurrence. These limitations are intended to include liability for compensatory damages as well as any costs, prejudgment interest, and attorney's fees arising out of any claim brought or asserted against the Tribe, its subordinate governmental and economic units as well as any Tribal officials, employees, servants, or agents in their official capacities.
6. The Tribe shall obtain and maintain a commercial general liability policy which provides coverage of no less than $1,000,000 per occurrence and $10,000,000 in the aggregate for bodily injury, personal injury, and property damage arising out of, connected with, or relating to the operation of Facilities where Covered Games are offered.
7. Notices explaining the procedures and time limitations with respect to making a tort claim shall be prominently displayed in the Facilities, posted on the Tribe's website, and provided to any Patron for whom the Tribe has notice of the injury or property damage giving rise to the tort claim. Such notices shall explain the method and places for making a tort claim.
8. The Tribe's insurance policy shall:
(a) Prohibit the insurer or the Tribe from invoking tribal sovereign immunity up to the limits of the policy with respect to any claim covered under the policy and disposed of in accordance with the Tribe's tort claim procedures.
(b) Include covered claims made by a Patron or invitee for personal injury or property damage.
(c) Permit the insurer or the Tribe to assert any statutory or common law defense other than sovereign immunity.
(d) Provide that any award or judgment rendered in favor of a Patron or invitee shall be satisfied solely from insurance proceeds.
ENFORCEMENT OF COMPACT PROVISIONS.--
A. The Tribe and the Commission shall be responsible for regulating activities pursuant to this Compact. As part of its responsibilities, the Tribe has adopted or issued standards designed to ensure that the Facilities are constructed, operated, and maintained in a manner that adequately protects the environment and public health and safety. Additionally, the Tribe shall ensure that:
1. Operation of the conduct of Covered Games is in strict compliance with (i) the Seminole Tribal Gaming Code, (ii) all rules, regulations, procedures, specifications, and standards lawfully adopted by the National Indian Gaming Commission and the Commission, and (iii) the provisions of this Compact, including, but not limited to, the standards and the Tribe's rules and regulations set forth in the Appendices;
2. Reasonable measures are taken to:
(a) Assure the physical safety of Facility Patrons, employees, and any other person while in the Facility;
(b) Prevent illegal activity at the Facilities or with regard to the operation of Covered Games, including, but not limited to, the maintenance of employee procedures and a surveillance system;
(c) Ensure prompt notification is given to appropriate law enforcement authorities of persons who may be involved in illegal acts in accordance with applicable law;
(d) Ensure that the construction and maintenance of the Facilities comply with the standards that are at least as stringent as the Florida Building Code, the provisions of which the Tribe has adopted as the Seminole Tribal Building Code;
(e) Ensure adequate emergency access plans have been prepared to ensure the health and safety of all Covered Game Patrons;
(f) Employ, permit, or authorize only medical professionals at its gaming facilities that are licensed by this State;
(g) Allow unimpeded access to the gaming facilities by municipal or county emergency medical services; and
(h) Ensure, at a minimum, that the environmental requirements of any federal permit will meet the standards established for the State's environmental resource permitting program as provided for in s. 373.414, Florida Statutes.
B. All licenses for members and employees of the Commission shall be issued according to the same standards and terms applicable to Facility employees. The Commission's compliance officers shall be independent of the Tribal gaming operations and shall be supervised by and accountable only to the Commission. A Commission compliance officer shall be available to the Facility during all hours of operation upon reasonable notice, and shall have immediate access to any and all areas of the Facility for the purpose of ensuring compliance with the provisions of this Compact. The Commission shall investigate any such suspected or reported violation of this Part and shall officially enter into its files timely written reports of investigations and any action taken thereon, and shall forward copies of such investigative reports to the SCA within 30 calendar days of such filing. The scope of such reporting shall be determined by a Memorandum of Understanding between the Commission and the SCA as soon as practicable after the Effective Date of this Compact. Any such violations shall be reported immediately to the Commission, and the Commission shall immediately forward the same to the SCA. In addition, the Commission shall promptly report to the SCA any such violations which it independently discovers.
C. In order to develop and foster a positive and effective relationship in the enforcement of the provisions of this Compact, representatives of the Commission and the SCA shall meet, not less than on an annual basis, to review past practices and examine methods to improve the regulatory scheme created by this Compact. The meetings shall take place at a location mutually agreed to by the Commission and the SCA. The SCA, prior to or during such meetings, shall disclose to the Commission any concerns, suspected activities, or pending matters reasonably believed to possibly constitute violations of this Compact by any person, organization, or entity, if such disclosure will not compromise the interest sought to be protected.
