Bill Text: FL S1708 | 2011 | Regular Session | Introduced


Bill Title: Destination Resorts

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-30 - Withdrawn from Commerce and Tourism; Regulated Industries; Budget -SJ 308 [S1708 Detail]

Download: Florida-2011-S1708-Introduced.html
       Florida Senate - 2011                                    SB 1708
       
       
       
       By Senator Jones
       
       
       
       
       13-01727E-11                                          20111708__
    1                        A bill to be entitled                      
    2         An act relating to destination resorts; amending s.
    3         20.21, F.S.; creating the Destination Resort
    4         Commission within the Department of Revenue; amending
    5         s. 120.80, F.S.; exempting the Destination Resort
    6         Commission from specified provisions of the
    7         Administrative Procedure Act; creating the Destination
    8         Resort Act; providing definitions; providing that the
    9         Destination Resort Commission is a separate budget
   10         entity from the Department of Revenue; providing for
   11         the appointment and qualifications of members of the
   12         commission; providing for the selection of the chair
   13         and vice chair of the commission; providing that the
   14         chair is the administrative head of the commission;
   15         specifying the responsibilities of the chair;
   16         providing that the commission serves as the agency
   17         head for purposes of the Administrative Procedure Act;
   18         providing that the executive director of the
   19         commission may serve as the agency head for purposes
   20         of final agency action within the authority delegated
   21         by the commission; specifying the powers of the
   22         commission, including the power to authorize limited
   23         gaming at up to five destination resorts, conduct
   24         investigations, issue subpoenas, take enforcement
   25         actions, and create an invitation to negotiate process
   26         to evaluate applications for a resort license;
   27         specifying the jurisdiction of the commission, the
   28         Department of Law Enforcement, and local law
   29         enforcement agencies to investigate criminal
   30         violations relating to limited gaming; requiring the
   31         commission to revoke or suspend the licensee of a
   32         person who was unqualified at the time of licensure or
   33         who is no longer qualified to be licensed; authorizing
   34         the commission to adopt rules relating to the types of
   35         gaming authorized, requirements for the issuance,
   36         renewal, revocation, and suspension of licenses, the
   37         disclosure of financial interests, procedures to test
   38         gaming equipment, procedures to verify gaming revenues
   39         and the collection of taxes, requirements for gaming
   40         equipment, procedures relating to a facilities-based
   41         computer system, bond requirements of resort
   42         licensees, the maintenance of records, procedures to
   43         calculate the payout percentages of slot machines,
   44         security standards, the scope and conditions for
   45         investigations and inspections into the conduct of
   46         limited gaming, the seizure of gaming equipment and
   47         records without notice or a warrant, employee drug
   48         testing programs, and the payment of costs, fines, and
   49         application fees; authorizing the commission to adopt
   50         emergency rules; exempting the rules from specified
   51         provisions of the Administrative Procedure Act;
   52         authorizing the commission to employ law enforcement
   53         officers; specifying the qualifications and powers of
   54         law enforcement officers employed by the commission;
   55         providing for the appointment, qualifications, and
   56         powers of the executive director of the commission;
   57         specifying persons who may not be employed by the
   58         commission; requiring the commission to adopt a code
   59         of ethics for its employees, members, and agents;
   60         specifying prohibited financial interests and
   61         relationships; imposing postemployment restrictions on
   62         members, employees, and agents of the commission;
   63         restricting the political activities of members,
   64         employees, and agents of the commission; prohibiting
   65         commissioners, employees, and agents of the commission
   66         from wagering under certain circumstances; requiring
   67         members, employees, and agents of the commission to
   68         annually disclose certain financial interests;
   69         specifying conditions under which members, employees,
   70         and agents of the commission must immediately disclose
   71         certain financial matters, criminal matters,
   72         employment negotiations, the offering or acceptance of
   73         gifts, and the offering of a bribe; prohibiting ex
   74         parte communications between applicants or licensees
   75         and members of the commission; requiring parties to an
   76         ex parte communication to disclose the substance of
   77         the communication; authorizing the imposition of a
   78         fine on a member of the commission who fails to
   79         disclose an ex parte communication; authorizing the
   80         Commission on Ethics to investigate complaints
   81         alleging an ex parte communication; requiring the
   82         Commission on Ethics to provide a report of its
   83         findings to the Governor if it finds that a
   84         commissioner violated the prohibitions on ex parte
   85         communications; authorizing the Commission on Ethics
   86         to bring an action against a commissioner to collect
   87         any penalties assessed; prohibiting a person who
   88         participated in an ex parte communication from
   89         appearing or representing a person before the
   90         commission for a certain time; specifying grounds for
   91         removal or termination of employment of commissioners
   92         and employees who violate the laws regulating limited
   93         gaming; requiring a referendum in the county where a
   94         destination resort is to be located as a prerequisite
   95         to the conduct of limited gaming activities;
   96         preempting the regulation of limited gaming at a
   97         destination resort to the state; requiring the
   98         commission to develop an invitation to negotiate
   99         process to award a resort license; specifying the
  100         minimum criteria that an applicant must meet to be
  101         awarded a destination resort license; specifying
  102         events that disqualify an applicant from eligibility
  103         for a resort license; specifying the information that
  104         must be on or included with an application for a
  105         resort license; specifying the amount of a
  106         nonrefundable application fee for a resort license to
  107         be used to defray the costs of an investigation of the
  108         applicant; authorizing the imposition of additional
  109         fees if the amount of the application fee is
  110         insufficient to cover the costs of the investigation;
  111         requiring the payment of a one-time licensing fee to
  112         be submitted along with an application for a resort
  113         license; requiring the executive director to notify an
  114         applicant for a resort license if the application is
  115         incomplete; authorizing the applicant to have an
  116         informal conference with the executive director to
  117         discuss an incomplete application; authorizing the
  118         executive director to grant an extension to complete
  119         an application; providing for the stay of the award of
  120         a resort license during an extension or the appeal to
  121         the commission of a finding by the executive director
  122         that an application is incomplete; exempting an
  123         institutional investor that is a qualifier for a
  124         resort licensee from certain application requirements
  125         under certain circumstances; requiring notice to the
  126         commission of any changes that may require a person to
  127         comply with the full application requirements;
  128         exempting lending institutions and underwriters from
  129         licensing requirements as a qualifier under certain
  130         circumstances; specifying conditions for a resort
  131         licensee to maintain licensure; requiring that the
  132         licensee post a bond; specifying conditions for the
  133         conduct of limited gaming by a resort licensee;
  134         requiring the commission to renew the license of a
  135         resort licensee if the licensee satisfies specified
  136         conditions; specifying an annual fee for the renewal
  137         of a resort license; imposing a tiered gross receipts
  138         tax based on the amount of a resort licensee’s
  139         infrastructure costs; providing for the deposit of the
  140         tax into the Destination Resort Trust Fund; providing
  141         for certain unappropriated funds in the Destination
  142         Resort Trust Fund to be deposited into the General
  143         Revenue Fund, the Tourism Promotional Trust Fund, the
  144         Employment Security Administration Trust Fund, and the
  145         Transportation Disadvantaged Trust Fund; providing for
  146         the proceeds of the gross receipts tax to fund the
  147         operations of the commission; providing procedures for
  148         the submission and processing of fingerprints of
  149         certain persons regulated by the commission; providing
  150         that the cost of processing the fingerprints shall be
  151         borne by a licensee or applicant; requiring a person
  152         to report to the commission certain pleas and
  153         convictions for disqualifying offenses; requiring a
  154         resort licensee to train its employees about
  155         compulsive gambling; requiring a resort licensee to
  156         work with a compulsive gambling prevention program;
  157         requiring the commission to contract for services
  158         relating to the prevention of compulsive gambling;
  159         providing for the commission’s compulsive gambling
  160         prevention program to be funded from a regulatory fee
  161         imposed on resort licensees; requiring a person to
  162         have a supplier’s license to furnish certain goods and
  163         services to a resort licensee; specifying the amount
  164         of the application fee for a supplier’s license;
  165         specifying persons who are disqualified from receiving
  166         a supplier’s license; specifying circumstances under
  167         which the commission may revoke a supplier’s license;
  168         authorizing the commission to adopt rules relating to
  169         the licensing of suppliers; requiring a supplier
  170         licensee to furnish a list of gaming devices and
  171         equipment to the commission, maintain records, file
  172         quarterly returns, and affix its name to the gaming
  173         equipment and supplies that it offers; requiring that
  174         the supplier licensee annually report its inventory to
  175         the commission; authorizing the commission to revoke a
  176         supplier’s license under certain circumstances;
  177         providing that the equipment of a supplier’s licensee
  178         which is used in unauthorized gaming will be forfeited
  179         to the county where the equipment is found; imposing a
  180         criminal penalty on a person who knowingly makes a
  181         false statement on an application for a supplier’s
  182         license; requiring a person to have an occupational
  183         license to serve as a limited gaming employee of a
  184         resort licensee; requiring a person to apply to the
  185         commission for an occupational license and pay an
  186         application fee; specifying information that an
  187         applicant must include in an application for an
  188         occupational license; specifying grounds for the
  189         commission to deny an application for an occupational
  190         license; imposing a criminal penalty on a person who
  191         knowingly makes a false statement on an application
  192         for an occupational license; authorizing the executive
  193         director of the commission to issue a temporary
  194         occupational or temporary supplier’s license under
  195         certain circumstances; requiring the commission to
  196         file quarterly reports with the Governor, the
  197         President of the Senate, and the Speaker of the House
  198         of Representatives; specifying procedures for the
  199         conduct of proceedings by the commission; authorizing
  200         the chair of the commission to assign a proceeding to
  201         less than the full commission; providing procedures
  202         for the resolution of certain disputes between a
  203         resort licensee and a patron; requiring a resort
  204         licensee to notify the commission of certain disputes
  205         with a patron involving amounts of $500 or more;
  206         requiring a resort licensee to notify a patron of the
  207         right to file a complaint with the commission
  208         regarding certain disputes of an amount less than
  209         $500; authorizing the commission to investigate
  210         disputes and to order a resort licensee to make a
  211         payment to a patron; providing for the enforcement of
  212         credit instruments; authorizing a resort licensee to
  213         accept an incomplete credit instrument and to complete
  214         incomplete credit instruments under certain
  215         circumstances; providing that existence of a mental
  216         disorder is not a defense or a valid counterclaim in
  217         an action to enforce a credit instrument; authorizing
  218         the commission to adopt rules prescribing the
  219         conditions under which a credit instrument may be
  220         presented to a bank; providing that a resort licensee
  221         has the right to exclude a person from its limited
  222         gaming facility; authorizing a person to request that
  223         the commission exclude her or him from limited gaming
  224         facilities; specifying the required contents of the
  225         request; providing that a self-excluded person who is
  226         found on a gaming floor may be arrested and prosecuted
  227         for criminal trespass; providing that a self-excluded
  228         person holds harmless the commission and licensees
  229         from claims for losses and damages under certain
  230         circumstances; amending s. 849.15, F.S.; authorizing
  231         slot machine gaming in a resort licensee and the
  232         transportation of slot machines pursuant to federal
  233         law; amending s. 849.231, F.S.; providing that a
  234         prohibition on gambling devices does not apply to
  235         limited gaming as authorized in the act; amending s.
  236         849.25, F.S.; providing that a prohibition on gaming
  237         does not apply to limited gaming as authorized in the
  238         act; providing an effective date.
  239  
  240  Be It Enacted by the Legislature of the State of Florida:
  241  
  242         Section 1. Subsection (7) is added to section 20.21,
  243  Florida Statutes, to read:
  244         20.21 Department of Revenue.—There is created a Department
  245  of Revenue.
  246         (7) The Destination Resort Commission is created within the
  247  Department of Revenue.
  248         Section 2. Subsection (17) is added to section 120.80,
  249  Florida Statutes, to read:
  250         120.80 Exceptions and special requirements; agencies.—
  251         (17) THE DESTINATION RESORT COMMISSION.
  252         (a) The Destination Resort Commission is exempt from the
  253  hearing and notice requirements of ss. 120.569 and 120.57(1)(a)
  254  in proceedings for the issuance, denial, renewal, or amendment
  255  of a destination resort license.
  256         (b) Section 120.60 does not apply to applications for a
  257  destination resort license.
  258         (c) Notwithstanding the provisions of s. 120.542, the
  259  Destination Resort Commission may not accept a petition for
  260  waiver or variance and may not grant any waiver or variance from
  261  the requirements of the Destination Resort Act, sections 3
  262  through 35 of this act.
  263         Section 3. This section and sections 4 through 35 of this
  264  act may be cited as the Destination Resort Act” or the “Resort
  265  Act.”
  266         Section 4. Definitions.—As used in the Resort Act, the
  267  term:
  268         (1) “Affiliate” means a person who, directly or indirectly,
  269  through one or more intermediaries:
  270         (a) Controls, is controlled by, or is under common control
  271  of;
  272         (b) Is in a partnership or joint venture relationship with;
  273  or
  274         (c) Is a shareholder of a corporation, a member of a
  275  limited liability company, or a partner in a limited liability
  276  partnership with,
  277  
  278  an applicant for a resort license or a resort licensee.
  279         (2) “Ancillary areas” includes the following areas within a
  280  limited gaming facility, unless the context otherwise requires:
  281         (a) Major aisles, the maximum area of which may not exceed
  282  the limit within any part of the limited gaming facility as
  283  specified by the commission.
  284         (b) Back-of-house facilities.
  285         (c) Any reception or information counter.
  286         (d) Any area designated for the serving or consumption of
  287  food and beverages.
  288         (e) Any retail outlet.
  289         (f) Any area designated for performances.
  290         (g) Any area designated for aesthetic or decorative
  291  displays.
  292         (h) Staircases, staircase landings, escalators, lifts, and
  293  lift lobbies.
  294         (i) Bathrooms.
  295         (j) Any other area that is not intended to be used for the
  296  conduct or playing of games or as a gaming pit as defined by
  297  rules of the commission or specified in the application for the
  298  destination resort license.
  299         (3) “Applicant, as the context requires, means a person
  300  who applies for a resort license, supplier’s license, or
  301  occupational license. A county, municipality, or other unit of
  302  government is prohibited from applying for a resort license.
  303         (4) “Chair” means the chair of the Destination Resort
  304  Commission.
  305         (5) “Commission” means the Destination Resort Commission.
  306         (6) “Conflict of interest” means a situation in which the
  307  private interest of a member, employee, or agent of the
  308  commission may influence his or her judgment in the performance
  309  of his or her public duty under the Resort Act. A conflict of
  310  interest includes, but is not limited to:
  311         (a) Any conduct that would lead a reasonable person having
  312  knowledge of all of the circumstances to conclude that the
  313  member, employee, or agent of the commission is biased against
  314  or in favor of an applicant.
