PCB COM 21-03 — An Act Relating to Gaming Enforcement (2021)
Summary
Proposed committee bill PCB COM 21-03 ORIGINAL of 2021, a bill to be entitled an act relating to gaming enforcement, running 37 pages. It would create the Florida Gaming Control Commission within the Office of the Attorney General, with provisions on membership, removal of members by the Governor, powers and duties, hearings, and an annual budget request and report. Further sections create background screening requirements for commission service, standards of conduct enforced through the Commission on Ethics, and a type two transfer of powers from the Department of Business and Professional Regulation. Section 8 directs the Division of Law Revision to prepare a reviser's bill, and Section 9 ties the effective date to PCB COM 21-05 or similar legislation.
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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
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1 A bill to be entitled
2 An act relating to gaming enforcement; amending s.
3 16.56, F.S.; expanding the authority of the Office of
4 Statewide Prosecution within the Department of Legal
5 Affairs to investigate and prosecute the offenses of
6 certain crimes; creating s. 16.71, F.S.; creating the
7 Florida Gaming Control Commission within the Office of
8 the Attorney General; providing for membership of the
9 commission; providing for the removal of members of
10 the commission by the Governor under certain
11 circumstances; providing rights for certain employees
12 of the commission; providing requirements and powers
13 for employees serving as law enforcement officers for
14 the commission; providing powers and duties of the
15 commission; providing requirements for hearings
16 relating to the commission; authorizing the commission
17 to submit certain written recommendations to the
18 Governor and the Legislature upon certain findings;
19 requiring the commission to annually develop a budget
20 request; requiring the department to submit the budget
21 request to the Governor for transmittal to the
22 Legislature; authorizing the commission to contract or
23 consult with certain agencies; requiring an annual
24 report be made by the division to the Governor and the
25 Legislature; specifying content required for the
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26 report; creating s. 16.712, F.S.; requiring a person
27 to submit to certain background screening requirements
28 prior to serving on or being employed with the
29 commission; providing procedures and conditions for
30 retention of fingerprints; requiring a person subject
31 to the background screening to pay the costs of
32 fingerprint processing; creating s. 16.715, F.S.;
33 providing construction; providing standards of conduct
34 for commissioners and employees of the commission;
35 requiring commissioners and employees of the
36 commission to complete specified annual training;
37 requiring the Commission on Ethics to accept and
38 investigate any alleged violations of the standards of
39 conduct for commissioners and employees; providing
40 requirements for such investigations; authorizing a
41 commissioner or an employee of the commission to
42 request an advisory opinion from the Commission on
43 Ethics; providing a definition for ex parte
44 communication; providing requirements relating to ex
45 parte communications; providing civil penalties;
46 amending s. 285.710, F.S.; revising the definition of
47 the term "state compliance agency"; designating the
48 Florida Gaming Control Commission as the state
49 compliance agency having authority to carry out
50 certain responsibilities; transferring all powers,
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51 duties, functions, records, offices, personnel,
52 property, pending issues, existing contracts,
53 administrative authority, administrative rules, trust
54 funds, and unexpended balances of appropriations,
55 allocations, and other funds of the Department of
56 Business and Professional Regulation to the commission
57 by a type two transfer; requiring the Department of
58 Legal Affairs to provide administrative support to the
59 commission until such transfer is complete; providing
60 a directive to the Division of Law Revision; providing
61 contingent effective dates.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Paragraph (a) of subsection (1) of section
66 16.56, Florida Statutes, is amended to read:
67 16.56 Office of Statewide Prosecution.—
68 (1) There is created in the Department of Legal Affairs an
69 Office of Statewide Prosecution. The office shall be a separate
70 "budget entity" as that term is defined in chapter 216. The
71 office may:
72 (a) Investigate and prosecute the offenses of:
73 1. Bribery, burglary, criminal usury, extortion, gambling,
74 kidnapping, larceny, murder, prostitution, perjury, robbery,
75 carjacking, home-invasion robbery, and patient brokering;
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76 2. Any crime involving narcotic or other dangerous drugs;
77 3. Any violation of the Florida RICO (Racketeer Influenced
78 and Corrupt Organization) Act, including any offense listed in
79 the definition of racketeering activity in s. 895.02(8)(a),