STATE MONITORING OF COMPACT.--
A. The State shall secure an annual independent financial audit of the conduct of Covered Games subject to this Compact. The audit shall examine revenues in connection with the conduct of Covered Games and shall include only those matters necessary to verify the determination of Net Win and the basis and amount of, and the right to, and the amount of the payments the Tribe is obligated to make to the State pursuant to Part XI. of this Compact and as defined by this Compact. A copy of the audit report for the conduct of Covered Games shall be submitted to the Commission within thirty (30) calendar days of completion. Representatives of the SCA may, upon request, meet with the Tribe and its auditors to discuss the audit or any matters in connection therewith; provided, such discussions are limited to Covered Games information. The annual independent financial audit shall be performed by an independent accounting firm, with experience in auditing casino operations, selected by the State, subject to the consent of the Tribe, which shall not be unreasonably withheld. The Tribe shall pay the accounting firm for the costs of the annual independent financial audit.
B. The SCA shall, pursuant to the provisions of this Compact, monitor the conduct of Covered Games to ensure that the Covered Games are conducted in compliance with the provisions of this Compact. In order to properly monitor the conduct of Covered Games, agents of the SCA without prior notice or with concurrent notice shall have reasonable access to all public areas of the Facilities related to the conduct of Covered Games as provided herein.
1. While the Commission will act as the regulator of the Facilities, the SCA may take reasonable steps to assure that operations at the Facilities comply with the terms of this Compact and may advise on such issues as it deems appropriate.
2. In order to fulfill its oversight responsibilities, the State has identified specific oversight testing procedures, set forth below in subsection 3., paragraphs (a), (b), and (c), which the SCA may perform on a routine basis.
3.(a) The Tribe shall permit access to the SCA to inspect with at least concurrent notice any Covered Games in operation at the Facilities on a random basis, without limitation as to frequency, to confirm that the Covered Games operate and play properly pursuant to the manufacturer's technical standards and are conducted in compliance with the rules, regulations, and standards established by the Commission and this Compact. Such random inspections shall occur during normal operating hours. No advance notice is required when the SCA inspects public and nonpublic areas of the Facility. However, representatives of the SCA shall provide notice to the Commission of their presence for such inspections. A Commission agent may accompany the inspection.
(b) For each Facility, the SCA may perform one annual review of the slot machine compliance audit.
(c) At least on an annual basis, the SCA may meet with the Tribe's Internal Audit Department for Gaming to review internal controls and violations of same by the Facilities.
4. The SCA will seek to work with and obtain the assistance of the Commission in the resolution of any conflicts with the management of the Facilities, and the State and the Tribe shall make their best efforts to resolve disputes through negotiation whenever possible. Therefore, in order to foster a spirit of cooperation and efficiency, the parties hereby agree that when disputes arise between the SCA staff and Commission regulators from the day-to-day regulation of the Facilities, they should generally be resolved first through meeting and conferring in good faith. This voluntary process does not proscribe the right of either party to seek other relief that may be available when circumstances require such relief. In the event of a dispute or disagreement between Tribal and SCA regulators, the dispute or disagreement shall be resolved in accordance with the dispute resolution provisions of Part XIII. of this Compact.
5. Access to each Facility by the SCA shall be during the Facility's operating hours only, provided that to the extent such inspections are limited to areas of the Facility where the public is normally permitted, the SCA agents may inspect the Facility without giving prior notice to the Tribe or the Commission.
6. Any suspected or claimed violations of this Compact or law shall be directed in writing to the Commission; the SCA agents, in conducting the functions assigned them under this Compact, shall not unreasonably interfere with the functioning of any Facility.
7. Before the SCA agents enter any nonpublic area of a Facility, they shall provide photographic identification to the Commission. The SCA agents shall be accompanied in nonpublic areas of the Facility by a Commission officer. Prior notice or concurrent notice by the SCA to the Commission is required to assure that a Commission officer is available to accompany the SCA agents at all times.
8. There is no limit to the number of times or opportunities that the SCA may inspect any Covered Games or gaming devices in operation at a Facility on a random basis to confirm that the operation and play of the games or devices conform to manufacturer's technical standards or to the standards specified in the Compact.