  315         (b) The acceptance of any form of compensation from a
  316  source other than the commission for any services rendered as
  317  part of the official duties of the member, employee, or agent of
  318  the commission.
  319         (c) Participation in any business transaction with or
  320  before the commission in which the member, employee, or agent of
  321  the commission, or the parent, spouse, or child of a member,
  322  employee, or agent, has a financial interest.
  323         (7) “Department” means the Department of Revenue.
  324         (8) “Destination resort” or “resort” means a freestanding,
  325  land-based structure in which limited gaming may be conducted. A
  326  destination resort is a mixed-use development consisting of a
  327  combination of various tourism amenities and facilities,
  328  including, but not limited to, hotels, villas, restaurants,
  329  limited gaming facilities, convention facilities, attractions,
  330  entertainment facilities, service centers, and shopping centers.
  331         (9) “Destination resort license” or “resort license” means
  332  a license to operate and maintain a destination resort having a
  333  limited gaming facility.
  334         (10District” means any of the following five districts
  335  of the state:
  336         (a)District One: Escambia, Santa Rosa, Okaloosa, Walton,
  337  Holmes, Jackson, Washington, Bay, Calhoun, Gulf, Franklin,
  338  Liberty, Gadsden, Leon, Wakulla, Jefferson, Madison, Hamilton,
  339  Taylor, Lafayette, Suwannee, Columbia, Baker, Union, Bradford,
  340  Alachua, Gilchrist, Dixie, and Levy Counties.
  341         (b)District Two: Nassau, Duval, Clay, Putnam, St. Johns,
  342  Flagler, Marion, Volusia, Lake, Seminole, Orange, Hernando,
  343  Polk, and Osceola Counties.
  344         (c)District Three: Citrus, Sumter, Pasco, Pinellas,
  345  Hillsborough, Manatee, Hardee, DeSoto, Sarasota, Charlotte, Lee,
  346  Collier, Monroe, Highlands, Okeechobee, Glades, and Hendry
  347  Counties.
  348         (d)District Four: Brevard, Indian River, St. Lucie,
  349  Martin, and Palm Beach Counties.
  350         (e)District Five: Broward and Miami-Dade Counties.
  351         (11) “Executive director” means the executive director of
  352  the commission.
  353         (12) “Financial interest” or “financially interested” means
  354  any interest in investments or awarding of contracts, grants,
  355  loans, purchases, leases, sales, or similar matters under
  356  consideration or consummated by the commission, or ownership in
  357  an applicant or a licensee. A member, employee, or agent of the
  358  commission is deemed to have a financial interest in a matter
  359  if:
  360         (a) The individual owns any interest in any class of
  361  outstanding securities that are issued by a party to the matter
  362  under consideration by the commission, except indirect interests
  363  such as a mutual fund; or
  364         (b) The individual is employed by or is an independent
  365  contractor for a party to a matter under consideration by the
  366  commission.
  367         (13) “Gaming pit” means an area commonly known as a gaming
  368  pit or any similar area from which limited gaming employees
  369  administer and supervise the games.
  370         (14) “Gross receipts” means the total of cash or cash
  371  equivalents received or retained as winnings by a resort
  372  licensee and the compensation received for conducting any game
  373  in which the resort licensee is not party to a wager, less cash
  374  taken in fraudulent acts perpetrated against the resort licensee
  375  for which the resort licensee is not reimbursed. The term does
  376  not include:
  377         (a) Counterfeit money or tokens;
  378         (b)Coins of other countries which are received in gaming
  379  devices and which cannot be converted into United States
  380  currency;
  381         (c) Promotional credits or “free play” as provided by the
  382  resort licensee as a means of marketing the limited gaming
  383  facility; or
  384         (d)The amount of any credit extended until collected.
  385         (15) “Individual” means a natural person.
  386         (16) “Institutional investor” means, but is not limited to:
  387         (a) A retirement fund administered by a public agency for
  388  the exclusive benefit of federal, state, or county public
  389  employees.
  390         (b) An employee benefit plan or pension fund that is
  391  subject to the Employee Retirement Income Security Act of 1974
  392  (ERISA).
  393         (c) An investment company registered under the Investment
  394  Company Act of 1940.
  395         (d) A collective investment trust organized by a bank under
  396  12 C.F.R. part 9, s. 9.18.
  397         (e) A closed-end investment trust.
  398         (f) A life insurance company or property and casualty
  399  insurance company.
  400         (g) A financial institution.
  401         (h) An investment advisor registered under the Investment
  402  Advisers Act of 1940.
  403         (17) “Junket enterprise” means any person who, for
  404  compensation, employs or otherwise engages in the procurement or
  405  referral of persons for a junket to a destination resort
  406  licensed under the Resort Act regardless of whether those
  407  activities occur within this state. The term does not include a
  408  resort licensee or applicant for a resort license or a person
  409  holding an occupational license.
  410         (18) “License,” as the context requires, means a resort
  411  license, supplier’s license, or an occupational license.
  412         (19) “Licensee, as the context requires, means a person
  413  who is licensed as resort licensee, supplier licensee, or
  414  occupational licensee.
  415         (20) “Limited gaming,” “game,” or “gaming,” as the context
  416  requires, means the games authorized pursuant to the Resort Act
  417  in a limited gaming facility, including, but not limited to,
  418  those commonly known as baccarat, twenty-one, poker, craps, slot
  419  machines, video gaming of chance, roulette wheels, Klondike
  420  tables, punch-board, faro layout, numbers ticket, push car, jar
  421  ticket, pull tab, or their common variants, or any other game of
  422  chance or wagering device that is authorized by the commission.
  423         (21Limited gaming employee” means any employee of a
  424  resort licensee, including, but not limited to:
  425         (a) Cashiers.
  426         (b) Change personnel.
  427         (c) Count room personnel.
  428         (d) Slot machine attendants.
  429         (e) Hosts or other individuals authorized to extend
  430  complimentary services, including employees performing functions
  431  similar to those performed by a representative for a junket
  432  enterprise.
  433         (f) Machine mechanics, computer machine technicians, or
  434  table game device technicians.
  435         (g) Security personnel.
  436         (h) Surveillance personnel.
  437         (i) Promotional play supervisors, credit supervisors, pit
  438  supervisors, cashier supervisors, shift supervisors, table game
  439  managers, assistant managers, and other supervisors and
  440  managers.
  441         (j) Boxmen.
  442         (k) Dealers or croupiers.
  443         (l) Floormen.
  444         (m) Personnel authorized to issue promotional credits.
  445         (n) Personnel authorized to issue credit.
  446  
  447  The term includes an employee of a person holding a supplier’s
  448  license whose duties are directly involved with the repair or
  449  distribution of slot machines or table game devices or
  450  associated equipment sold or provided to a resort licensee. The
  451  term does not include bartenders, cocktail servers, or other
  452  persons solely engaged in preparing or serving food or
  453  beverages, clerical or secretarial personnel, parking
  454  attendants, janitorial staff, stage hands, sound and light
  455  technicians, and other nongaming personnel as determined by the
  456  commission. The term includes a person employed by a person or
  457  entity other than a resort licensee who performs the functions
  458  of a limited gaming employee.
  459         (22)“Limited gaming facility” means the limited gaming
  460  floor and any ancillary areas.
  461         (23) “Limited gaming floor” means the approved gaming area
  462  of a resort. Ancillary areas in or directly adjacent to the
  463  gaming area are not part of the limited gaming floor for
  464  purposes of calculating the size of the limited gaming floor.
  465         (24) “Managerial employee” has the same meaning as in s.
  466  447.203(4), Florida Statutes.
  467         (25) “Occupational licensee” means a person who is licensed
  468  to be a limited gaming employee.
  469         (26) “Qualifier” means an affiliate, affiliated company,
  470  officer, director, or managerial employee of an applicant for a
  471  resort license, or a person who holds a direct or indirect
  472  equity interest in the applicant. The term may include an
  473  institutional investor. As used in this subsection, the terms
  474  “affiliate,” “affiliated company, and “a person who holds a
  475  direct or indirect equity interest in the applicant” do not
  476  include a partnership, a joint venture relationship, a
  477  shareholder of a corporation, a member of a limited liability
  478  company, or a partner in a limited liability partnership that
  479  has a direct or indirect equity interest in the applicant for a
  480  resort license of 5 percent or less and is not involved in the
  481  gaming operations as defined by the rules of the commission.
  482         (27) “Supplier licensee or “supplier” means a person who
  483  is licensed to furnish gaming equipment, devices, or supplies or
  484  other goods or services to a resort licensee.
  485         (28) “Wagerer” means a person who plays a game authorized
  486  under the Resort Act.
  487         Section 5. Destination Resort Commission; creation and
  488  membership.
  489         (1) CREATION.—There is created the Destination Resort
  490  Commission assigned to the Department of Revenue for
  491  administrative purposes only. The commission is a separate
  492  budget entity not subject to control, supervision, or direction
  493  by the Department of Revenue in any manner, including, but not
  494  limited to, personnel, purchasing, transactions involving real
  495  or personal property, and budgetary matters. The commission
  496  shall be composed of seven members who are residents of the
  497  state and who have experience in corporate finance, tourism,
  498  convention and resort management, gaming, investigation or law
  499  enforcement, business law, or related legal experience. The
  500  members of the commission shall serve as the agency head of the
  501  Destination Resort Commission. The commission is exempt from the
  502  provisions of s. 20.052, Florida Statutes.
  503         (2) MEMBERS.—The members shall be appointed by the Governor
  504  and confirmed by the Senate in the legislative session following
  505  appointment. Each member shall be appointed to a 4-year term.
  506  However, for the purpose of providing staggered terms, of the
  507  initial appointments, four members shall be appointed to 4-year
  508  terms and three members shall be appointed to 2-year terms.
  509  Terms expire on June 30. Upon the expiration of the term of a
  510  commissioner, the Governor shall appoint a successor to serve
  511  for a 4-year term. A commissioner whose term has expired shall
  512  continue to serve on the commission until such time as a
  513  replacement is appointed. If a vacancy on the commission occurs
  514  before the expiration of the term, it shall be filled for the
  515  unexpired portion of the term in the same manner as the original
  516  appointment.
  517         (a)1. One member of the commission must be a certified
  518  public accountant licensed in this state who possesses at least
  519  5 years of experience in general accounting. The member must
  520  also possess a comprehensive knowledge of the principles and
  521  practices of corporate finance or auditing, general finance,
  522  gaming, or economics.
  523         2. One member of the commission must have experience in the
  524  fields of investigation or law enforcement.
  525         3. Each district must be represented by at least one member
  526  of the commission who must reside in that district.
  527         4. When making appointments to the commission, the Governor
  528  shall announce the district and classification by experience of
  529  the person appointed.
  530         (b) A person may not be appointed to or serve as a member
  531  of the commission if the person:
  532         1. Is an elected state official;
  533         2. Is licensed by the commission, or is an officer of, has
  534  a financial interest in, or has a direct or indirect contractual
  535  relationship with, any applicant for a resort license or resort
  536  licensee;
  537         3. Is related to any person within the second degree of
  538  consanguinity or affinity who is licensed by the commission; or
  539         4. Has, within the 10 years preceding his or her
  540  appointment, been under indictment for, convicted of, pled
  541  guilty or nolo contendere to, or forfeited bail for a felony or
  542  a misdemeanor involving gambling or fraud under the laws of this
  543  or any other state or the United States.
  544         (c) Members of the commission shall serve full time.
  545         (3) CHAIR AND VICE CHAIR.—
  546         (a)The chair shall be appointed by the Governor. The vice
  547  chair of the commission shall be elected by the members of the
  548  commission during the first meeting of the commission on or
  549  after July 1 of each year. The chair shall be the administrative
  550  head of the commission. The chair shall set the agenda for each
  551  meeting. The chair shall approve all notices, vouchers,
  552  subpoenas, and reports as required by the Resort Act. The chair
  553  shall preserve order and decorum and shall have general control
  554  of the commission meetings. The chair shall decide all questions
  555  of order. The chair may name any member of the commission to
  556  perform the duties of the chair for a meeting if such
  557  substitution does not extend beyond that meeting.
  558         (b)If for any reason the chair is absent and fails to name
  559  a member, the vice chair shall assume the duties of the chair
  560  during the chair’s absence. On the death, incapacitation, or
  561  resignation of the chair, the vice chair shall perform the
  562  duties of the office until the Governor appoints a successor.
  563         (c)The administrative responsibilities of the chair are to
  564  plan, organize, and control administrative support services for
  565  the commission. Administrative functions include, but are not
  566  limited to, finance and accounting, revenue accounting,
  567  personnel, and office services.
  568         (4) QUORUM.—Four members of the commission constitute a
  569  quorum.
  570         (5) HEADQUARTERS.—The headquarters of the commission shall
  571  be located in Tallahassee.
  572         (6) MEETINGS.—The commission must meet at least monthly.
  573  Meetings may be called by the chair or by four members of the
  574  commission upon 72 hours’ public notice. The initial meeting of
  575  the commission must be held by October 1, 2011.
  576         (7) AGENCY HEAD.—The commission shall serve as the agency
  577  head for purposes of chapter 120, Florida Statutes. The
  578  executive director of the commission may serve as the agency
  579  head for purposes of final agency action under chapter 120,
  580  Florida Statutes, for all areas within the regulatory authority
  581  delegated to the executive director’s office.
  582         Section 6. Destination Resort Commission; powers and
  583  duties.
  584         (1)The commission has jurisdiction over and shall
  585  supervise all destination resort limited gaming activity
  586  governed by the Resort Act, including the power to:
  587         (a) Authorize limited gaming at five destination resorts.
  588         (b) Conduct such investigations as necessary to fulfill its
  589  responsibilities.
  590         (c)Use an invitation to negotiate process for applicants
  591  based on minimum requirements established by the Resort Act and
  592  rules of the commission.
  593         (d) Investigate applicants for a resort license and
  594  determine the eligibility of applicants for a resort license and
  595  to select from competing applicants the applicant that best
  596  serves the interests of the residents of Florida, based on the
  597  potential for economic development presented by the applicant’s
  598  proposed investment in infrastructure, such as hotels and other
  599  nongaming entertainment facilities, and the applicant’s ability
  600  to maximize revenue for the state.
  601         (e)Grant a license to the applicant best suited to operate
  602  a destination resort that has limited gaming.
  603         (f) Establish and collect fees for performing background
  604  checks on all applicants for licenses and all persons with whom
  605  the commission may contract for the providing of goods or
  606  services and for performing, or having performed, tests on
  607  equipment and devices to be used in a limited gaming facility.