80 providing such listed offense is investigated in connection with
81 a violation of s. 895.03 and is charged in a separate count of
82 an information or indictment containing a count charging a
83 violation of s. 895.03, the prosecution of which listed offense
84 may continue independently if the prosecution of the violation
85 of s. 895.03 is terminated for any reason;
86 4. Any violation of the Florida Anti-Fencing Act;
87 5. Any violation of the Florida Antitrust Act of 1980, as
88 amended;
89 6. Any crime involving, or resulting in, fraud or deceit
90 upon any person;
91 7. Any violation of s. 847.0135, relating to computer
92 pornography and child exploitation prevention, or any offense
93 related to a violation of s. 847.0135 or any violation of
94 chapter 827 where the crime is facilitated by or connected to
95 the use of the Internet or any device capable of electronic data
96 storage or transmission;
97 8. Any violation of chapter 815;
98 9. Any criminal violation of part I of chapter 499;
99 10. Any violation of the Florida Motor Fuel Tax Relief Act
100 of 2004;
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101 11. Any criminal violation of s. 409.920 or s. 409.9201;
102 12. Any crime involving voter registration, voting, or
103 candidate or issue petition activities;
104 13. Any criminal violation of the Florida Money Laundering
105 Act;
106 14. Any criminal violation of the Florida Securities and
107 Investor Protection Act; or
108 15. Any violation of chapter 787, as well as any and all
109 offenses related to a violation of chapter 787; or
110 16. Any violation of chapter 24, chapter 285, chapter 546,
111 chapter 550, chapter 551, or chapter 849, including violations
112 referred by the Department of Agriculture and Consumer Services,
113 the Department of Business and Professional Regulation, the
114 Department of the Lottery, the Florida Gaming Control
115 Commission, or the Seminole Tribe of Florida.
116
117 or any attempt, solicitation, or conspiracy to commit any of the
118 crimes specifically enumerated above. The office shall have such
119 power only when any such offense is occurring, or has occurred,
120 in two or more judicial circuits as part of a related
121 transaction, or when any such offense is connected with an
122 organized criminal conspiracy affecting two or more judicial
123 circuits. Informations or indictments charging such offenses
124 shall contain general allegations stating the judicial circuits
125 and counties in which crimes are alleged to have occurred or the
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126 judicial circuits and counties in which crimes affecting such
127 circuits or counties are alleged to have been connected with an
128 organized criminal conspiracy.
129 Section 2. Section 16.71, Florida Statutes, is created to
130 read:
131 16.71 Florida Gaming Control Commission.—
132 (1)(a) There is created within the Department of Legal
133 Affairs, Office of the Attorney General, a Florida Gaming
134 Control Commission, hereinafter referred to as the commission.
135 The commission shall be a separate budget entity and the agency
136 head for all purposes. The Florida Gaming Control Commission is
137 a criminal justice agency as defined in s. 119.011.
138 (b) The commission is not subject to control, supervision,
139 or direction by the Department of Legal Affairs or the Attorney
140 General in the performance of its duties, including, but not
141 limited to, personnel, purchasing transactions involving real or
142 personal property, and budgetary matters.
143 (2)(a) The commission shall consist of five members
144 appointed by the Governor, and subject to confirmation by the
145 Senate, for terms of 4 years. Members of the commission must be
146 appointed by January 1, 2022.
147 1. For the purpose of providing staggered terms, of the
148 initial appointments, 2 members shall be appointed to 4-year
149 terms, 2 members shall be appointed to 3-year terms, and 1
150 member shall be appointed to a 2-year term.
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151 2. Of the five members at least one member must have at
152 least 10 years of experience in law enforcement and criminal
153 investigations, at least one member must be a certified public
154 accountant licensed in this state with at least 10 years of
155 experience in accounting and auditing, and at least one member
156 must be an attorney admitted and authorized to practice law in
157 this state for the preceding 10 years.
158 3. Of the five members, each appellate district shall have
159 one member appointed from the district to the commission who is
160 a resident of the district at the time of the original
161 appointment.
162 4. A person may not apply to the Governor for appointment
163 to the Gaming Control Commission until after a background
164 investigation of the person is conducted by the Department of
165 Law Enforcement and the investigation is forwarded to the
166 Governor.
167 5. A person who holds any office in a political party, who
168 has been convicted of a felony, or who has been convicted of a
169 misdemeanor related to gambling within the previous 10 years may
170 not apply to the Governor for appointment.