9. There is no limit to the number of times the SCA may review internal controls and violations by a Facility.
10. All gaming machines on the premises of each Facility will be connected to a central computerized reporting and auditing system on the gaming facility premises. The system shall:
(a) Collect on a continual basis the unaltered activity of each gaming machine in use at the gaming facility.
(b) Provide access to the State by a dedicated telecommunications connection, on a "read-only" basis, upon entry of appropriate security codes, and permit access to and downloads of the wager and payout data of each machine, electronically captured by the central computer. However, the Compact may not authorize the State to alter or affect the operation of any gaming machine or other device on the premises of the authorized gaming facility or the data provided to the central computer.
(c) Be constructed and installed at the Tribe's expense to provide electronic access to the State for the machine wager and payout data collected by the central computer.
(d) Be designed in conjunction with the State and the Tribe's technical staff so as to preserve the integrity of the system and the data contained therein, to minimize any possibility of unauthorized access to the system or tampering with the data, and to minimize any access by the State to information other than machine wager and payout data residing in the central reporting and auditing system.
C. Subject to the provisions herein, agents of the SCA shall have the right to review, request, and receive copies of documents of the Facility related to its conduct of Covered Games. The review and copying of such documents shall be during normal business hours unless otherwise allowed by the Tribe at the Tribe's discretion. The Tribe shall not refuse said inspection and copying of such documents, provided that the inspectors may not require copies of documents in such volume that it unreasonably interferes with the normal functioning of the Facilities or Covered Games. To the extent that the Tribe provides the State with information which the Tribe claims to be confidential and proprietary, or a trade secret, the Tribe shall clearly mark such information with the following designation: "Trade Secret, Confidential and Proprietary." If the State receives a request under Chapter 119, Florida Statutes, that would include such designated information, the State shall promptly notify the Tribe of such a request. The SCA may provide copies of tribal documents to federal law enforcement and other State agencies or State consultants that the State deems reasonably necessary in order to conduct or complete any investigation of suspected criminal activity in connection with the Tribe's Covered Games or the operation of the Facilities or in order to assure the Tribe's compliance with this Compact.
D. At the completion of any SCA inspection or investigation, the SCA may forward a written report thereof to the Commission, containing all pertinent, nonconfidential, nonproprietary information regarding any violation of applicable laws or this Compact which was discovered during the inspection or investigation unless disclosure thereof would adversely impact an investigation of suspected criminal activity. Nothing herein prevents the SCA from contacting tribal or federal law enforcement authorities for suspected criminal wrongdoing involving the Commission.
E. Except as expressly provided in this Compact, nothing in this Compact shall be deemed to authorize the State to regulate the Tribe's government, including the Commission, or to interfere in any way with the Tribe's selection of its governmental officers, including members of the Commission.
JURISDICTION.--The obligations and rights of the State and the Tribe under this Compact are contractual in nature, and are to be construed and enforced in accordance with the laws of the State of Florida. This Compact shall not alter tribal, federal, or state civil adjudicatory or criminal jurisdiction in any way.
LICENSING.--The Tribe and the Commission shall comply with the licensing and hearing requirements set forth in 25 C.F.R. Parts 556 and 558, as well as the applicable licensing and hearing requirements set forth in Articles IV-VI of the Seminole Tribal Gaming Code. The Commission shall notify the SCA of any disciplinary hearings or revocation or suspension of licenses.
PAYMENTS TO THE STATE OF FLORIDA.--
A. The parties acknowledge and recognize that this Compact provides the Tribe with partial but substantial exclusivity and other valuable consideration consistent with the goals of the Indian Gaming Regulatory Act, including special opportunities for tribal economic development through gaming within the external boundaries of Florida with respect to the play of Covered Games. In consideration thereof, the Tribe covenants and agrees, subject to the conditions agreed upon in Part XII. of this Compact, to make payments to the State derived from Net Win as set forth in Section B. The Tribe further agrees to convert all of its Class II video bingo terminals (or their equivalents) to Class III slot machines within twenty-four (24) months after the Effective Date of this Compact, or the payment to the State shall be calculated as if the conversion has been completed, whether or not the Tribe has fully executed its conversion. The Tribe further agrees that it will not purchase or lease any new Class II video bingo terminals (or their equivalents) after the Effective Date of this Compact.