  608         (g) Issue subpoenas for the attendance of witnesses and
  609  subpoenas duces tecum for the production of books, records, and
  610  other pertinent documents as provided by law, and to administer
  611  oaths and affirmations to the witnesses, if, in the judgment of
  612  the commission, it is necessary to enforce the Resort Act or
  613  commission rules. If a person fails to comply with a subpoena,
  614  the commission may petition the circuit court of the county in
  615  which the person subpoenaed resides or has his or her principal
  616  place of business for an order requiring the subpoenaed person
  617  to appear and testify and to produce books, records, and
  618  documents as specified in the subpoena. The court may grant
  619  legal, equitable, or injunctive relief, which may include, but
  620  is not limited to, issuance of a writ of ne exeat or restraint
  621  by injunction or appointment of a receiver of any transfer,
  622  pledge, assignment, or other disposition of such person’s assets
  623  or any concealment, alteration, destruction, or other
  624  disposition of subpoenaed books, records, or documents, as the
  625  court deems appropriate, until the person subpoenaed has fully
  626  complied with the subpoena and the commission has completed the
  627  audit, examination, or investigation. The commission is entitled
  628  to the summary procedure provided in s. 51.011, Florida
  629  Statutes, and the court shall advance the cause on its calendar.
  630  Costs incurred by the commission to obtain an order granting, in
  631  whole or in part, such petition for enforcement of a subpoena
  632  shall be charged against the subpoenaed person, and failure to
  633  comply with such order is a contempt of court.
  634         (h) Require or permit a person to file a statement in
  635  writing, under oath or otherwise as the commission or its
  636  designee requires, as to all the facts and circumstances
  637  concerning the matter to be audited, examined, or investigated.
  638         (i) Keep accurate and complete records of its proceedings
  639  and to certify the records as may be appropriate.
  640         (j) Take any other action as may be reasonable or
  641  appropriate to enforce the Resort Act and rules adopted by the
  642  commission.
  643         (k) Apply for injunctive or declaratory relief in a court
  644  of competent jurisdiction to enforce the Resort Act and any
  645  rules adopted by the commission.
  646         (l) Establish field offices, as deemed necessary by the
  647  commission.
  648         (2) The Department of Law Enforcement and local law
  649  enforcement agencies have concurrent jurisdiction to investigate
  650  criminal violations of the Resort Act and may investigate any
  651  other criminal violation of law occurring at the limited gaming
  652  facilities. Such investigations may be conducted in conjunction
  653  with the appropriate state attorney.
  654         (3)(a) The commission, the Department of Law Enforcement,
  655  and local law enforcement agencies have unrestricted access to
  656  the limited gaming facility at all times and shall require of
  657  each resort licensee strict compliance with the laws of this
  658  state relating to the transaction of such business. The
  659  commission, the Department of Law Enforcement, and local law
  660  enforcement agencies may:
  661         1. Inspect and examine premises where authorized limited
  662  gaming devices are offered for play.
  663         2. Inspect slot machines, other authorized gaming devices,
  664  and related equipment and supplies.
  665         (b) In addition, the commission may:
  666         1. Collect taxes, assessments, fees, and penalties.
  667         2. Deny, revoke, suspend, or place conditions on a licensee
  668  who violates any provision of the Resort Act, a rule adopted by
  669  the commission, or an order of the commission.
  670         (4) The commission must revoke or suspend the license of
  671  any person who is no longer qualified or who is found, after
  672  receiving a license, to have been unqualified at the time of
  673  application for the license.
  674         (5) This section does not:
  675         (a) Prohibit the Department of Law Enforcement or any law
  676  enforcement authority whose jurisdiction includes a resort
  677  licensee or a supplier licensee from conducting investigations
  678  of criminal activities occurring at the facilities of a resort
  679  licensee or supplier licensee;
  680         (b) Restrict access to the limited gaming facility by the
  681  Department of Law Enforcement or any local law enforcement
  682  authority whose jurisdiction includes a resort licensee’s
  683  facility; or
  684         (c) Restrict access by the Department of Law Enforcement or
  685  a local law enforcement agency to information and records
  686  necessary for the investigation of criminal activity which are
  687  contained within the facilities of a resort licensee or supplier
  688  licensee.
  689         Section 7. Rulemaking.—
  690         (1) The commission shall adopt all rules necessary to
  691  implement, administer, and regulate limited gaming under the
  692  Destination Resort Act. The rules must include:
  693         (a)The types of limited gaming activities to be conducted
  694  and the rules for those games, including any restriction upon
  695  the time, place, and structures where limited gaming is
  696  authorized.
  697         (b)Requirements, procedures, qualifications, and grounds
  698  for the issuance, renewal, revocation, suspension, and summary
  699  suspension of a resort license, supplier’s license, or
  700  occupational license.
  701         (c)Requirements for the disclosure of the complete
  702  financial interests of licensees and applicants for licenses.
  703         (d) Technical requirements and the qualifications that are
  704  necessary to receive a license.
  705         (e) Procedures to scientifically test and technically
  706  evaluate slot machines and other authorized gaming devices for
  707  compliance with the Resort Act and the rules adopted by the
  708  commission. The commission may contract with an independent
  709  testing laboratory to conduct any necessary testing. The
  710  independent testing laboratory must have a national reputation
  711  for being demonstrably competent and qualified to scientifically
  712  test and evaluate slot machines and other authorized gaming
  713  devices. An independent testing laboratory may not be owned or
  714  controlled by a licensee. The use of an independent testing
  715  laboratory for any purpose related to the conduct of slot
  716  machine gaming and other authorized gaming by a resort licensee
  717  shall be made from a list of laboratories approved by the
  718  commission.
  719         (f) Procedures relating to limited gaming revenues,
  720  including verifying and accounting for such revenues, auditing,
  721  and collecting taxes and fees.
  722         (g)Requirements for limited gaming equipment, including
  723  the types and specifications of all equipment and devices that
  724  may be used in limited gaming facilities.
  725         (h) Procedures for regulating, managing, and auditing the
  726  operation, financial data, and program information relating to
  727  limited gaming which allow the commission and the Department of
  728  Law Enforcement to audit the operation, financial data, and
  729  program information of a resort licensee, as required by the
  730  commission or the Department of Law Enforcement, and provide the
  731  commission and the Department of Law Enforcement with the
  732  ability to monitor, at any time on a real-time basis, wagering
  733  patterns, payouts, tax collection, and compliance with any rules
  734  adopted by the commission for the regulation and control of
  735  limited gaming. Such continuous and complete access, at any time
  736  on a real-time basis, shall include the ability of either the
  737  commission or the Department of Law Enforcement to suspend play
  738  immediately on particular slot machines or other gaming devices
  739  if monitoring of the facilities-based computer system indicates
  740  possible tampering or manipulation of those slot machines or
  741  gaming devices or the ability to suspend play immediately of the
  742  entire operation if the tampering or manipulation is of the
  743  computer system itself. The commission shall notify the
  744  Department of Law Enforcement or the Department of Law
  745  Enforcement shall notify the commission, as appropriate,
  746  whenever there is a suspension of play pursuant this paragraph.
  747  The commission and the Department of Law Enforcement shall
  748  exchange information that is necessary for, and cooperate in the
  749  investigation of, the circumstances requiring suspension of play
  750  pursuant to this paragraph.
  751         (i) Procedures for requiring each resort licensee at his or
  752  her own cost and expense to supply the commission with a bond as
  753  required.
  754         (j) Procedures for requiring licensees to maintain and to
  755  provide to the commission records, data, information, or
  756  reports, including financial and income records.
  757         (k) Procedures to calculate the payout percentages of slot
  758  machines.
  759         (l) Minimum standards for security of the facilities,
  760  including floor plans, security cameras, and other security
  761  equipment.
  762         (m)The scope and conditions for investigations and
  763  inspections into the conduct of limited gaming.
  764         (n)The standards and procedures for the seizure without
  765  notice or hearing of gaming equipment, supplies, or books and
  766  records for the purpose of examination and inspection.
  767         (o) Procedures for requiring resort licensees and supplier
  768  licensees to implement and establish drug-testing programs for
  769  all employees.
  770         (p) Procedures and guidelines for the continuous recording
  771  of all gaming activities at a limited gaming facility. The
  772  commission may require a resort licensee to timely provide all
  773  or part of the original recordings pursuant to a schedule.
  774         (q)The payment of costs incurred by the commission or any
  775  other agencies for investigations or background checks or costs
  776  associated with testing limited gaming related equipment, which
  777  must be paid by an applicant for a license or a licensee.
  778         (r)The levying of fines for violations of the Resort Act
  779  or any rule adopted by the commission, which fines may not
  780  exceed $250,000 per violation arising out of a single
  781  transaction.
  782         (s)The amount of any application fee or fee to renew an
  783  occupational license or a suppliers license.
  784         (t)Any other rule necessary to accomplish the purposes of
  785  the Resort Act.
  786         (2) The commission may at any time adopt emergency rules
  787  pursuant to s. 120.54, Florida Statutes. The Legislature finds
  788  that such emergency rulemaking power is necessary for the
  789  preservation of the rights and welfare of the people in order to
  790  provide additional funds to benefit the public. The Legislature
  791  further finds that the unique nature of limited gaming
  792  operations requires, from time to time, that the commission
  793  respond as quickly as is practicable. Therefore, in adopting
  794  such emergency rules, the commission need not make the findings
  795  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
  796  adopted under this section are exempt from s. 120.54(4)(c),
  797  Florida Statutes. However, the emergency rules may not remain in
  798  effect for more than 180 days except that the commission may
  799  renew the emergency rules during the pendency of procedures to
  800  adopt permanent rules addressing the subject of the emergency
  801  rules.
  802         Section 8. Law enforcement officers.—
  803         (1) The commission may employ sworn law enforcement
  804  officers to enforce any criminal law, conduct any criminal
  805  investigation, or enforce any statute within the jurisdiction of
  806  the commission.
  807         (2) Each law enforcement officer must meet the
  808  qualifications for law enforcement officers under s. 943.13,
  809  Florida Statutes, and must be certified as a law enforcement
  810  officer by the Department of Law Enforcement. Upon
  811  certification, each law enforcement officer is subject to and
  812  has the authority provided to law enforcement officers generally
  813  under chapter 901, Florida Statutes, and has statewide
  814  jurisdiction.
  815         (3) Each officer has arrest authority as provided for state
  816  law enforcement officers under s. 901.15, Florida Statutes, and
  817  full law enforcement powers granted to other officers of this
  818  state, including the authority to make arrests, carry firearms,
  819  serve court process, and seize contraband and proceeds from
  820  illegal activities.
  821         (4) Each law enforcement officer of the commission, upon
  822  certification under s. 943.1395, Florida Statutes, has the same
  823  right and authority to carry arms as do the sheriffs of this
  824  state.
  825         Section 9. Executive director.—The commission shall appoint
  826  or remove the executive director of the commission by a majority
  827  vote. An interim executive director shall be appointed within 10
  828  days after the initial meeting of the commission.
  829         (1) The executive director:
  830         (a) Shall devote full time to the duties of the office;
  831         (b) May not hold any other office or employment;
  832         (c) Shall perform all duties assigned by the commission;
  833  and
  834         (d) May hire assistants and employees as necessary to
  835  conduct the business of the commission, and consultants
  836  necessary for the efficient operation of destination resorts.
  837         (2)(a) The executive director may not employ a person who,
  838  during the 3 years immediately preceding employment, held a
  839  direct or indirect interest in, or was employed by:
  840         1. A resort licensee or supplier licensee;
  841         2. An applicant for a resort license or an applicant for a
  842  similar license in another jurisdiction;
  843         3. An entity licensed to operate a gaming facility in
  844  another state;
  845         4. A pari-mutuel gaming facility licensed to operate in
  846  this state; or
  847         5. A tribal gaming facility within this state.
  848         (b) Notwithstanding paragraph (a), a person may be employed
  849  by the commission if the commission finds that the person’s
  850  former interest in any licensee will not interfere with the
  851  objective discharge of the person’s employment obligations.
  852  However, a person may not be employed by the commission if:
  853         1. The person’s interest in an applicant, licensee, or
  854  tribal facility constituted a controlling interest; or
  855         2. The person, or the person’s spouse, parent, child,
  856  child’s spouse, or sibling, is a member of the commission, or a
  857  director of, or person financially interested in, an applicant
  858  or a licensee.
  859         Section 10. Code of ethics.—
  860         (1) The commission shall adopt a code of ethics by rule for
  861  its members, employees, and agents.
  862         (2) A member of the commission or the executive director
  863  may not hold a direct or indirect interest in, be employed by,
  864  or enter into a contract for service with an applicant or person
  865  licensed by the commission for a period of 5 years after the
  866  date of termination of the person’s membership on or employment
  867  with the commission.
  868         (3) An employee of the commission may not acquire a direct
  869  or indirect interest in, be employed by, or enter into a
  870  contract for services with an applicant or person licensed by
  871  the commission for a period of 3 years after the date of
  872  termination of the person’s employment with the commission.
  873         (4) A commission member or a person employed by the
  874  commission may not represent a person or party other than the
  875  state before or against the commission for a period of 3 years
  876  after the date of termination of the member’s term of office or
  877  the employee’s period of employment with the commission.
  878         (5) A business entity in which a former commission member,
  879  employee, or agent has an interest, or any partner, officer, or
  880  employee of that business entity, may not appear before or
  881  represent another person before the commission if the former
  882  commission member, employee, or agent would be prohibited from
  883  doing so. As used in this subsection, the term “business entity”
  884  means a corporation, limited liability company, partnership,
  885  limited liability partnership association, trust, or other form
  886  of legal entity.
  887         (6) A member, employee, or agent of the commission may not
  888  engage in political activity or politically related activity
  889  during the duration of the person’s appointment or employment.
  890  As used in this paragraph, the terms “political activity” or
  891  “politically related activity” include:
  892         (a) Using the person’s official authority or influence for
  893  the purpose of interfering with or affecting the result of an
  894  election;
  895         (b) Knowingly soliciting, accepting, or receiving political
  896  contributions from any person;
  897         (c) Running for nomination or as a candidate for election
  898  to a partisan political office; or
  899         (d) Knowingly soliciting or discouraging the participation
  900  in any political activity of any person who is:
  901         1. Applying for any compensation, grant, contract, ruling,
  902  license, permit, or certificate pending before the commission;
  903  or
  904         2. The subject of or a participant in an ongoing audit,
  905  investigation, or enforcement action being carried out by the
  906  commission.
  907         (7) A former member, employee, or agent of the commission
  908  may appear before the commission as a witness testifying as to
  909  factual matters or actions handled by the former member,
  910  employee, or agent during his or her tenure with the commission.
