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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A A bill to be entitled An act relating to fantasy sports contests;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A A bill to be entitled An act relating to fantasy sports contests;
requiring a contest operator to annually contract with a third party to perform an independent audit;
requiring a contest operator to contract with a third party to perform an annual independent audit;
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A specified statistics, results, outcomes, and other data relating to a professional sporting event;
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A specified statistics, results, outcomes, and other data relating to a professional sporting event;
creating s.
849.59, F.S.;
specifying that certain activities relating to fantasy sports contests are not subject to certain gambling- related prohibitions;
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849.52 Legislative intent.—It is the intent of the Legislature to ensure public confidence in the integrity of fantasy sports contests and contest operators.
This act is Page 2 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A 849.52 Legislative intent.—It is the intent of the Legislature to ensure public confidence in the integrity of fantasy sports contests and contest operators.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A designed to regulate the contest operators and individuals who participate in such contests and to enact consumer protections related to fantasy sports contests.
This act is designed to regulate the contest operators and individuals who participate in such contests and to enact consumer protections related to fantasy sports contests.
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(6) "Entry fee" means the cash or cash equivalent amount that is required to be paid by a person to a contest operator or noncommercial contest operator to participate in a fantasy Page 3 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A (6) "Entry fee" means the cash or cash equivalent amount that is required to be paid by a person to a contest operator or noncommercial contest operator to participate in a fantasy sports contest.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A sports contest.
or Page 4 of 15 CODING:
or 2.
The performance of at least 5 players in individual athlete sports.
(e) No winning outcome is based on a pari-mutuel event, as Page 4 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A 2.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A the term "pari-mutuel" is defined in s.
The performance of at least 5 players in individual athlete sports.
(e) No winning outcome is based on a pari-mutuel event, as the term "pari-mutuel" is defined in s.
(2) The division may:
(a) Conduct investigations and monitor the operation and play of fantasy sports contests.
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A (2) The division may:
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A (b) Review the books, accounts, and records of any current or former contest operator.
(a) Conduct investigations and monitor the operation and play of fantasy sports contests.
(b) Review the books, accounts, and records of any current or former contest operator.
The division shall have the authority to issue an order to such licensed or unlicensed person or entity or contest operator or noncommercial contest operator to cease and desist the further conduct of such activities, to seek an injunction, or to take other appropriate action to enforce the requirements of Page 6 of 15 CODING:
The division shall have the authority to issue an order to such licensed or unlicensed person or entity or contest operator or noncommercial contest operator to cease and desist the further conduct of such activities, to seek an injunction, or to take other appropriate action to enforce the requirements of this act.
(3) The division shall adopt rules to implement and administer this act.
Such rules may not conflict with, and must Page 6 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A this act.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A be applied, construed, and interpreted in a manner consistent with, the gaming compact ratified, approved, and described in s.
(3) The division shall adopt rules to implement and administer this act.
Such rules may not conflict with, and must be applied, construed, and interpreted in a manner consistent with, the gaming compact ratified, approved, and described in s.
(b) If the applicant is a corporation, the name of the state in which the applicant is incorporated and the names and addresses of the officers, directors, and shareholders who hold 15 percent or more equity.
(b) If the applicant is a corporation, the name of the state in which the applicant is incorporated and the names and addresses of each shareholder or other person who holds 15 percent or more equity in the corporation and each officer and director.
(d) The names and addresses of the ultimate equitable owners of the corporation or other business entity, if different from those provided under paragraph (b) or paragraph (c), unless the securities of the corporation or entity are registered Page 7 of 15 CODING:
(d) The names and addresses of the ultimate equitable owners of the corporation or other business entity, if different from those provided under paragraph (b) or paragraph (c), unless the securities of the corporation or entity are registered pursuant to s.
Words stricken are deletions;
words underlined are additions.
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A pursuant to s.
1.
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Words stricken are deletions;
words underlined are additions.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A 1.
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2.
Fingerprints submitted to the Department of Law Enforcement pursuant to this paragraph shall be retained by the Page 8 of 15 CODING:
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hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A 2.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A Department of Law Enforcement as provided in s.
Fingerprints submitted to the Department of Law Enforcement pursuant to this paragraph shall be retained by the Department of Law Enforcement as provided in s.