B. Payment schedule.--Subject to the provisions in this Part of the Compact, and subject to the limitations agreed upon in Part XII. of the Compact, the amounts paid by the Tribe to the State shall be calculated as follows:
1. For each Revenue Sharing Cycle, the Tribe agrees to pay not less than a Guaranteed Minimum Payment of One Hundred Fifty Million Dollars ($150,000,000) if the Revenue Share calculated for that Revenue Sharing Cycle under subsection 3., below, is less than the Guaranteed Minimum Payment.
2. All Guaranteed Minimum Payments shall be deducted from and credited toward the Revenue Share in each Revenue Sharing Cycle set forth below in subsection 3.
3. For each Revenue Sharing Cycle, to the extent that the Revenue Share exceeds the Guaranteed Minimum Payment for each Revenue Sharing Cycle, the Tribe agrees, as further provided in subsection 4., to pay a Revenue Share for that Revenue Sharing Cycle equal to the total amount calculated from the operation and play of Covered Games from each Revenue Sharing Cycle as follows:
(a) Twelve percent (12%) of all amounts up to Two and one-half Billion Dollars ($2,500,000,000) of Net Win received by the Tribe from the operation and play of Covered Games from each Revenue Sharing Cycle;
(b) Fifteen percent (15%) of all amounts between Two and one-half Billion and One Dollars ($2,500,000,001) and Three Billion Dollars ($3,000,000,000) of Net Win received by the Tribe from the operation and play of Covered Games from each Revenue Sharing Cycle;
(c) Twenty percent (20%) of all amounts between Three Billion and One Dollars ($3,000,000,001) and Four Billion Dollars ($4,000,000,000) of Net Win received by the Tribe from the operation and play of Covered Games from each Revenue Sharing Cycle;
(d) Twenty-two and one-half percent (22.5%) of all amounts between Four Billion and One Dollars ($4,000,000,001) and Four and one-half Billion Dollars ($4,500,000,000) of Net Win Received by the Tribe from the operation and play of Covered Games from each Revenue Sharing Cycle; and
(e) Twenty-five percent (25%) of all amounts over Four and one-half Billion Dollars ($4,500,000,000) of Net Win received by the Tribe from the operation and play of Covered Games from each Revenue Sharing Cycle.
4.(a) On or before the fifteenth day of the month following the first month of the Revenue Sharing Cycle, the Tribe will remit to the State the greater amount of eight and one-third percent (8.3%) of the estimated annual Revenue Share or eight and one-third percent (8.3%) of the Guaranteed Minimum Payment ("the monthly payment").
(b) The Tribe will make available to the State at the time of the monthly payment the basis for the calculation of the payment.
(c) Each month the Tribe will internally "true up" the calculation of the estimated Revenue Share based on the Tribe's unaudited financial statements related to Covered Games.
5.(a) On or before the forty-fifth day after the third month, sixth month, ninth month, and twelfth month of each Revenue Sharing Cycle, provided that the twelve (12) month period does not coincide with the Tribe's fiscal year end date as indicated in paragraph (c), the Tribe will provide the State with an audit report by its independent auditors as to the accuracy of the annual Revenue Share calculation.
(b) For each quarter of these Revenue Sharing Cycles the Tribe will engage its independent auditors to conduct a review of the unaudited net revenue from Covered Games. On or before the one hundred and twentieth day after the end of the Tribe's fiscal year, the Tribe will require its independent auditors to provide an audit report to verify Net Win for Covered Games and the related payment of the annual Revenue Share to the SCA for State review.
(c) If the twelfth month of each Revenue Sharing Cycle does not coincide with the Tribe's fiscal year, the Tribe will require its independent auditors to deduct Net Win from Covered Games for any of the months that are outside of the Revenue Sharing Cycle and to include Net Win from Covered Games for those months which fall outside of the Tribe's audit period but fall within the Revenue Sharing Cycle, prior to issuing the audit report.
(d) No later than thirty (30) calendar days after the day the audit report is issued, the Tribe will remit to the State any underpayment of the annual Revenue Share, and the State at its discretion will either reimburse to the Tribe any overpayment of the annual Revenue Share or authorize the overpayment to be deducted from the next monthly payment.
C. Payments pursuant to Sections A. and B. above shall be made to the State via electronic funds transfer in a manner directed by the SCA for immediate transfer into the Educational Enhancement Trust Fund of the Department of Education. Payments will be due in accordance with the payment schedule set forth in Section B. The appropriation of any payments received by the State pursuant to this Compact lies within the exclusive prerogative of the Legislature.