  911  However, the former member, employee, or agent of the commission
  912  may not receive compensation for the appearance other than a
  913  standard witness fee and reimbursement for travel expenses as
  914  established by statute or rules governing administrative
  915  proceedings before the Division of Administrative Hearings.
  916         (8)(a) The executive director must approve outside
  917  employment for an employee or agent of the commission.
  918         (b) An employee or agent of the commission granted
  919  permission for outside employment may not conduct any business
  920  or perform any activities, including solicitation, related to
  921  outside employment on premises used by the commission or during
  922  the employee’s working hours for the commission.
  923         (c) As used in this subsection, the term “outside
  924  employment” includes, but is not limited to:
  925         1. Operating a proprietorship;
  926         2. Participating in a partnership or group business
  927  enterprise; or
  928         3. Performing as a director or corporate officer of any
  929  for-profit corporation or banking or credit institution.
  930         (9) A member, employee, or agent of the commission may not
  931  participate in or wager on any game conducted by any resort
  932  licensee or applicant or any affiliate of a licensee or
  933  applicant regulated by the commission in this state or in any
  934  other jurisdiction, except as required as part of the person’s
  935  surveillance, security, or other official duties.
  936         Section 11. Disclosures by commissioners, employees, and
  937  agents.—
  938         (1) COMMISSIONERS.—
  939         (a) Each member of the commission shall file a financial
  940  disclosure statement pursuant to s. 112.3145, Florida Statutes.
  941         (b) Each member must disclose information required by rules
  942  of the commission to ensure the integrity of the commission and
  943  its work.
  944         (c) By January 1 of each year, each member must file a
  945  statement with the commission:
  946         1. Affirming that the member, and the member’s spouse,
  947  parent, child, or child’s spouse, is not a member of the board
  948  of directors of, financially interested in, or employed by an
  949  applicant or resort licensee.
  950         2. Affirming that the member is in compliance with the
  951  Resort Act and the rules of the commission.
  952         3. Disclosing any legal or beneficial interest in real
  953  property that is or may be directly or indirectly involved with
  954  activities or persons regulated by the commission.
  955         (d) Each member must disclose involvement with any gaming
  956  interest in the 5 years preceding appointment as a member.
  957         (2) EMPLOYEES AND AGENTS.—
  958         (a) The executive director and each managerial employee and
  959  agent, as determined by the commission, shall file a financial
  960  disclosure statement pursuant to s. 112.3145, Florida Statutes.
  961  All employees and agents must comply with the provisions of
  962  chapter 112, Florida Statutes.
  963         (b) The executive director and each managerial employee and
  964  agent identified by rule of the commission must disclose
  965  information required by rules of the commission to ensure the
  966  integrity of the commission and its work.
  967         (c) By January 31 of each year, each employee and agent of
  968  the commission must file a statement with the commission:
  969         1. Affirming that the employee, and the employee’s spouse,
  970  parent, child, or child’s spouse, is not financially interested
  971  in or employed by an applicant or licensee.
  972         2. Affirming that the person does not have any financial
  973  interest prohibited by laws or rules administered by the
  974  commission.
  975         3. Disclosing any legal or beneficial interest in real
  976  property that is or may be directly or indirectly involved with
  977  activities or persons regulated by the commission.
  978         (d) Each employee or agent of the commission must disclose
  979  involvement with any gaming interest during the 5 years before
  980  employment.
  981         (3) CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.—
  982         (a) A member, employee, or agent of the commission who
  983  becomes aware that the member, employee, or agent of the
  984  commission or his or her spouse, parent, or child is a member of
  985  the board of directors of, financially interested in, or
  986  employed by an applicant or licensee must immediately provide
  987  detailed written notice to the chair.
  988         (b) A member, employee, or agent of the commission must
  989  immediately provide detailed written notice of the circumstances
  990  to the chair if the member, employee, or agent is indicted,
  991  charged with, convicted of, pleads guilty or nolo contendere to,
  992  or forfeits bail for:
  993         1. A misdemeanor involving gambling, dishonesty, theft, or
  994  fraud;
  995         2. A violation of any law in any state, or a law of the
  996  United States or any other jurisdiction, involving gambling,
  997  dishonesty, theft, or fraud which substantially corresponds to a
  998  misdemeanor in this state; or
  999         3. A felony under the laws of this or any other state, or
 1000  the laws of the United States, or any other jurisdiction.
 1001         (c) A member, employee, or agent of the commission who is
 1002  negotiating for an interest in a licensee or an applicant, or is
 1003  affiliated with such a person, must immediately provide written
 1004  notice of the details of the interest to the chair. The member,
 1005  employee, or agent of the commission may not act on behalf of
 1006  the commission with respect to that person.
 1007         (d) A member, employee, or agent of the commission may not
 1008  enter into negotiations for employment with any person or
 1009  affiliate of any person who is an applicant, licensee, or an
 1010  affiliate. If a member, employee, or agent of the commission
 1011  enters into negotiations for employment in violation of this
 1012  paragraph or receives an invitation, written or oral, to
 1013  initiate a discussion concerning employment with any person who
 1014  is a licensee, applicant, or an affiliate, he or she must
 1015  immediately provide written notice of the details of any such
 1016  negotiations or discussions to the chair. The member, employee,
 1017  or agent of the commission may not take any action on behalf of
 1018  the commission with respect to that licensee or applicant.
 1019         (e) A licensee or applicant may not knowingly initiate a
 1020  negotiation for, or discussion of, employment with a member,
 1021  employee, or agent of the commission. A licensee or applicant
 1022  who initiates a negotiation or discussion about employment shall
 1023  immediately provide written notice of the details of the
 1024  negotiation or discussion to the chair as soon as that person
 1025  becomes aware that the negotiation or discussion has been
 1026  initiated with a member, employee, or agent of the commission.
 1027         (f) A member, employee, or agent of the commission, or a
 1028  parent, spouse, sibling, or child of a member, employee, or
 1029  agent of the commission, may not accept any gift, gratuity,
 1030  compensation, travel, lodging, or anything of value, directly or
 1031  indirectly, from a licensee, applicant, or affiliate or
 1032  representative of a person regulated by the commission unless
 1033  the acceptance is permitted under the rules of the commission
 1034  and conforms with chapter 112, Florida Statutes. A member,
 1035  employee, or agent of the commission who is offered or receives
 1036  any gift, gratuity, compensation, travel, lodging, or anything
 1037  of value, directly or indirectly, from any licensee or an
 1038  applicant or affiliate or representative of a person regulated
 1039  by the commission must immediately provide written notice of the
 1040  details to the chair.
 1041         (g) A licensee, applicant, or affiliate or representative
 1042  of an applicant or licensee may not, directly or indirectly,
 1043  knowingly give or offer to give any gift, gratuity,
 1044  compensation, travel, lodging, or anything of value to any
 1045  member, employee, or agent, or to a parent, spouse, sibling, or
 1046  child of a member, employee, or agent, which the member,
 1047  employee, or agent is prohibited from accepting under paragraph
 1048  (f).
 1049         (h) A member, employee, or agent of the commission may not
 1050  engage in any conduct that constitutes a conflict of interest,
 1051  and must immediately advise the chair in writing of the details
 1052  of any incident or circumstances that would suggest the
 1053  existence of a conflict of interest with respect to the
 1054  performance of commission-related work or duty of the member,
 1055  employee, or agent of the commission.
 1056         (i) A member, employee, or agent of the commission who is
 1057  approached and offered a bribe must immediately provide a
 1058  written account of the details of the incident to the chair and
 1059  to a law enforcement agency having jurisdiction over the matter.
 1060         Section 12. Ex parte communications.—
 1061         (1) A licensee, applicant, or any affiliate or
 1062  representative of an applicant or licensee may not engage
 1063  directly or indirectly in ex parte communications concerning a
 1064  pending application, license, or enforcement action with a
 1065  member of the commission or concerning a matter that likely will
 1066  be pending before the commission. A member of the commission may
 1067  not engage directly or indirectly in any ex parte communications
 1068  concerning a pending application, license, or enforcement action
 1069  with members of the commission, or with a licensee, applicant,
 1070  or any affiliate or representative of an applicant or licensee,
 1071  or concerning a matter that likely will be pending before the
 1072  commission.
 1073         (2) Any commission member, licensee, applicant, or
 1074  affiliate or representative of a commission member, licensee, or
 1075  applicant who receives any ex parte communication in violation
 1076  of subsection (1), or who is aware of an attempted communication
 1077  in violation of subsection (1), must immediately report details
 1078  of the communication or attempted communication in writing to
 1079  the chair.
 1080         (3) If a commissioner knowingly receives an ex parte
 1081  communication relative to a proceeding to which he or she is
 1082  assigned, he or she must place on the record copies of all
 1083  written communications received, copies of all written responses
 1084  to the communications, and a memorandum stating the substance of
 1085  all oral communications received and all oral responses made,
 1086  and shall give written notice to all parties to the
 1087  communication that such matters have been placed on the record.
 1088  Any party who desires to respond to an ex parte communication
 1089  may do so. The response must be received by the commission
 1090  within 10 days after receiving notice that the ex parte
 1091  communication has been placed on the record. The commissioner
 1092  may, if he or she deems it necessary to eliminate the effect of
 1093  an ex parte communication received by him or her, withdraw from
 1094  the proceeding potentially impacted by the ex parte
 1095  communication. After a commissioner withdraws from the
 1096  proceeding, the chair shall substitute another commissioner for
 1097  the proceeding if the proceeding was not assigned to the full
 1098  commission.
 1099         (4) Any individual who makes an ex parte communication must
 1100  submit to the commission a written statement describing the
 1101  nature of such communication, including the name of the person
 1102  making the communication, the name of the commissioner or
 1103  commissioners receiving the communication, copies of all written
 1104  communications made, all written responses to such
 1105  communications, and a memorandum stating the substance of all
 1106  oral communications received and all oral responses made. The
 1107  commission shall place on the record of a proceeding all such
 1108  communications.
 1109         (5) A member of the commission who knowingly fails to place
 1110  on the record any ex parte communications, in violation of this
 1111  section, within 15 days after the date of the communication is
 1112  subject to removal and may be assessed a civil penalty not to
 1113  exceed $5,000.
 1114         (6) The Commission on Ethics shall receive and investigate
 1115  sworn complaints of violations of this section pursuant to ss.
 1116  112.322-112.3241, Florida Statutes.
 1117         (7) If the Commission on Ethics finds that a member of the
 1118  commission has violated this section, it shall provide the
 1119  Governor with a report of its findings and recommendations. The
 1120  Governor may enforce the findings and recommendations of the
 1121  Commission on Ethics pursuant to part III of chapter 112,
 1122  Florida Statutes.
 1123         (8) If a commissioner fails or refuses to pay the
 1124  Commission on Ethics any civil penalties assessed pursuant to
 1125  this section, the Commission on Ethics may bring an action in
 1126  any circuit court to enforce such penalty.
 1127         (9) If, during the course of an investigation by the
 1128  Commission on Ethics into an alleged violation of this section,
 1129  allegations are made as to the identity of the person who
 1130  participated in the ex parte communication, that person must be
 1131  given notice and an opportunity to participate in the
 1132  investigation and relevant proceedings to present a defense. If
 1133  the Commission on Ethics determines that the person participated
 1134  in the ex parte communication, the person may not appear before
 1135  the commission or otherwise represent anyone before the
 1136  commission for 2 years.
 1137         Section 13. Penalties for misconduct by a commissioner,
 1138  employee, or agent.—
 1139         (1) A violation of the Resort Act by a member of the
 1140  commission may result in disqualification or constitute cause
 1141  for removal by the Governor or other disciplinary action as
 1142  determined by the commission.
 1143         (2) A violation of the Resort Act by an employee or agent
 1144  of the commission does not require termination of employment or
 1145  other disciplinary action if:
 1146         (a) The commission determines that the conduct involved
 1147  does not violate the purposes the Resort Act; or
 1148         (b) There was no intentional action on the part of the
 1149  employee or agent, contingent on divestment of the financial
 1150  interest within 30 days after the interest was acquired.
 1151         (3) Notwithstanding subsection (2), an employee or agent of
 1152  the commission who violates the Resort Act shall be terminated
 1153  if a financial interest in a licensee, applicant, or affiliate,
 1154  or representative of a licensee or applicant, is acquired by:
 1155         (a) An employee of the commission; or
 1156         (b) The employee’s or agent’s spouse, parent, or child.
 1157         (4) A violation the Resort Act does not create a civil
 1158  cause of action.
 1159         Section 14. Authorization of limited gaming at destination
 1160  resorts.—Notwithstanding any other provisions of law, the
 1161  commission may not award a resort license authorizing limited
 1162  gaming unless a majority of the electors in a countywide
 1163  referendum have approved the conduct of limited gaming in the
 1164  respective county. If limited gaming is authorized through the
 1165  award of a resort license, the resort licensee may possess slot
 1166  machines and other authorized gaming devices and conduct limited
 1167  gaming at the licensed location. Notwithstanding any other
 1168  provision of law, a person may lawfully participate in
 1169  authorized games at a facility licensed to possess authorized
 1170  limited gaming devices and conduct limited gaming or to
 1171  participate in limited gaming as described in the Resort Act.
 1172         Section 15. Legislative authority; administration of act.
 1173  The regulation of the conduct of limited gaming activity at a
 1174  resort licensee is preempted to the state and a county,
 1175  municipality, or other political subdivision of the state may
 1176  not enact any ordinance relating to limited gaming. Only the
 1177  commission and other authorized state agencies shall administer
 1178  the Resort Act and regulate limited gaming, including limited
 1179  gaming at resort licensees and the assessment of fees or taxes
 1180  relating to the conduct of limited gaming.
 1181         Section 16. Process for awarding destination resort
 1182  licenses.
 1183         (1) The commission shall by rule use an invitation to
 1184  negotiate process for determining the award of a resort license.
 1185  The application, review, and issuance procedures for awarding a
 1186  license shall be by a process in which applicants rely on forms
 1187  provided by the commission in response to an invitation to
 1188  negotiate issued by the commission.
 1189         (2) The commission may, at its discretion, stagger the
 1190  issuance of invitations to negotiate, the period for review of
 1191  replies, and the awarding of one or more licenses to conduct
 1192  limited gaming, provided that the number of licenses does not
 1193  exceed five destination resort licensees. Invitations to
 1194  negotiate shall require a response within no less than 6 months
 1195  of the date after the issuance of the invitation.
 1196         (3) The commission may specify in its invitation to
 1197  negotiate the district in which the facility would be located.
 1198  When determining whether to authorize the destination resort
 1199  located within a specific county or counties, the commission
 1200  shall, if practicable, hold a public hearing in such county or
 1201  counties.