171 6. The Governor may not solicit or request any
172 nominations, recommendations or communications about potential
173 candidates for appointment to the commission from:
174 a. Any person that holds a permit or license issued under
175 chapter 550, or a license issued under chapter 551, chapter 546,
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176 or chapter 849; or an officer, official, or employee of such
177 permitholder or licensee; or an ultimate equitable owner, as
178 defined in s. 550.002(37), of such permitholder or licensee; or
179 b. Any officer, official, employee, contractor, or
180 subcontractor of a tribe that has a valid and active compact
181 with the state or an entity employed, licensed, or contracted by
182 such tribe; or an ultimate equitable owner, as defined in s.
183 550.002(37), of such entity; or
184 c. Any registered lobbyist for the executive or
185 legislative branch that represents any person or entity
186 identified in subparagraphs a. and b.
187 (b)1. The Governor may remove a member for cause, including
188 but not limited to, circumstances in which the member commits
189 gross misconduct or malfeasance in office, substantially
190 neglects or is unable to discharge their duties as a member, or
191 is convicted of or found guilty of or has plead nolo contendere
192 to, regardless of adjudication, in any jurisdiction, a felony or
193 misdemeanor that directly relates to gambling, dishonesty,
194 theft, or fraud.
195 2. The Governor may remove a member without cause subject
196 to approval by a majority of the Senate. Upon the resignation or
197 removal from office of a member, the Governor shall appoint a
198 successor pursuant to paragraph (a) who, subject to confirmation
199 by the Senate, shall serve the remainder of the unfinished term.
200 (c) A commissioner shall serve until a successor is
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201 appointed, but commissioners may not serve more than 8 years.
202 Vacancies shall be filled for the unexpired portion of the term.
203 The salary of each commissioner is equal to that paid under
204 state law to a commissioner on the Florida Public Service
205 Commission. The commission shall elect a chair and a vice chair.
206 (d) To aid the commission in its duties, the commission
207 must appoint a person who is not a member of the commission to
208 serve as the executive director of the commission. The executive
209 director shall supervise, direct, coordinate, and administer all
210 activities necessary to fulfill the commission's
211 responsibilities. The commission must appoint the executive
212 director by July 1, 2022. The executive director, with the
213 consent of the commission, shall employ such staff as are
214 necessary to adequately perform the functions of the commission,
215 within budgetary limitations. All employees, except the
216 executive director and attorneys, are subject to part II of
217 chapter 110. The executive director shall serve at the pleasure
218 of the commission and be subject to part III of chapter 110.
219 Attorneys employed by the commission shall be subject to part V
220 of chapter 110. The executive director shall maintain
221 headquarters in and reside in Leon County. The salary of the
222 executive director is equal to that paid under state law to a
223 commissioner on the Florida Public Service Commission.
224 (e)1. A person may not, for the 4 years immediately
225 preceding the date of appointment to or employment with the
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226 commission and while appointed to or employed with the
227 commission:
228 a. Hold a permit or license issued under chapter 550, or a
229 license issued under chapter 551, chapter 546, or chapter 849;
230 be an officer, official, or employee of such permitholder or
231 licensee; or be an ultimate equitable owner, as defined in s.
232 550.002(37), of such permitholder or licensee;
233 b. Be an officer, official, employee, or other person with
234 duties or responsibilities relating to a gaming operation owned
235 by an Indian tribe that has a valid and active compact with the
236 state; be a contractor or subcontractor of such tribe or an
237 entity employed, licensed, or contracted by such tribe; or be an
238 ultimate equitable owner, as defined in s. 550.002(37), of such
239 entity; or
240 c. Be a registered lobbyist for the executive or
241 legislative branch, except while a commissioner when officially
242 representing the commission.
243 2. A person is ineligible for appointment to or employment
244 with the commission if, within the 4 years immediately preceding
245 such appointment or employment, they violated subparagraph 1. or
246 solicited or accepted employment with, acquired any direct or
247 indirect interest in, or had any direct or indirect business
248 association, partnership, or financial relationship with, or is
249 a relative of, any person or entity who is an applicant,
250 licensee, or registrant with the Division of Pari-mutuel
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251 Wagering or the commission.
252
253 For the purposes of this paragraph, the term "relative" means a
254 spouse, father, mother, son, daughter, grandfather, grandmother,
255 brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
256 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
257 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
258 stepbrother, stepsister, half-brother, or half-sister.
259 (f)1. A person may not, for the 6 years immediately
260 following the date of resignation or termination from the
261 commission:
262 a. Hold a permit or license issued under chapter 550, or a
263 license issued under chapter 551, chapter 546, or chapter 849;
264 be an officer, official, or employee of such permitholder or
265 licensee; or be an ultimate equitable owner, as defined in s.