D. The Annual Oversight Assessment to reimburse the State for the actual costs of the operation of the SCA to perform its monitoring functions as defined in this Compact shall be determined and paid in quarterly installments within thirty (30) calendar days of receipt by the Tribe of an invoice from the SCA. The Tribe reserves the right to audit the invoices on an annual basis, a copy of which will be provided to the SCA, and any discrepancies found therein shall be reconciled within forty-five (45) calendar days of receipt of the audit by the SCA. Out-of-pocket expenses to be incurred by the Governor or his designee performing functions of the SCA unless and until the SCA is designated by the Legislature shall be advanced by the Tribe upon submission of properly documented requests.
E. As provided for 25 U.S.C. s. 2710(b)(2)(B)(v), the Tribe agrees to pay to the State an additional amount equal to three percent (3%) of the annual amount set forth in Section B. of this Part, which funds shall be used for the purposes of offsetting the impacts of the Tribe's Facilities on the operations of local governments.
F. Any moneys remitted by the Tribe before the Effective Date of this Compact shall be deemed forfeited by the Tribe and released to the State without further obligation or encumbrance. Acceptance and appropriation of such funds does not legitimize, validate, or otherwise ratify any previously proposed compact or the operation of Class III games by the Tribe for any period prior to the Effective Date of this Compact.
G. Except as expressly provided in this Part, nothing in this Compact shall be deemed to require the Tribe to make payments of any kind to the State or any of its agencies.
REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY OR OTHER CHANGES IN FLORIDA LAW.--The intent of this Part is to provide the Tribe with the right to operate Covered Games on an exclusive basis as provided in this Compact, subject to the exceptions and provisions set forth below.
A. If Class III gaming as defined in this Compact that is not presently authorized by or under Florida law is authorized for any location within the State of Florida that is under the jurisdiction of the State and Tribal Net Win plus revenues from its remaining Class II video bingo terminals (or their equivalents) within its Facilities statewide drops below $1.37 billion, the payments due the State pursuant to Part XI., Sections A. and B. of this Compact shall be reduced based on the proportion of Net Win below $1.37 billion. The payments due the State pursuant to Part XI., Sections A. and B. of this Compact shall resume in full if the Tribe's annual Net Win plus revenues from its remaining Class II video bingo terminals (or their equivalents) within its Facilities statewide again reaches or exceeds $1.37 billion.
B. The following are exceptions to the exclusivity provisions of Section A. above.
1. Any Class III gaming authorized by a compact between the State and any other federally recognized tribe pursuant to the Indian Gaming Regulatory Act will not be a breach or other violation of the exclusivity provisions set forth in Section A. above.
2. The conduct of illegal or otherwise unauthorized gaming within the State shall not be considered a breach or other violation of the exclusivity provisions set forth in Section A. above.
3. Any Class III slot machine gaming authorized after the Effective Date of this Compact for pari-mutuel facilities in Miami-Dade County or Broward County will not be a breach or violation of the exclusivity provisions set forth in Section A. above.
4. Any historic racing machines, electronic bingo machines, and pari-mutuel wagering activities at licensed pari-mutuel facilities authorized after the Effective Date of this Compact will not be a breach or violation of the exclusivity provisions set forth in Section A. above.
C. Revenue sharing by the Tribe may not be reduced or eliminated by the existence of any gaming activities being conducted in Florida at the time this Compact is ratified which are illegal or are of unsettled legal status.
D. If the Florida Constitution is amended to repeal the slot machine amendment in s. 23, Art. X of the State Constitution, the Legislature authorizes the Seminoles to continue to offer the play of Covered Games under the terms of the Compact authorized pursuant to this Section during the remainder of the term of the Compact.
E. To the extent that the Tribe's ongoing payment obligations to the State pursuant to Part XI., Sections A. and B. of this Compact are reduced, any outstanding payments that would have been due the State from the Tribe's Facilities prior to the event authorizing the reduction shall be made within thirty (30) business days after cessation.
F. Any reduction of payments authorized under this Compact shall not excuse the Tribe from continuing to comply with all other provisions of this Compact, including continuing to pay the State the Annual Oversight Assessment as set forth in 1Part XI., Section C. of this Compact. Furthermore, the State shall continue to have the right to monitor the Tribe's compliance with the Compact.