 1202         (4) The commission shall review all complete replies
 1203  received pursuant to an invitation to negotiate. The commission
 1204  may select one or more replies with which to commence
 1205  negotiations after determining which replies are in the best
 1206  interest of the state based on the selection criteria. The
 1207  commission shall award or deny a destination resort license
 1208  within 12 months after the deadline for the submission of a
 1209  reply.
 1210         Section 17. Criteria for the award of a destination resort
 1211  license.-
 1212         (1) The commission may award a resort license to the
 1213  applicant of an invitation to negotiate which best serves the
 1214  interests of the residents of Florida. The reply to an
 1215  invitation to negotiate for a resort license must include an
 1216  application that demonstrates the applicant’s ability to meet
 1217  the following minimum criteria:
 1218         (a) Only one destination resort license may be awarded per
 1219  district.
 1220         (b) The applicant must demonstrate a capacity to increase
 1221  tourism, generate jobs, provide revenue to the local economy,
 1222  and provide revenue to the General Revenue Fund.
 1223         (c) The resort must provide a minimum of 1,000 hotel rooms.
 1224         (d) The resort must contain convention and meeting floor
 1225  space of at least 500,000 square feet.
 1226         (e) The area in which the conduct of limited gaming is
 1227  authorized may constitute no more than 10 percent of the resort
 1228  development’s total square footage. The resort development’s
 1229  total square footage is the aggregate of the total square
 1230  footage of the limited gaming facility, the hotel or hotels,
 1231  convention space, retail facilities, nongaming entertainment
 1232  facilities, service centers, and office space or administrative
 1233  areas.
 1234         (f) The applicant must demonstrate a history of, or a bona
 1235  fide plan for, community involvement or investment in the
 1236  community where the resort having a limited gaming facility will
 1237  be located.
 1238         (g) The applicant must demonstrate the financial ability to
 1239  purchase and maintain an adequate surety bond.
 1240         (h) The applicant must demonstrate that it has adequate
 1241  capitalization to develop, construct, maintain, and operate the
 1242  proposed resort and convention center having a limited gaming
 1243  facility in accordance with the requirements of the Resort Act
 1244  and rules adopted by the commission and to responsibly meet its
 1245  secured and unsecured debt obligations in accordance with its
 1246  financial and other contractual agreements.
 1247         (i) The applicant shall demonstrate the ability to
 1248  implement a program to train and employ residents of this state
 1249  for jobs that will be available at the destination resort,
 1250  including its ability to implement a program for the training of
 1251  low-income persons.
 1252         (j) The commission may, at its discretion, assess the
 1253  quality of the proposed development’s aesthetic appearance in
 1254  the context of its potential to provide substantial economic
 1255  benefits to the community and the people of Florida, including,
 1256  but not limited to its potential to provide substantial
 1257  employment opportunities.
 1258         (k)The applicant shall demonstrate how it will comply with
 1259  state and federal affirmative action guidelines.
 1260         (l)The applicant shall demonstrate the ability to generate
 1261  substantial gross receipts.
 1262         (2) A resort license may be issued only to persons of good
 1263  moral character who are at least 21 years of age. A resort
 1264  license may issued to a corporation only if its officers are of
 1265  good moral character and at least 21 years of age.
 1266         (3) A resort license may not be issued to an applicant if
 1267  the applicant, qualifier, or institutional investor:
 1268         (a)Has, within the last 10 years, filed for protection
 1269  under the Federal Bankruptcy Code or had an involuntary
 1270  bankruptcy petition filed against them.
 1271         (b)Has, within the last 5 years, been adjudicated by a
 1272  court or tribunal for failure to pay income, sales, or gross
 1273  receipts tax due and payable under any federal, state, or local
 1274  law, after exhaustion of all appeals or administrative remedies.
 1275         (c)Has been convicted of a felony under the laws of this
 1276  or any other state, or the United States.
 1277         (d) Has been convicted of any violation under chapter 817,
 1278  Florida Statutes, or under a substantially similar law of
 1279  another jurisdiction.
 1280         (e) Knowingly submitted false information in the
 1281  application for the license.
 1282         (f) Is a member or employee of the commission.
 1283         (g) Was licensed to own or operate gaming or pari-mutuel
 1284  facilities in this state or another jurisdiction and that
 1285  license was revoked.
 1286         (h) Fails to meet any other criteria for licensure set
 1287  forth in the Resort Act.
 1288  
 1289  The term “conviction” includes an adjudication of guilt on a
 1290  plea of guilty or nolo contendere or the forfeiture of a bond
 1291  when charged with a crime.
 1292         Section 18. Application for destination resort license.—
 1293         (1) APPLICATION.—A reply submitted in response to an
 1294  invitation to negotiate must include a sworn application in the
 1295  format prescribed by the commission. The application must
 1296  include the following information:
 1297         (a)1. The name, business address, telephone number, social
 1298  security number, and, where applicable, the federal tax
 1299  identification number of the applicant and each qualifier; and
 1300         2. Information, documentation, and assurances concerning
 1301  financial background and resources as may be required to
 1302  establish the financial stability, integrity, and responsibility
 1303  of the applicant. This includes business and personal income and
 1304  disbursement schedules, tax returns and other reports filed with
 1305  governmental agencies, and business and personal accounting and
 1306  check records and ledgers. In addition, each applicant must
 1307  provide written authorization for the examination of all bank
 1308  accounts and records as may be deemed necessary by the
 1309  commission.
 1310         (b) The identity and, if applicable, the state of
 1311  incorporation or registration of any business in which the
 1312  applicant or a qualifier has an equity interest of more than 5
 1313  percent. If the applicant or qualifier is a corporation,
 1314  partnership, or other business entity, the applicant or
 1315  qualifier must identify any other corporation, partnership, or
 1316  other business entity in which it has an equity interest of more
 1317  5 percent, including, if applicable, the state of incorporation
 1318  or registration.
 1319         (c) A statement as to whether the applicant or a qualifier
 1320  has developed and operated a gaming facility within a
 1321  jurisdiction in the United States, including a description of
 1322  the gaming facility, the gaming facility’s gross revenue, and
 1323  the amount of revenue the gaming facility has generated for
 1324  state and local governments within that jurisdiction.
 1325         (d) A statement as to whether the applicant or a qualifier
 1326  has been indicted, convicted of, pled guilty or nolo contendere
 1327  to, or forfeited bail for any felony or for a misdemeanor
 1328  involving gambling, theft, or fraud. The statement must include
 1329  the date, the name and location of the court, the arresting
 1330  agency, the prosecuting agency, the case caption, the docket
 1331  number, the nature of the offense, the disposition of the case,
 1332  and, if applicable, the location and length of incarceration.
 1333         (e) A statement as to whether the applicant or a qualifier
 1334  has ever been granted any license or certificate in any
 1335  jurisdiction which has been restricted, suspended, revoked, not
 1336  renewed, or otherwise subjected to discipline. The statement
 1337  must describe the facts and circumstances concerning that
 1338  restriction, suspension, revocation, nonrenewal, or discipline,
 1339  including the licensing authority, the date each action was
 1340  taken, and an explanation of the circumstances for each
 1341  disciplinary action.
 1342         (f) A statement as to whether the applicant or qualifier
 1343  has, as a principal or a controlling shareholder, within the
 1344  last 10 years, filed for protection under the Federal Bankruptcy
 1345  Code or had an involuntary bankruptcy petition filed against it.
 1346         (g) A statement as to whether the applicant or qualifier
 1347  has, within the last 5 years, been adjudicated by a court or
 1348  tribunal for failure to pay any income, sales, or gross receipts
 1349  tax due and payable under federal, state, or local law, after
 1350  exhaustion of all appeals or administrative remedies. This
 1351  statement must identify the amount and type of the tax and the
 1352  time periods involved and must describe the resolution of the
 1353  nonpayment.
 1354         (h) A list of the names and titles of any public officials
 1355  or officers of any unit of state government or of the local
 1356  government or governments in the county or municipality in which
 1357  the proposed resort is to be located, and the spouses, parents,
 1358  and children of those public officials or officers, who,
 1359  directly or indirectly, own any financial interest in, have any
 1360  beneficial interest in, are the creditors of, hold any debt
 1361  instrument issued by the applicant or a qualifier, or hold or
 1362  have an interest in any contractual or service relationship with
 1363  the applicant or qualifier. As used in this paragraph, the terms
 1364  “public official” and “officer” do not include a person who
 1365  would be listed solely because the person is a member of the
 1366  Florida National Guard.
 1367         (i) The name and business telephone number of any attorney,
 1368  lobbyist, or other person who is representing an applicant
 1369  before the commission during the application process.
 1370         (j) A description of the applicant’s history of and
 1371  proposed plan for community involvement or investment in the
 1372  community where the resort having a limited gaming facility
 1373  would be located.
 1374         (k) A description of the applicant’s proposed resort,
 1375  including a description of the economic benefit to the community
 1376  in which the facility would be located, the anticipated number
 1377  of employees, a statement regarding how the applicant would
 1378  comply with federal and state affirmative action guidelines, a
 1379  projection of admissions or attendance at the limited gaming
 1380  facility, a projection of gross receipts, and scientific market
 1381  research pertaining to the proposed facility, if any.
 1382         (l) Proof of a countywide referendum authorizing limited
 1383  gaming at a resort in the county. The referendum must be
 1384  approved by the electors of the county before the application
 1385  deadline established by the commission.
 1386         (m) A schedule or timeframe for completing the resort.
 1387         (n) A plan for training residents of this state for jobs at
 1388  the resort. The job-training plan must provide training to
 1389  enable low-income persons to qualify for jobs at the resort.
 1390         (o) The identity of each person, association, trust, or
 1391  corporation or partnership having a direct or indirect equity
 1392  interest in the applicant of greater than 5 percent. If
 1393  disclosure of a trust is required under this paragraph, the
 1394  names and addresses of the beneficiaries of the trust must also
 1395  be disclosed. If the identity of a corporation must be
 1396  disclosed, the names and addresses of all stockholders and
 1397  directors must also be disclosed. If the identity of a
 1398  partnership must be disclosed, the names and addresses of all
 1399  partners, both general and limited, must also be disclosed.
 1400         (p) A destination resort and limited gaming facility
 1401  development plan.
 1402         (q) The fingerprints of the all officers or directors of
 1403  the applicant and qualifiers, and any persons exercising
 1404  operational or managerial control of the applicant, as
 1405  determined by rule of the commission, for a criminal history
 1406  record check.
 1407         (2) DISCRETION TO REQUIRE INFORMATION.—Notwithstanding any
 1408  other provision of law, the commission is the sole authority for
 1409  determining the information or documentation that must be
 1410  included in an application for a resort license or in an
 1411  application to renew a resort license. Such documentation and
 1412  information may relate to: demographics, education, work
 1413  history, personal background, criminal history, finances,
 1414  business information, complaints, inspections, investigations,
 1415  discipline, bonding, photographs, performance periods,
 1416  reciprocity, local government approvals, supporting
 1417  documentation, periodic reporting requirements, and fingerprint
 1418  requirements.
 1419         (3) DUTY TO SUPPLEMENT APPLICATION.—The application shall
 1420  be supplemented as needed to reflect any material change in any
 1421  circumstance or condition stated in the application which takes
 1422  place between the initial filing of the application and the
 1423  final grant or denial of the license. Any submission required to
 1424  be in writing may otherwise be required by the commission to be
 1425  made by electronic means.
 1426         (4) CRIMINAL HISTORY CHECKS.—The commission may contract
 1427  with private vendors, or enter into interagency agreements, to
 1428  collect electronic fingerprints where fingerprints are required
 1429  for licensure or where criminal history record checks are
 1430  required.
 1431         (5)APPLICATION FEES.—
 1432         (a)The application for a resort license must be submitted
 1433  along with a nonrefundable application fee of $1 million to be
 1434  used by the commission to defray costs associated with the
 1435  review and investigation of the application and to conduct a
 1436  background investigation of the applicant and each qualifier. If
 1437  the cost of the review and investigation exceeds $1 million, the
 1438  applicant must pay the additional amount to the commission
 1439  within 30 days after the receipt of a request for an additional
 1440  payment.
 1441         (b) The application for a destination resort license must
 1442  be submitted with a one-time licensing fee of $50 million. If
 1443  the commission denies the application, the commission must
 1444  refund the licensing fee within 30 days after the denial of the
 1445  application. If the applicant withdraws the application after
 1446  the application deadline established by the commission, the
 1447  commission must refund 80 percent of the licensing fee within 30
 1448  days after the application is withdrawn.
 1449         Section 19. Incomplete applications.—
 1450         (1) An incomplete application for a resort license is
 1451  grounds for the denial of the application.
 1452         (2)(a) If the commission determines that an application for
 1453  a resort license is incomplete, the executive director shall
 1454  immediately provide written notice to the applicant of the
 1455  incomplete items. The applicant may then request a confidential
 1456  informal conference with the executive director or his designee
 1457  to discuss the application.
 1458         (b) The executive director shall provide the applicant an
 1459  extension of 30 days to complete the application following the
 1460  date of the informal conference. If the executive director finds
 1461  that the application has not been completed within the
 1462  extension, the applicant may appeal the finding to the
 1463  commission. During an extension or the pendency of an appeal to
 1464  the commission, the award of resort licenses in the applicable
 1465  district is stayed.
 1466         Section 20. Institutional investors as qualifiers.—
 1467         (1) An application for a resort license that has an
 1468  institutional investor as a qualifier need not contain
 1469  information relating to the institutional investor other than
 1470  the identity of the investor and information relating to
 1471  qualifications under the Resort Act if the institutional
 1472  investor:
 1473         (a) Holds less than 5 percent of the equity securities or 5
 1474  percent of the debt securities of an applicant or affiliate of
 1475  the applicant;
 1476         (b) Is a publicly traded corporation; and
 1477         (c) Files a certified statement that the institutional
 1478  investor does not intend to influence or affect the affairs of
 1479  the applicant or an affiliate of the applicant and further
 1480  states that its holdings of securities of the applicant or
 1481  affiliate were purchased for investment purposes only.
 1482  
 1483  The commission may limit the application requirements as
 1484  provided in this subsection for an institutional investor that
 1485  is a qualifier and that holds 5 percent or more of the equity or
 1486  debt securities of an applicant or affiliate of the applicant
 1487  upon a showing of good cause and if the conditions specified in
 1488  paragraphs (b) and (c) are satisfied.
 1489         (2) An institutional investor that is exempt from the full
 1490  application requirements under this section and that
 1491  subsequently intends to influence or affect the affairs of the
 1492  issuer must first notify the commission of its intent and file
 1493  an application containing all of the information that would have
 1494  been required of the institutional investor in the application
 1495  for a resort license. The commission may deny the application if
 1496  it determines that granting the application will impair the
 1497  financial stability of the licensee or impair the ability of the
 1498  licensee to comply with its development plans or other plans
 1499  submitted to the commission by the applicant or licensee.