(4) The license of a contest operator is automatically suspended upon entry of a final order imposing an administrative Page 9 of 15 CODING:
(4) The license of a contest operator is automatically suspended upon entry of a final order imposing an administrative fine against the contest operator, until the administrative fine is paid, if 30 calendar days have elapsed since the entry of the Page 9 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A fine against the contest operator, until the administrative fine is paid, if 30 calendar days have elapsed since the entry of the final order.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A final order.
For the purposes of this paragraph, the term "relative" means a spouse, father, mother, son, daughter, grandfather, grandmother, brother, sister, uncle, aunt, cousin, nephew, niece, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, Page 10 of 15 CODING:
For the purposes of this paragraph, the term "relative" means a spouse, father, mother, son, daughter, grandfather, grandmother, brother, sister, uncle, aunt, cousin, nephew, niece, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
(b) Prohibit the contest operator from being a contest Page 10 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A stepbrother, stepsister, half-brother, or half-sister.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A participant in a fantasy sports contest that it offers.
(b) Prohibit the contest operator from being a contest participant in a fantasy sports contest that it offers.
(h) Segregate contest participants' funds from operational Page 11 of 15 CODING:
(h) Segregate contest participants' funds from operational funds or maintain a reserve in the form of cash, cash equivalents, payment processor reserves, payment processor Page 11 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A funds or maintain a reserve in the form of cash, cash equivalents, payment processor reserves, payment processor receivables, an irrevocable letter of credit, a bond, or a combination thereof in the total amount of deposits in contest participants' accounts for the benefit and protection of authorized contest participants' funds held in fantasy sports contest accounts.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A receivables, an irrevocable letter of credit, a bond, or a combination thereof in the total amount of deposits in contest participants' accounts for the benefit and protection of authorized contest participants' funds held in fantasy sports contest accounts.
(2)(a) A contest operator must annually contract with a third party to perform an independent audit, consistent with the standards established by the American Institute of Certified Public Accountants, to ensure compliance with this act.
(2)(a) A contest operator must contract with a third party to perform an annual independent audit, consistent with the standards established by the American Institute of Certified Public Accountants, to ensure compliance with this act.
Section 849.57, Florida Statutes, is created to Page 12 of 15 CODING:
Section 849.57, Florida Statutes, is created to read:
849.57 Records and reports.—Each contest operator shall Page 12 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A read:
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A keep daily records of its operations and shall maintain such records for at least 3 years.
849.57 Records and reports.—Each contest operator shall keep daily records of its operations and shall maintain such records for at least 3 years.
(b) The penalty provisions established in this subsection do not apply to violations committed by a contest operator which occurred before the issuance of a license under this act if the Page 13 of 15 CODING:
(b) The penalty provisions established in this subsection do not apply to violations committed by a contest operator which occurred before the issuance of a license under this act if the contest operator applies for a license within 90 days after July 1, 2021, and receives a license within 240 days after July 1, Page 13 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A contest operator applies for a license within 90 days after July 1, 2021, and receives a license within 240 days after July 1, 2021.
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A 2021.
Section 849.59, Florida Statutes, is created to read:
If HB 3A, 2021 Special Session A, becomes a law, subsection (1) of section 11 of HB 3A, 2021 Special Session A, is amended to read:
849.59 Fantasy sports contest exemptions.—Sections 849.01, 849.08, 849.09, 849.11, 849.14, and 849.25 do not apply to participation in or the conduct of fantasy sports contests conducted pursuant to this chapter.
(1) Effective July 1, 2022, all powers, duties, functions, records, offices, personnel, associated administrative support positions, property, pending issues, existing contracts, administrative authority, administrative rules, and unexpended balances of appropriations, allocations, and other funds in the Department of Business and Professional Regulation related to Page 14 of 15 CODING:
Section 10.
If HB 3A, 2021 Special Session A, becomes a Page 14 of 15 CODING:
hb0009a-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 9A 2021A law, subsection (1) of section 11 of HB 3A, 2021 Special Session A, is amended to read:
hb0009a-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9A 2021A the oversight responsibilities by the state compliance agency for authorized gaming compacts under s.
(1) Effective July 1, 2022, all powers, duties, functions, records, offices, personnel, associated administrative support positions, property, pending issues, existing contracts, administrative authority, administrative rules, and unexpended balances of appropriations, allocations, and other funds in the Department of Business and Professional Regulation related to the oversight responsibilities by the state compliance agency for authorized gaming compacts under s.
Section 11.
Section 10.
hb0009a-00
hb0009a-01-c1
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