G. In the event that revenue sharing payments to the State made pursuant to Part XI., Sections A. and B. are reduced under this Part, the annual amount payable to the State for the impacts to local governments under Part XI., Section E. shall be calculated as the amount paid for the last full revenue sharing year. Such payments shall continue to be calculated in such manner until the revenue sharing payments under Part XI., Sections A. and B. are restored.
H. Nothing in this Compact is intended to affect the ability of the State Legislature to enact laws either further restricting or expanding gambling on non-tribal lands.
DISPUTE RESOLUTION.--In the event that either party to this Compact believes that the other party has failed to comply with any requirements of this Compact, or in the event of any dispute hereunder, including, but not limited to, a dispute over the proper interpretation of the terms and conditions of this Compact, the goal of the parties is to resolve all disputes amicably and voluntarily whenever possible. In pursuit of this goal, the following procedures may be invoked:
A. A party asserting noncompliance or seeking an interpretation of this Compact first shall serve written notice on the other party. The notice shall identify the specific Compact provision alleged to have been violated or in dispute and shall specify in detail the asserting party's contention and any factual basis for the claim. Representatives of the Tribe and State shall meet within thirty (30) calendar days of receipt of notice in an effort to resolve the dispute, unless they mutually agree to extend this period.
B. A party asserting noncompliance or seeking an interpretation of this Compact under this Part shall be deemed to have certified that to the best of the party's knowledge, information, and belief formed after reasonable inquiry, the claim of noncompliance or the request for interpretation of this Compact is warranted and made in good faith and not for any improper purpose, such as to harass or to cause unnecessary delay or the needless incurring of the cost of resolving the dispute.
C. If the parties are unable to resolve a dispute through the process specified in Sections A. and B. of this Part, the parties may agree to mediation under the Commercial Mediation Procedures of the American Arbitration Association (AAA), or any such successor procedures, provided that such mediation does not last more than sixty (60) calendar days, unless an extension to this time limit is mutually agreed to by the parties. The disputes available for resolution through mediation are limited to matters arising under the terms of this Compact.
D. If the parties are unable to resolve a dispute through the process specified in Sections A., B., and C. of this Part, notwithstanding any other provision of law, the State may bring an action against the Tribe in any court of competent jurisdiction regarding any dispute arising under this Compact. The State is entitled to all remedies available under law or in equity.
E. For purposes of actions based on disputes between the State and the Tribe that arise under this Compact and the enforcement of any judgment resulting therefore, the Tribe expressly waives its right to assert sovereign immunity from suit and from enforcement of any ensuing judgment, and further consents to be sued in federal or state court, including the rights of appeal, as the case may be, provided that (i) the dispute is limited solely to issues arising under this Compact, (ii) there is no claim for monetary damages (except that payment of any money required by the terms of this Compact, as well as injunctive relief or specific performance enforcing a provision of this Compact requiring the payment of money to the State may be sought), and (iii) nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Tribe with respect to any third party that is made a party or intervenes as a party to the action.
F. The State may not be precluded from pursuing any mediation or judicial remedy against the Tribe on the grounds that the State has failed to exhaust its Tribal administrative remedies.
G. Notwithstanding anything to the contrary in this Part, any failure of the Tribe to remit the payments pursuant to the terms of Part XI. will entitle the State to seek mandatory injunctive relief in federal or state court, at the State's election, to compel the payments after exhausting the dispute resolution process in Sections A. and B. of this Part.
H. The State shall be entitled to seek immediate injunctive relief in the event the Tribe offers or continues to offer Class III games not authorized under this Compact.
I. Notwithstanding any other provision of law to the contrary, if the parties are unable to resolve a dispute through the process specified in Sections A., B., and C., of this Part, provided that the State does not exercise its option to file an action against the Tribe under Section D., either party may invoke presuit nonbinding arbitration to resolve any dispute between the parties arising under the Compact.
1. The party demanding the presuit nonbinding arbitration shall immediately ask the American Arbitration Association to furnish a list of 11 arbitrators, each of whom shall have at least 5 years of commercial arbitration experience and no financial interest in or prior relationship with any of the parties or their affiliated or related entities or principals.
2. The State and the Tribe shall each select a single arbitrator from the list provided by the American Arbitration Association within 10 days after receipt, and the individuals so selected shall choose one additional arbitrator from the list within the next 10 days. The three arbitrators selected shall constitute the panel that shall arbitrate the dispute between the parties pursuant to the American Arbitration Association Commercial Arbitration Rules and Chapter 682, Florida Statutes.