 1500         (3) An applicant for a license or a resort licensee or
 1501  affiliate shall immediately notify the commission of any
 1502  information concerning an institutional investor holding its
 1503  equity or debt securities which may disqualify an institutional
 1504  investor from having a direct or indirect interest in the
 1505  applicant or licensee, and the commission may require the
 1506  institutional investor to file all information that would have
 1507  been required of the institutional investor in the application
 1508  for a license.
 1509         (4) If the commission finds that an institutional investor
 1510  that is a qualifier fails to comply with the requirements of
 1511  subsection (1) or, if at any time the commission finds that by
 1512  reason of the extent or nature of its holdings an institutional
 1513  investor is in a position to exercise a substantial impact upon
 1514  the controlling interests of a licensee, the commission may
 1515  require the institutional investor to file an application
 1516  containing all of information that would have been required of
 1517  the institutional investor in the application for a license.
 1518         (5) Notwithstanding paragraph (1)(c), an institutional
 1519  investor may vote on all matters that are put to the vote of the
 1520  outstanding security holders of the applicant or licensee.
 1521         Section 21. Lenders and underwriters; exemption as
 1522  qualifiers.—A bank, lending institution, or any underwriter in
 1523  connection with any bank or lending institution that, in the
 1524  ordinary course of business, makes a loan to, or holds a
 1525  security interest in, a licensee or applicant, a supplier
 1526  licensee or applicant or its subsidiary, or direct or indirect
 1527  parent company of any of the foregoing is not a qualifier and is
 1528  not required to be licensed.
 1529         Section 22. Conditions for a resort license.As a condition
 1530  to licensure and to maintain continuing authority, a resort
 1531  licensee must:
 1532         (1)Comply with the Resort Act and the rules of the
 1533  commission.
 1534         (2)Allow the commission and the Department of Law
 1535  Enforcement unrestricted access to and right of inspection of
 1536  facilities of a licensee in which any activity relative to the
 1537  conduct of gaming is conducted.
 1538         (3) Complete the resort in accordance with the plans and
 1539  timeframe proposed to the commission in its application, unless
 1540  a waiver is granted by the commission.
 1541         (4)Ensure that the facilities-based computer system that
 1542  the licensee will use for operational and accounting functions
 1543  of the facility is specifically structured to facilitate
 1544  regulatory oversight. The facilities-based computer system shall
 1545  be designed to provide the commission and the Department of Law
 1546  Enforcement with the ability to monitor, at any time on a real
 1547  time basis, the wagering patterns, payouts, tax collection, and
 1548  such other operations as necessary to determine whether the
 1549  facility is in compliance with statutory provisions and rules
 1550  adopted by the commission for the regulation and control of
 1551  gaming. The commission and the Department of Law Enforcement
 1552  shall have complete and continuous access to this system. Such
 1553  access shall include the ability of either the commission or the
 1554  Department of Law Enforcement to suspend play immediately on
 1555  particular slot machines or gaming devices if monitoring of the
 1556  system indicates possible tampering or manipulation of those
 1557  slot machines or gaming devices or the ability to suspend play
 1558  immediately of the entire operation if the tampering or
 1559  manipulation is of the computer system itself. The computer
 1560  system shall be reviewed and approved by the commission to
 1561  ensure necessary access, security, and functionality. The
 1562  commission may adopt rules to provide for the approval process.
 1563         (5)Ensure that each game, slot machine, or other gaming
 1564  device is protected from manipulation or tampering that may
 1565  affect the random probabilities of winning plays. The commission
 1566  or the Department of Law Enforcement may suspend play upon
 1567  reasonable suspicion of any manipulation or tampering. If play
 1568  has been suspended on any game, slot machine, or other gaming
 1569  device, the commission or the Department of Law Enforcement may
 1570  conduct an examination to determine whether the game, machine,
 1571  or other gaming device has been tampered with or manipulated and
 1572  whether the game, machine, or other gaming device should be
 1573  returned to operation.
 1574         (6)Submit a security plan, including the facilities’ floor
 1575  plans, the locations of security cameras, and a listing of all
 1576  security equipment that is capable of observing and
 1577  electronically recording activities being conducted in the
 1578  facilities of the licensee. The security plan must meet the
 1579  minimum security requirements as determined by the commission
 1580  and be implemented before the operation of gaming. The
 1581  licensee’s facilities must adhere to the security plan at all
 1582  times. Any changes to the security plan must be submitted by the
 1583  licensee to the commission prior to implementation. The
 1584  commission shall furnish copies of the security plan and changes
 1585  in the plan to the Department of Law Enforcement.
 1586         (7) Create and file with the commission a written policy
 1587  for:
 1588         (a) Creating opportunities to purchase from vendors in this
 1589  state, including minority vendors.
 1590         (b) Creating opportunities for the employment of residents
 1591  of this state, including minority residents.
 1592         (c) Ensuring opportunities for obtaining construction
 1593  services from minority contractors.
 1594         (d) Ensuring that opportunities for employment are offered
 1595  on an equal, nondiscriminatory basis.
 1596         (e) Training employees on responsible gaming and working
 1597  with a compulsive or addictive gambling prevention program.
 1598         (f) Implementing a drug-testing program that includes, but
 1599  is not limited to, requiring each employee to sign an agreement
 1600  that he or she understands that the resort is a drug-free
 1601  workplace.
 1602         (g)Using the Internet-based job-listing system of the
 1603  Agency for Workforce Innovation in advertising employment
 1604  opportunities.
 1605         (h) Ensuring that the payout percentage of each slot
 1606  machine is at least 85 percent.
 1607         (8) A resort licensee shall keep and maintain permanent
 1608  daily records of its limited gaming operations and shall
 1609  maintain such records for a period of not less than 5 years.
 1610  These records must include all financial transactions and
 1611  contain sufficient detail to determine compliance with the
 1612  requirements of the Resort Act. All records shall be available
 1613  for audit and inspection by the commission, the Department of
 1614  Law Enforcement, or other law enforcement agencies during the
 1615  resort licensee’s regular business hours.
 1616         Section 23. Surety bond.—A destination resort licensee
 1617  must, at its own cost and expense, before the license is
 1618  delivered, give a bond in the penal sum to be determined by the
 1619  commission payable to the Governor of the state and her or his
 1620  successors in office. The bond must be issued by a surety or
 1621  sureties approved by the commission and the Chief Financial
 1622  Officer and the bond must be conditioned on the licensee
 1623  faithfully making the required payments to the Chief Financial
 1624  Officer in her or his capacity as treasurer of the commission,
 1625  keeping the licensee’s books and records and make reports as
 1626  provided, and conducting its limited gaming activities in
 1627  conformity with the Resort Act. The commission shall fix the
 1628  amount of the bond at the total amount of annual license fees
 1629  and the taxes estimated to become due as determined by the
 1630  commission. In lieu of a bond, an applicant or licensee may
 1631  deposit with the commission a like amount of funds, a savings
 1632  certificate, a certificate of deposit, an investment
 1633  certificate, or a letter of credit from a bank, savings bank,
 1634  credit union, or savings and loan association situated in this
 1635  state which meets the requirements set for that purpose by the
 1636  Chief Financial Officer. If security is provided in the form of
 1637  a savings certificate, a certificate of deposit, or an
 1638  investment certificate, the certificate must state that the
 1639  amount is unavailable for withdrawal except upon order of the
 1640  commission. The commission may review the bond or other security
 1641  for adequacy and require adjustments, including increasing the
 1642  amount of the bond and other security. The commission may adopt
 1643  rules to administer this section and establish guidelines for
 1644  such bonds or other securities.
 1645         Section 24. Conduct of limited gaming.—
 1646         (1) Limited gaming may be conducted by a resort licensee,
 1647  subject to the following:
 1648         (a) The site of the limited gaming facility is limited to
 1649  the resort licensee’s site location as approved by the
 1650  commission.
 1651         (b) Limited gaming may not be conducted by a resort
 1652  licensee until the resort is completed according to the proposal
 1653  approved by the commission.
 1654         (c) The commission’s agents and employees may enter and
 1655  inspect a limited gaming facility or other facilities relating
 1656  to a resort licensee’s gaming operations at any time for the
 1657  purpose of determining whether the licensee is in compliance
 1658  with the Resort Act.
 1659         (d) A resort licensee may lease or purchase gaming devices,
 1660  equipment, or supplies customarily used in conducting gaming
 1661  only from a licensed supplier.
 1662         (e) A resort licensee may not permit any form of wagering
 1663  on games except as permitted by the Resort Act.
 1664         (f) A resort licensee may receive wagers only from a person
 1665  present in the limited gaming facility.
 1666         (g) A resort licensee may not permit wagering using money
 1667  or other negotiable currency except for wagering on slot
 1668  machines.
 1669         (h) A resort licensee may not permit a person who is less
 1670  than 21 years of age to engage in gaming activity or remain in
 1671  an area of a limited gaming facility where gaming is being
 1672  conducted, except for a limited gaming employee of the resort
 1673  licensee who is at least 18 years of age.
 1674         (i) A resort licensee may not sell or distribute tokens,
 1675  chips, or electronic cards used to make wagers outside the
 1676  limited gaming facility. The tokens, chips, or electronic cards
 1677  may be purchased by means of an agreement under which the
 1678  licensee extends credit to a wagerer. The tokens, chips, or
 1679  electronic cards may be used only for the purpose of making
 1680  wagers on games within a limited gaming facility.
 1681         (j) All gaming activities must be conducted in accordance
 1682  with commission rules.
 1683         (2) A limited gaming facility may operate 24 hours per day,
 1684  every day of the year.
 1685         (3) A resort licensee may set the minimum and maximum
 1686  wagers on all games.
 1687         (4)A resort licensee shall give preference in employment,
 1688  reemployment, promotion, and retention to veterans and to the
 1689  persons included under s. 295.07(1), Florida Statutes, who
 1690  possess the minimum qualifications necessary to perform the
 1691  duties of the positions involved.
 1692         (5)A resort licensee shall use the E-Verify program, or a
 1693  similar program developed under the Immigration Reform and
 1694  Control Act of 1986 or the Illegal Immigration Reform and
 1695  Immigrant Responsibility Act of 1996, to verify the employment
 1696  eligibility of all prospective employees. Applicants for a
 1697  resort license must require that all contractors use such a
 1698  program to verify the employment eligibility of their
 1699  prospective employees.
 1700         (6) The commission shall renew a resort license if:
 1701         (a) The licensee has demonstrated an effort to increase
 1702  tourism, generate jobs, provide revenue to the local economy,
 1703  and provide revenue to the state General Revenue Fund.
 1704         (b) The commission has not suspended or revoked the license
 1705  of the licensee.
 1706         (c) The licensee continues to satisfy all the requirements
 1707  of the initial application for licensure.
 1708         Section 25. License fee; tax rate; disposition.—
 1709         (1) LICENSE FEE.—On the anniversary date of the issuance of
 1710  the initial resort license and annually thereafter, the licensee
 1711  must pay to the commission a nonrefundable annual license fee of
 1712  $5 million. The license shall be renewed annually, unless the
 1713  commission has revoked the license for a violation of the Resort
 1714  Act or rule of the commission. The license fee shall be
 1715  deposited into the Destination Resort Trust Fund to be used by
 1716  the commission and the Department of Law Enforcement for
 1717  investigations, regulation of limited gaming, and enforcement of
 1718  the Resort Act.
 1719         (2)GROSS RECEIPTS TAX.—
 1720         (a) Each resort licensee shall pay a gross receipts tax on
 1721  its gross receipts to the state. Upon completion of the resort
 1722  and before limited gaming may be conducted, the resort licensee
 1723  must submit proof, as required by the commission, of the total
 1724  investment made in the construction of the resort. Upon
 1725  submission of this information, the gross receipts tax rate
 1726  shall be set as follows:
 1727         1.If the total infrastructure investment is $2 billion or
 1728  more, the tax rate shall be 10 percent of the gross receipts.
 1729         2.If the total infrastructure investment is at least $1
 1730  billion but less than $2 billion, the tax rate shall be 15
 1731  percent of the gross receipts.
 1732         3.If the total infrastructure investment is less than $1
 1733  billion, the tax rate shall be 20 percent of the gross receipts.
 1734         (b)The gross receipts tax is in lieu of any other state
 1735  taxes on gross or adjusted gross receipts of a resort licensee.
 1736         (3)TAX PROCEEDS.—
 1737         (a) The gross receipts tax shall be deposited into the
 1738  Destination Resort Trust Fund and shall be used to fund the
 1739  operating costs of the commission pursuant to appropriations by
 1740  the Legislature.
 1741         (b)On June 30 of each year, all unappropriated funds in
 1742  excess of $5 million shall be deposited as follows:
 1743         1. Ninety-five percent shall be deposited into the General
 1744  Revenue Fund.
 1745         2. Two and 1/2 percent shall be deposited into the Tourism
 1746  Promotional Trust Fund for use by the Florida Commission on
 1747  Tourism.
 1748         3. One and 1/4 percent shall be deposited into the
 1749  Employment Security Administration Trust Fund for the benefit of
 1750  the school readiness program.
 1751         4.One and 1/4 percent shall be deposited into the
 1752  Transportation Disadvantaged Trust Fund for use by the
 1753  Commission for the Transportation Disadvantaged.
 1754         Section 26. Fingerprint requirements.—Any fingerprints
 1755  required to be taken under the Resort Act must be taken in a
 1756  manner approved by, and shall be submitted electronically by the
 1757  commission to, the Department of Law Enforcement. The Department
 1758  of Law Enforcement shall submit the results of the state and
 1759  national records check to the commission. The commission shall
 1760  consider the results of the state and national records check in
 1761  evaluating an application for any license.
 1762         (1)The cost of processing fingerprints and conducting a
 1763  criminal history record check shall be borne by the applicant.
 1764  The Department of Law Enforcement may submit a monthly invoice
 1765  to the commission for the cost of processing the fingerprints
 1766  submitted.
 1767         (2)All fingerprints submitted to the Department of Law
 1768  Enforcement pursuant to the Resort Act shall be retained by the
 1769  Department of Law Enforcement and entered into the statewide
 1770  automated fingerprint identification system as authorized by s.
 1771  943.05(2)(b), Florida Statutes, and shall be available for all
 1772  purposes and uses authorized for arrest fingerprint cards
 1773  entered into the statewide automated fingerprint identification
 1774  system pursuant to s. 943.051, Florida Statutes.
 1775         (3) The Department of Law Enforcement shall search all
 1776  arrest fingerprints received pursuant to s. 943.051, Florida
 1777  Statutes, against the fingerprints retained in the statewide
 1778  automated fingerprint identification system. Any arrest record
 1779  that is identified with the retained fingerprints of a person
 1780  subject to the criminal history screening under the Resort Act
 1781  shall be reported to the commission. Each licensee shall pay a
 1782  fee to the commission for the cost of retention of the
 1783  fingerprints and the ongoing searches under this subsection. The
 1784  commission shall forward the payment to the Department of Law
 1785  Enforcement. The amount of the fee to be imposed for performing
 1786  these searches and the procedures for the retention of licensee
 1787  fingerprints shall be as established by rule of the Department
 1788  of Law Enforcement. The commission shall inform the Department
 1789  of Law Enforcement of any change in the license status of
 1790  licensees whose fingerprints are retained under subsection (2).
 1791         (4) The commission shall request the Department of Law
 1792  Enforcement to forward the fingerprints to the Federal Bureau of
 1793  Investigation for a national criminal history records check
 1794  every 3 years following issuance of a license. If the
 1795  fingerprints of a person who is licensed have not been retained
 1796  by the Department of Law Enforcement, the person must file
 1797  another set of fingerprints. The commission shall collect the
 1798  fees for the cost of the national criminal history record check
 1799  under this subsection and shall forward the payment to the
 1800  Department of Law Enforcement. The cost of processing
 1801  fingerprints and conducting a criminal history record check
 1802  under this paragraph shall be borne by the licensee or
 1803  applicant. The Department of Law Enforcement may submit an
 1804  invoice to the commission for the fingerprints submitted each
 1805  month. Under penalty of perjury, each person who is licensed or
 1806  who is fingerprinted as required by this section must agree to
 1807  inform the commission within 48 hours if he or she is convicted
 1808  of or has entered a plea of guilty or nolo contendere to any
 1809  disqualifying offense, regardless of adjudication.
 1810         Section 27. Compulsive or addictive gambling prevention
 1811  program.
 1812         (1)A resort licensee shall offer training to employees on
 1813  responsible gaming and shall work with a compulsive or addictive
 1814  gambling prevention program to recognize problem gaming
 1815  situations and to implement responsible gaming programs and
 1816  practices.
 1817         (2)The commission shall, subject to competitive bidding,
 1818  contract for services relating to the prevention of compulsive
 1819  and addictive gambling. The contract shall provide for an
 1820  advertising program to encourage responsible gaming practices
 1821  and to publicize a gambling telephone help line. Such
 1822  advertisements must be made both publicly and inside the
 1823  resort’s limited gaming facility. The terms of any contract for
 1824  such services shall include accountability standards that must
 1825  be met by any private provider. The failure of any private
 1826  provider to meet any material terms of the contract, including
 1827  the accountability standards, constitutes a breach of contract
 1828  or is grounds for nonrenewal. The commission may consult with
 1829  the Department of the Lottery or the Department of Business and
 1830  Professional Regulation in the development of the program and
 1831  the development and analysis of any procurement for contractual
 1832  services for the compulsive or addictive gambling prevention
 1833  program.
 1834         (3) The compulsive or addictive gambling prevention program
 1835  shall be funded from an annual nonrefundable regulatory fee of
 1836  $250,000 paid by each resort licensee to the commission.
 1837         Section 28. Suppliers licenses.—
 1838         (1) A person must have a supplier’s license in order to
 1839  furnish on a regular or continuing basis to a resort licensee or
 1840  an applicant for a resort license gaming equipment, devices, or
 1841  supplies or other goods or services regarding the realty,
 1842  construction, maintenance, or business of a proposed or existing
 1843  resort facility. This requirement includes, but is not limited
 1844  to, junket enterprises, security businesses, manufacturers,
 1845  distributors, persons who service gaming devices or equipment,
 1846  garbage haulers, maintenance companies, food purveyors, and
 1847  construction companies.
 1848         (2) An applicant for a supplier’s license must apply to the
 1849  commission on forms adopted by the commission by rule. The
 1850  licensing fee for the initial and annual renewal of the license
 1851  is $5,000.
 1852         (3) An applicant for a supplier’s license must include in
 1853  the application the fingerprints of the persons identified by
 1854  commission rule for the processing of state and national
 1855  criminal history record checks.
 1856         (4)(a) An applicant for a supplier’s license is not
 1857  eligible for licensure if:
 1858         1. A person for whom fingerprinting is required under
 1859  subsection (3) has been convicted of a felony under the laws of
 1860  this or any other state or the United States;
 1861         2. The applicant knowingly submitted false information in
 1862  the application for a supplier’s license;
 1863         3.The applicant is a member of the commission;
 1864         4.The applicant is not a natural person and an officer,
 1865  director, or managerial employee of that person is a person
 1866  defined in subparagraphs 1.-3.;
 1867         5. The applicant is not a natural person and an employee of
 1868  the applicant participates in the management or operation of
 1869  limited gaming authorized under the Resort Act; or
 1870         6. The applicant has had a license to own or operate a
 1871  resort facility or pari-mutuel facility in this or a similar
 1872  license in any other jurisdiction revoked.
 1873         (b) The commission may revoke a supplier’s license at any
 1874  time it determines that the licensee no longer satisfies the
 1875  eligibility requirements in this subsection.
 1876         (5) The commission may deny an application for a supplier’s
 1877  license for any person:
 1878         (a) Who is not qualified to perform the duties required of
 1879  the licensee;
 1880         (b) Who fails to disclose information or knowingly submits
 1881  false information in the application;
 1882         (c) Who has violated the Resort Act or rules of the
 1883  commission; or
 1884         (d)Who has had a gaming-related license or application
 1885  suspended, restricted, revoked, or denied for misconduct in any
 1886  other jurisdiction.
 1887         (6) A supplier licensee shall:
 1888         (a) Furnish to the commission a list of all gaming
 1889  equipment, devices, and supplies it offers for sale or lease in
 1890  connection with limited gaming authorized in the Resort Act;
 1891         (b) Keep books and records documenting the furnishing of
 1892  gaming equipment, devices, and supplies to resort licensees
 1893  separate and distinct from any other business that the supplier
 1894  operates;
 1895         (c) File quarterly returns with the commission listing all
 1896  sales or leases of gaming equipment, devices, or supplies to
 1897  resort licensees;
 1898         (d) Permanently affix its name to all gaming equipment,
 1899  devices, or supplies sold or leased to licensees; and
 1900         (e) File an annual report listing its inventories of gaming
 1901  equipment, devices, and supplies.
 1902         (7) All gaming devices, equipment, or supplies furnished by
 1903  a licensed supplier must conform to standards adopted by
 1904  commission rule.
 1905         (8)(a) The commission may suspend, revoke, or restrict the
 1906  supplier’s license of a licensee:
 1907         1. Who violates the Resort Act or the rules of the
 1908  commission; or
 1909         2. Who defaults on the payment of any obligation or debt
 1910  due to this state or a county.
 1911         (b) The commission must revoke the supplier’s license of a
 1912  licensee for any cause that, if known to the commission, would
 1913  have disqualified the applicant from receiving a license.
 1914         (9) A supplier’s licensee may repair gaming equipment,
 1915  devices, or supplies in a facility owned or leased by the
 1916  licensee.
 1917         (10) Gaming devices, equipment, or supplies owned by a
 1918  supplier’s licensee which are used in an unauthorized gaming
 1919  operation shall be forfeited to the county where the equipment
 1920  is found.
 1921         (11) The commission may revoke the license or deny the
 1922  application for a supplier’s license of a person who fails to
 1923  comply with this section.
 1924         (12) A person who knowingly makes a false statement on an
 1925  application for a supplier’s license commits a misdemeanor of
 1926  the first degree, punishable as provided in s. 775.082 or s.
 1927  775.083, Florida Statutes.
 1928         Section 29. Occupational licenses.—
 1929         (1) The Legislature finds that, due to the nature of their
 1930  employment, some gaming employees require heightened state
 1931  scrutiny, including licensing and criminal history record
 1932  checks.
 1933         (2)Any person who desires to be a gaming employee and has
 1934  a bona fide offer of employment from a licensed gaming entity
 1935  shall apply to the commission for an occupational license. A
 1936  person may not be employed as a gaming employee unless that
 1937  person holds an appropriate occupational license issued under
 1938  this section. The commission may adopt rules to reclassify a
 1939  category of nongaming employees or gaming employees upon a
 1940  finding that the reclassification is in the public interest and
 1941  consistent with the objectives of the Resort Act.
 1942         (3) An applicant for an occupational license must apply to
 1943  the commission on forms adopted by the commission by rule. An
 1944  occupational license is valid for 1 year following issuance. The
 1945  application must be accompanied by the licensing fee set by the
 1946  commission. The licensing fee may not exceed $50 for an employee
 1947  of a resort licensee.
 1948         (a) The applicant shall set forth in the application
 1949  whether the applicant:
 1950         1. Has been issued a gaming-related license in any
 1951  jurisdiction.
 1952         2. Has been issued a gaming-related license in any other
 1953  jurisdiction under any other name and, if so, the name and the
 1954  applicant’s age at the time of licensure.
 1955         3. Has had a permit or license issued by another
 1956  jurisdiction suspended, restricted, or revoked and, if so, for
 1957  what period of time.
 1958         (b) An applicant for an occupational license must include
 1959  his or her fingerprints in the application.
 1960         (4) To be eligible for an occupational license, an
 1961  applicant must:
 1962         (a) Be at least 21 years of age to perform any function
 1963  directly relating to limited gaming by patrons;
 1964         (b) Be at least 18 years of age to perform nongaming
 1965  functions;
 1966         (c) Not have been convicted of a felony or a crime
 1967  involving dishonesty or moral turpitude in any jurisdiction; and
 1968         (d) Meet the standards for the occupational license as
 1969  provided in commission rules.
 1970         (5) The commission must deny an application for an
 1971  occupational license for any person:
 1972         (a) Who is not qualified to perform the duties required of
 1973  the licensee;
 1974         (b) Who fails to disclose or knowingly submits false
 1975  information in the application;
 1976         (c) Who has violated the Resort Act; or
 1977         (d)Who has had a gaming-related license or application
 1978  suspended, restricted, revoked, or denied in any other
 1979  jurisdiction.
 1980         (6)(a) The commission may suspend, revoke, or restrict the
 1981  occupational license of a licensee:
 1982         1. Who violates the Resort Act or the rules of the
 1983  commission;
 1984         2. Who defaults on the payment of any obligation or debt
 1985  due to this state or a county; or
 1986         3. For any just cause.
 1987         (b) The commission shall revoke the occupational license of
 1988  a licensee for any cause that, if known to the commission, would
 1989  have disqualified the applicant from receiving a license.
 1990         (7) Any training provided for an occupational licensee may
 1991  be conducted in the facility of a resort licensee or at a school
 1992  with which the resort licensee has entered into an agreement for
 1993  that purpose.
 1994         (8) A person who knowingly makes a false statement on an
 1995  application for an occupational license commits a misdemeanor of
 1996  the first degree, punishable as provided in s. 775.082 or s.
 1997  775.083, Florida Statutes.
 1998         Section 30. Temporary supplier’s license; temporary
 1999  occupational license.—
 2000         (1) Upon the written request of an applicant for a
 2001  supplier’s license or an occupational license, the executive
 2002  director shall issue a temporary license to the applicant and
 2003  permit the applicant to undertake employment with or provide
 2004  gaming equipment, devices, or supplies or other goods or
 2005  services to a resort licensee or an applicant for a resort
 2006  license if:
 2007         (a) The applicant has submitted a completed application, an
 2008  application fee, all required disclosure forms, and other
 2009  required written documentation and materials;
 2010         (b) A preliminary review of the application and the
 2011  criminal history record check does not reveal that the applicant
 2012  or a person subject to a criminal history record check has been
 2013  convicted of a crime that would require denial of the
 2014  application;
 2015         (c) A deficiency does not appear to exist in the
 2016  application which may require denial of the application; and
 2017         (d) The applicant has an offer of employment from, or an
 2018  agreement to begin providing gaming devices, equipment, or
 2019  supplies or other goods and services to, a resort licensee or an
 2020  applicant for a resort license, or the applicant for a temporary
 2021  license shows good cause for being granted a temporary license.
 2022         (2) A temporary occupational license or supplier’s license
 2023  may not be valid for more than 90 days.
 2024         (3) An applicant who receives a temporary license may
 2025  undertake employment with or supply a resort licensee with
 2026  gaming devices, equipment, or supplies or other goods or
 2027  services until a license is issued or denied or until the
 2028  temporary license expires or is suspended or revoked.
 2029         Section 31. Quarterly report.The commission shall file
 2030  quarterly reports with the Governor, the President of the
 2031  Senate, and the Speaker of the House of Representatives covering
 2032  the previous fiscal quarter. The report must include:
 2033         (1) A statement of receipts and disbursements related to
 2034  limited gaming;
 2035         (2) A summary of disciplinary actions taken by the
 2036  commission; and
 2037         (3) Any additional information and recommendations that the
 2038  commission believes may improve the regulation of limited gaming
 2039  or increase the economic benefits of limited gaming to this
 2040  state.
 2041         Section 32. Hearings by the commission.—
 2042         (1) The chair of the commission may participate in any
 2043  proceeding pending before the commission when administrative
 2044  duties and time permit. In order to distribute the workload and
 2045  expedite the commission’s calendar, the chair, in addition to
 2046  other administrative duties, may assign the various proceedings
 2047  pending before the commission requiring hearings to two or more
 2048  commissioners. Only those commissioners assigned to a proceeding
 2049  requiring hearings may participate in the final decision of the
 2050  commission as to that proceeding. However, if only two
 2051  commissioners are assigned to a proceeding requiring a hearing
 2052  and they cannot agree on a final decision, the chair shall cast
 2053  the deciding vote for final disposition of the proceeding. If
 2054  more than two commissioners are assigned to any proceeding, a
 2055  majority of the members assigned shall constitute a quorum and a
 2056  majority vote of the members assigned shall be essential to
 2057  final commission disposition of those proceedings. If a
 2058  commissioner becomes unavailable after assignment to a
 2059  particular proceeding, the chair must assign a substitute
 2060  commissioner. A petition for reconsideration must be voted upon
 2061  by those commissioners participating in the final disposition of
 2062  the proceeding.
 2063         (2) A majority of the commissioners may determine that the
 2064  full commission will sit in any proceeding. Any party to a
 2065  proceeding may file a petition requesting that the proceeding be
 2066  assigned to the full commission. Within 15 days after receipt by
 2067  the commission of any petition, the full commission must dispose
 2068  of such petition by majority vote and render a written decision
 2069  before the matter may be heard by less than the full commission.