3. At the conclusion of the proceedings, which shall be no later than 90 days after the demand for arbitration, the arbitration panel shall present to the parties a proposed agreement that the majority of the panel believes equitably balances the rights, interests, obligations, and reasonable expectations of the parties.
4. The parties shall, within 10 days after the arbitration panel's issuance of the proposed agreement, enter into such agreement or notify the opposing party of its intent to reject the agreement and proceed with a lawsuit to resolve the dispute.
5. Each party shall pay its respective costs of arbitration and shall pay one-half of the costs of the arbitration panel.
6. The arbitrator's decision may not be enforced in any court.
J. If the arbitrator finds that the State is not in compliance with the Compact, the State shall have the opportunity to challenge the decision of the arbitrators by bringing an independent action against the Tribe in federal district court ("federal court") regarding the dispute underlying the arbitration in a district in which the federal court has venue. If the federal court declines to exercise jurisdiction, or federal precedent exists that rules that the federal court would not have jurisdiction over such a dispute, the State may bring the action in the Courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. The State is entitled to all rights of appeal permitted by law in the court system in which the action is brought. The State shall be entitled to de novo review of the arbitrators' decision under this Section. For the purpose of this Section, the Tribe agrees to waive its immunity as provided in Section E. of this Part.
CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.--
A. If any provision of this Compact relating to the Covered Games, revenue sharing payments, suspension or reduction of payments, or exclusivity is held by a court of competent jurisdiction to be invalid, this Compact will become null and void. If any provision, part, section, or subsection of this Compact is determined by a federal district court in Florida or other court of competent jurisdiction to impose a mandatory duty on the State of Florida that requires authorization by the Florida Legislature, the duty conferred by that particular provision, part, section, or subsection shall no longer be mandatory but will be deemed to be a matter within the discretion of the Governor or other State officers, subject to such legislative approval as may be required by Florida law.
B. It is understood that Part XII. of this Compact, which provides for a reduction of the payments to the State under Part XI., does not create any duty on the State of Florida but only a remedy for the Tribe if Class III gambling under state jurisdiction is expanded by operation of law and Tribal Net Win falls below $1.37 billion.
C. This Compact is intended to meet the requirements of the Indian Gaming Regulatory Act as it reads on the Effective Date of this Compact, and where reference is made to the Indian Gaming Regulatory Act, or to an implementing regulation thereof, the reference is deemed to have been incorporated into this document as if set in full. Subsequent changes to the Indian Gaming Regulatory Act that diminish the rights of the State or Tribe may not be applied retroactively to alter the terms of this Compact, except to the extent that federal law validly mandates that retroactive application without the respective consent of the State or Tribe. In the event that a subsequent change to the Indian Gaming Regulatory Act, or to an implementing regulation thereof, mandates the retroactive application without the respective consent of the State or Tribe, the parties agree that this Compact is void if the subsequent change materially alters the minimum terms and standards in the Compact relating to the Covered Games, revenue sharing payments, suspension or reduction of payments, or exclusivity.
D. Neither the presence in another tribal-state compact of language that is not included in this Compact, nor the absence in this Compact of language that is present in another tribal-state compact shall be a factor in construing the terms of this Compact.
E. Upon Legislative ratification, the parties shall cooperate and use their best efforts in seeking approval of this Compact from the Secretary of the Interior and the parties further agree that, upon ratification by the Legislature, the Tribe shall submit the Compact to the Secretary forthwith.
NOTICES.--All notices required under this Compact shall be given by (i) certified mail, return receipt requested, (ii) commercial overnight courier service, or (iii) personal delivery, to the following persons:
A. The Governor.
B. The General Counsel to the Governor.
C. The Chair of the Seminole Tribe of Florida.
D. The General Counsel to the Seminole Tribe of Florida.
EFFECTIVE DATE AND TERM.--
A. This Compact shall become effective upon ratification by the Legislature and subsequent approval of the Compact by the Secretary of the Interior as a tribal-state compact within the meaning of the Indian Gaming Regulatory Act either by publication of the notice of approval in the Federal Register or by operation of law under 25 U.S.C. s. 2710(d)(7)(C).
B. This Compact shall have a term of fifteen (15) years, beginning on the first day of the month following the month in which the Compact becomes effective under Section A. of this Part. This Compact shall remain in full force and effect until the sooner of expiration of its terms or until terminated by mutual agreement of the parties.
AMENDMENT OF COMPACT AND REFERENCES.--
A. Amendment of this Compact may only be made by written agreement of the parties, subject to approval by the Secretary either by publication of the notice of approval in the Federal Register or by operation of law under 25 U.S.C. s. 2710(d)(7)(C).
B. Legislative ratification is required for any amendment to the Compact that is not consistent with the terms and standards set forth in ss. 285.710 and 285.711, Florida Statutes, or that alters the provisions relating to the Covered Games, the amount of revenue sharing payments, suspension or reduction in payments, or exclusivity.
C. Changes in the provisions of tribal ordinances, regulations, and procedures referenced in this Compact may be made by the Tribe with thirty (30) calendar days' advance notice to the State. If the State has an objection to any change to the tribal ordinance, regulation, or procedure which is the subject of the notice on the ground that its adoption would be a violation of the Tribe's obligations under this Compact, the State may invoke the dispute resolution provisions provided in Part XIII. of this Compact.
A. Except to the extent expressly provided in this Compact, this Compact is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms.
B. If, after the Effective Date of this Compact, the State enters into a compact with any other Tribe that contains more favorable terms with respect to any of the provisions of this Compact and the U.S. Secretary of the Interior approves such compact, either by publication of the notice of approval in the Federal Register or by operation of law under 25 U.S.C. s. 2710(d)(7)(C), upon tribal notice to the State and the Secretary, this Compact shall be deemed amended to contain the more favorable terms, unless the State objects to the change and can demonstrate, in a proceeding commenced under Part XIII., that the terms in question are not more favorable.
C. Upon the occurrence of certain events beyond the Tribe's control, including acts of God, war, terrorism, fires, floods, or accidents causing damage to or destruction of one or more of its Facilities or property necessary to operate the Facility(ies), (i) the Tribe's obligation to pay the Guaranteed Minimum Payment described in Part XI. shall be reduced pro rata to reflect the percentage of the total Net Win lost to the Tribe from the impacted Facility(ies) and (ii) the Net Win specified under Part XI., Section B., for purposes of determining whether the Tribe's payments described in Part XI. shall be reduced pro rata to reflect the percentage of the total Net Win lost to the Tribe from the impacted Facility(ies). The foregoing shall not excuse any obligations of the Tribe to make payments to the State as and when required hereunder or in any related document or agreement.
D. The Tribe and the State recognize that opportunities to engage in gaming in smoke-free or reduced-smoke environments provides both health and other benefits to Patrons, and the Tribe has already instituted a non-smoking section at its Seminole Hard Rock Hotel & Casino-Hollywood Facility. As part of its continuing commitment to this issue, the Tribe will:
1. Install and utilize a ventilation system at all new construction at its Facilities, which system exhausts tobacco smoke to the extent reasonably feasible under existing state-of-the-art technology;
2. Designate a smoke-free area for slot machines at all new construction at its Facilities; and
3. Install non-smoking, vented tables for table games in its Facilities sufficient to respond to demand for such tables.
E. The annual average minimum pay-out of all slot machines in each Facility shall not be less than eighty-five percent (85%).
F. Nothing in this Compact shall alter any of the existing memoranda of understanding, contracts, or other agreements entered into between the Tribe and any other federal, state, or local governmental entity.
G. The Tribe currently has as set forth in its Employee Fair Treatment and Dispute Resolution Policy, and agrees to maintain, standards that are comparable to the standards provided in federal laws and State laws forbidding employers from discrimination in connection with the employment of persons working at the Facilities on the basis of race, color, religion, national origin, gender, age, disability/handicap, or marital status. Nothing herein shall preclude the Tribe from giving preference in employment, promotion, seniority, lay-offs, or retention to members of the Tribe and other federally recognized tribes. The Tribe will comply with all federal and state labor laws, where applicable. The Tribe shall provide a process for employee disputes which permits the employee to be represented by an attorney or other legally authorized representative. The process shall permit the employee to use language interpreters, including interpreters for the deaf or hard of hearing.
H. The Tribe agrees to use its best efforts to spend its revenue in this state to acquire goods and services from Florida-based vendors, professionals, and material and service providers.
History.--s. 2, ch. 2009-170.
1Note.--Part XI., Section C. relates to transfer of funds; the Annual Oversight Assessment is referenced in Part XI., Section D.