 2070         (3) This section does not prohibit a commissioner
 2071  designated by the chair from conducting a hearing as provided
 2072  under ss. 120.569 and 120.57(1), Florida Statutes, and the rules
 2073  of the commission.
 2074         Section 33. Resolution of disputes between licensees and
 2075  patrons.—
 2076         (1) Whenever a resort licensee has a dispute with a patron
 2077  which is not resolved to the satisfaction of the patron and
 2078  involves:
 2079         (a) Alleged winnings, alleged losses, or the award or
 2080  distribution of cash, prizes, benefits, tickets, or any other
 2081  item or items in a game, tournament, contest, drawing,
 2082  promotion, race, or similar activity or event; or
 2083         (b) The manner in which a game, tournament, contest,
 2084  drawing, promotion, race, or similar activity or event was
 2085  conducted,
 2086  
 2087  the licensee must immediately notify the commission of the
 2088  dispute if the amount disputed is $500 or more. If the dispute
 2089  involves an amount less than $500, the licensee must immediately
 2090  notify the patron of his or her right to file a complaint with
 2091  the commission.
 2092         (2) Upon notice of a dispute or receipt of a complaint, the
 2093  commission shall conduct any investigation it deems necessary
 2094  and may order the licensee to make a payment to the patron upon
 2095  a finding that the licensee is liable for the disputed amount.
 2096  The decision of the commission is effective on the date the
 2097  aggrieved party receives notice of the decision. Notice of the
 2098  decision is deemed sufficient if it is mailed to the last known
 2099  address of the licensee and the patron. The notice is deemed to
 2100  have been received by the resort licensee or the patron 5 days
 2101  after it is deposited with the United States Postal Service with
 2102  postage prepaid.
 2103         (3) The failure of a resort licensee to notify the
 2104  commission of the dispute or the patron of the right to file a
 2105  complaint is grounds for disciplinary action.
 2106         Section 34. Enforcement of credit instruments.—
 2107         (1) A credit instrument and the debt that instrument
 2108  represents are valid and may be enforced by legal process.
 2109         (2) A resort licensee may accept an incomplete credit
 2110  instrument that:
 2111         (a) Is signed by the patron; and
 2112         (b) States the amount of the debt in numbers, and may
 2113  complete the instrument as is necessary for the instrument to be
 2114  presented for payment.
 2115         (3) A resort licensee may accept a credit instrument that
 2116  is payable to an affiliate or may complete a credit instrument
 2117  payable to an affiliate if the credit instrument otherwise
 2118  complies with this section and the records of the affiliate
 2119  pertaining to the credit instrument are made available to the
 2120  commission upon request.
 2121         (4) A resort licensee may accept a credit instrument
 2122  before, during, or after the patron incurs the debt. The credit
 2123  instrument and the debt that the instrument represents are
 2124  enforceable without regard to whether the credit instrument was
 2125  accepted before, during, or after the incurring of the debt.
 2126         (5) This section does not prohibit the establishment of an
 2127  account by a deposit of cash, recognized traveler’s check, or
 2128  any other instrument that is equivalent to cash.
 2129         (6) If a credit instrument is lost or destroyed, the debt
 2130  represented by the credit instrument may be enforced if the
 2131  resort licensee or person acting on behalf of the licensee can
 2132  prove the existence of the credit instrument.
 2133         (7) The existence of a mental disorder in a patron who
 2134  provides a credit instrument to a resort licensee:
 2135         (a) Is not a defense in any action by a resort licensee to
 2136  enforce a credit instrument or the debt that the credit
 2137  instrument represents.
 2138         (b) Is not a valid counterclaim in an action to enforce the
 2139  credit instrument or the debt that the credit instrument
 2140  represents.
 2141         (8) The failure of a resort licensee to comply with the
 2142  provisions of this section or commission rules does not
 2143  invalidate a credit instrument or affect its ability to enforce
 2144  the credit instrument or the debt that the credit instrument
 2145  represents.
 2146         (9) The commission may adopt rules prescribing the
 2147  conditions under which a credit instrument may be redeemed or
 2148  presented to a bank or credit union for collection or payment.
 2149         Section 35. Voluntary self-exclusion from a limited gaming
 2150  facility.—
 2151         (1) A person may request that he or she be excluded from
 2152  limited gaming facilities in this state by personally submitting
 2153  a Request for Voluntary Self-exclusion from Limited Gaming
 2154  Facilities Form to the commission. The form must require the
 2155  person requesting exclusion to:
 2156         (a) State his or her:
 2157         1. Name, including any aliases or nicknames;
 2158         2. Date of birth;
 2159         3. Current residential address;
 2160         4. Telephone number;
 2161         5. Social security number; and
 2162         6. Physical description, including height, weight, gender,
 2163  hair color, eye color, and any other physical characteristic
 2164  that may assist in the identification of the person.
 2165  
 2166  A self-excluded person must update the information in this
 2167  paragraph on forms supplied by the commission within 30 days
 2168  after any change.
 2169         (b) Select one of the following as the duration of the
 2170  self-exclusion:
 2171         1. One year.
 2172         2. Five years.
 2173         3. Lifetime.
 2174         (c) Execute a release in which the person:
 2175         1. Acknowledges that the request for exclusion has been
 2176  made voluntarily.
 2177         2. Certifies that the information provided in the request
 2178  for self-exclusion is true and correct.
 2179         3. Acknowledges that the individual requesting self
 2180  exclusion is a problem gambler.
 2181         4. Acknowledges that a person requesting a lifetime
 2182  exclusion will not be removed from the self-exclusion list and
 2183  that a person requesting a 1-year or 5-year exclusion will
 2184  remain on the self-exclusion list until a request for removal is
 2185  approved by the commission.
 2186         5. Acknowledges that, if the individual is discovered on
 2187  the gaming floor of a limited gaming facility, the individual
 2188  may be removed and may be arrested and prosecuted for criminal
 2189  trespass.
 2190         6. Releases, indemnifies, holds harmless, and forever
 2191  discharges the state, commission, and all licensee from any
 2192  claims, damages, losses, expenses, or liability arising out of,
 2193  by reason of or relating to the self-excluded person or to any
 2194  other party for any harm, monetary or otherwise, which may arise
 2195  as a result of one or more of the following:
 2196         a. The failure of a resort licensee to withhold gaming
 2197  privileges from or restore gaming privileges to a self-excluded
 2198  person.
 2199         b. Permitting or prohibiting a self-excluded person from
 2200  engaging in gaming activity in a limited gaming facility.
 2201         (2) A person submitting a self-exclusion request must
 2202  present to the commission a government-issued form of
 2203  identification containing the person’s signature.
 2204         (3) The commission shall take a photograph of a person
 2205  requesting self-exclusion at the time the person submits a
 2206  request for self-exclusion.
 2207         Section 36. Section 849.15, Florida Statutes, is amended to
 2208  read:
 2209         849.15 Manufacture, sale, possession, etc., of coin
 2210  operated devices prohibited.—
 2211         (1) It is unlawful:
 2212         (a) To manufacture, own, store, keep, possess, sell, rent,
 2213  lease, let on shares, lend or give away, transport, or expose
 2214  for sale or lease, or to offer to sell, rent, lease, let on
 2215  shares, lend or give away, or permit the operation of, or for
 2216  any person to permit to be placed, maintained, or used or kept
 2217  in any room, space, or building owned, leased or occupied by the
 2218  person or under the person’s management or control, any slot
 2219  machine or device or any part thereof; or
 2220         (b) To make or to permit to be made with any person any
 2221  agreement with reference to any slot machine or device, pursuant
 2222  to which the user thereof, as a result of any element of chance
 2223  or other outcome unpredictable to him or her, may become
 2224  entitled to receive any money, credit, allowance, or thing of
 2225  value or additional chance or right to use such machine or
 2226  device, or to receive any check, slug, token or memorandum
 2227  entitling the holder to receive any money, credit, allowance or
 2228  thing of value.
 2229         (2) Pursuant to section 2 of that chapter of the Congress
 2230  of the United States entitled “An act to prohibit transportation
 2231  of gaming devices in interstate and foreign commerce,” approved
 2232  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
 2233  designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
 2234  acting by and through the duly elected and qualified members of
 2235  its Legislature, does hereby in this section, and in accordance
 2236  with and in compliance with the provisions of section 2 of such
 2237  chapter of Congress, declare and proclaim that any county of the
 2238  State of Florida within which slot machine gaming is authorized
 2239  pursuant to the Destination Resort Act, sections 3 through 35 of
 2240  this act, or chapter 551 is exempt from the provisions of
 2241  section 2 of that chapter of the Congress of the United States
 2242  entitled “An act to prohibit transportation of gaming devices in
 2243  interstate and foreign commerce,” designated as 15 U.S.C. ss.
 2244  1171-1177, approved January 2, 1951. All shipments of gaming
 2245  devices, including slot machines, into any county of this state
 2246  within which slot machine gaming is authorized pursuant to the
 2247  Destination Resort Act, sections 3 through 35 of this act, or
 2248  chapter 551 and the registering, recording, and labeling of
 2249  which have been duly performed by the manufacturer or
 2250  distributor thereof in accordance with sections 3 and 4 of that
 2251  chapter of the Congress of the United States entitled “An act to
 2252  prohibit transportation of gaming devices in interstate and
 2253  foreign commerce,” approved January 2, 1951, being ch. 1194, 64
 2254  Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
 2255  shall be deemed legal shipments thereof into this state provided
 2256  the destination of such shipments is an eligible facility as
 2257  defined in s. 551.102, or the facility of a slot machine
 2258  manufacturer or slot machine distributor as provided in s.
 2259  551.109(2)(a), or the facility of a resort licensee or supplier
 2260  licensee under the Destination Resort Act, sections 3 through 35
 2261  of this act.
 2262         Section 37. Section 849.231, Florida Statutes, is amended
 2263  to read:
 2264         849.231 Gambling devices; manufacture, sale, purchase or
 2265  possession unlawful.—
 2266         (1) Except in instances when the following described
 2267  implements or apparatus are being held or transported by
 2268  authorized persons for the purpose of destruction, as
 2269  hereinafter provided, and except in instances when the following
 2270  described instruments or apparatus are being held, sold,
 2271  transported, or manufactured by persons who have registered with
 2272  the United States Government pursuant to the provisions of Title
 2273  15 of the United States Code, ss. 1171 et seq., as amended, so
 2274  long as the described implements or apparatus are not displayed
 2275  to the general public, sold for use in Florida, or held or
 2276  manufactured in contravention of the requirements of 15 U.S.C.
 2277  ss. 1171 et seq., it shall be unlawful for any person to
 2278  manufacture, sell, transport, offer for sale, purchase, own, or
 2279  have in his or her possession any roulette wheel or table, faro
 2280  layout, crap table or layout, chemin de fer table or layout,
 2281  chuck-a-luck wheel, bird cage such as used for gambling, bolita
 2282  balls, chips with house markings, or any other device,
 2283  implement, apparatus, or paraphernalia ordinarily or commonly
 2284  used or designed to be used in the operation of gambling houses
 2285  or establishments, excepting ordinary dice and playing cards.
 2286         (2) In addition to any other penalties provided for the
 2287  violation of this section, any occupational license held by a
 2288  person found guilty of violating this section shall be suspended
 2289  for a period not to exceed 5 years.
 2290         (3) This section and s. 849.05 do not apply to a vessel of
 2291  foreign registry or a vessel operated under the authority of a
 2292  country except the United States, while docked in this state or
 2293  transiting in the territorial waters of this state.
 2294         (4) This section does not apply to limited gaming as
 2295  authorized by the Destination Resort Act, sections 3 through 35
 2296  of this act.
 2297         Section 38. Section 849.25, Florida Statutes, is amended to
 2298  read:
 2299         849.25 “Bookmaking” defined; penalties; exceptions.—
 2300         (1)(a) The term “bookmaking” means the act of taking or
 2301  receiving, while engaged in the business or profession of
 2302  gambling, any bet or wager upon the result of any trial or
 2303  contest of skill, speed, power, or endurance of human, beast,
 2304  fowl, motor vehicle, or mechanical apparatus or upon the result
 2305  of any chance, casualty, unknown, or contingent event
 2306  whatsoever.
 2307         (b) The following factors shall be considered in making a
 2308  determination that a person has engaged in the offense of
 2309  bookmaking:
 2310         1. Taking advantage of betting odds created to produce a
 2311  profit for the bookmaker or charging a percentage on accepted
 2312  wagers.
 2313         2. Placing all or part of accepted wagers with other
 2314  bookmakers to reduce the chance of financial loss.
 2315         3. Taking or receiving more than five wagers in any single
 2316  day.
 2317         4. Taking or receiving wagers totaling more than $500 in
 2318  any single day, or more than $1,500 in any single week.
 2319         5. Engaging in a common scheme with two or more persons to
 2320  take or receive wagers.
 2321         6. Taking or receiving wagers on both sides on a contest at
 2322  the identical point spread.
 2323         7. Any other factor relevant to establishing that the
 2324  operating procedures of such person are commercial in nature.
 2325         (c) The existence of any two factors listed in paragraph
 2326  (b) may constitute prima facie evidence of a commercial
 2327  bookmaking operation.
 2328         (2) Any person who engages in bookmaking commits shall be
 2329  guilty of a felony of the third degree, punishable as provided
 2330  in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
 2331  provisions of s. 948.01, any person convicted under the
 2332  provisions of this subsection shall not have adjudication of
 2333  guilt suspended, deferred, or withheld.
 2334         (3) Any person who has been convicted of bookmaking and
 2335  thereafter violates the provisions of this section commits shall
 2336  be guilty of a felony of the second degree, punishable as
 2337  provided in s. 775.082, s. 775.083, or s. 775.084.
 2338  Notwithstanding the provisions of s. 948.01, any person
 2339  convicted under the provisions of this subsection shall not have
 2340  adjudication of guilt suspended, deferred, or withheld.
 2341         (4) Notwithstanding the provisions of s. 777.04, any person
 2342  who is guilty of conspiracy to commit bookmaking is shall be
 2343  subject to the penalties imposed by subsections (2) and (3).
 2344         (5) This section does shall not apply to pari-mutuel
 2345  wagering in Florida as authorized under chapter 550.
 2346         (6) This section does shall not apply to any prosecutions
 2347  filed and pending at the time of the passage hereof, but all
 2348  such cases shall be disposed of under existing laws at the time
 2349  of the institution of such prosecutions.
 2350         (7) This section does not apply to limited gaming as
 2351  authorized in the Destination Resort Act, sections 3 through 35
 2352  of this act.
 2353         Section 39. This act shall take effect July 1, 2011.

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