266 550.002(37), of such permitholder or licensee;
267 b. Be an officer, official, employee, or other person with
268 duties or responsibilities relating to a gaming operation owned
269 by an Indian tribe that has a valid and active compact with the
270 state; be a contractor or subcontractor of such tribe or an
271 entity employed, licensed, or contracted by such tribe; or be an
272 ultimate equitable owner, as defined in s. 550.002(37), of such
273 entity; or
274 c. Lobby the Governor or any agency of the state, members
275 or employees of the Legislature, or any county or municipal
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276 government or governmental agency.
277 (g)1. A person employed by the commission may not, for the
278 2 years immediately following the date of termination or
279 resignation from employment with the commission:
280 a. Hold a permit or license issued under chapter 550, or a
281 license issued under chapter 551, chapter 546, or chapter 849;
282 be an officer, official, or employee of such permitholder or
283 licensee; or be an ultimate equitable owner, as defined in s.
284 550.002(37), of such permitholder or licensee;
285 b. Be an officer, official, employee, or other person with
286 duties or responsibilities relating to a gaming operation owned
287 by an Indian tribe that has a valid and active compact with the
288 state; be a contractor or subcontractor of such tribe or an
289 entity employed, licensed, or contracted by such tribe; or be an
290 ultimate equitable owner, as defined in s. 550.002(37), of such
291 entity; or
292 c. Lobby the Governor or any agency of the state, members
293 or employees of the Legislature, or any county or municipal
294 government or governmental agency.
295 (h) Any person violating paragraphs (f) or (g) shall be
296 subject to the penalties for violations of standards of conduct
297 for public officers, employees of agencies, and local government
298 attorneys provided in s. 112.317, and a civil penalty of an
299 amount equal to the compensation which the person receives for
300 the prohibited conduct.
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301 (i) A person is ineligible for appointment to the
302 commission if he or she has committed any of the following:
303 1. Been convicted of or found guilty of or plead nolo
304 contendere to, regardless of adjudication, in any jurisdiction,
305 a felony or misdemeanor that directly relates to gambling,
306 dishonesty, theft, or fraud, within the 10 years immediately
307 preceding such appointment.
308 2. Been convicted of or found guilty of or plead nolo
309 contendere to, regardless of adjudication, in any jurisdiction,
310 a crime listed s. 775.21(4)(a)1. or s. 776.08.
311 3. Had a license or permit issued under chapters 550, 551,
312 546, or chapter 849 or a gaming license issued by any other
313 jurisdiction denied, suspended, or revoked.
314 (j)1. A person is ineligible for employment with the
315 commission if he or she has been convicted of a felony within 5
316 years of the date of application; convicted of a misdemeanor
317 within 5 years of the date of application which the commission
318 determines bears a close relationship to the duties and
319 responsibilities of the position for which employment is sought;
320 or dismissed from prior employment for gross misconduct or
321 incompetence or intentionally making a false statement
322 concerning a material fact in connection with the application
323 for employment to the commission.
324 2. If an employee of the commission is charged with a
325 felony while employed by the commission, the commission shall
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326 suspend the employee, with or without pay, and terminate
327 employment with the commission upon conviction. If an employee
328 of the commission is charged with a misdemeanor while employed
329 by the commission, the commission shall suspend the employee,
330 with or without pay, and may terminate employment with the
331 commission upon conviction if the commission determines that the
332 offense bears a close relationship to the duties and
333 responsibilities of the position held with the commission.
334 (k) A commissioner or employee of the commission must
335 notify the commission within 3 calendar days of arrest for any
336 offense.
337 (l) A member of the commission or an employee must
338 immediately provide detailed written notice of the circumstances
339 to the commission if the member or employee is indicted, charged
340 with, convicted of, pleads guilty or nolo contendere to, or
341 forfeits bail for:
342 1. A misdemeanor involving gambling, dishonesty, theft, or
343 fraud;
344 2. A violation of any law in any state, or a law of the
345 United States or any other jurisdiction, involving gambling,
346 dishonesty, theft, or fraud which substantially corresponds to a
347 misdemeanor in this state; or
348 3. A felony under the laws of this or any other state, the
349 United States, or any other jurisdiction.
350 (m)1. All employees authorized by the commission shall
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351 have access to, and shall have the right to inspect, premises
352 licensed by the Department of Business and Professional
353 Regulation, to collect taxes and remit them to the officer
354 entitled to them, and to examine the books and records of all
355 persons subject to chapter 24, chapter 285, chapter 546, chapter
356 550, chapter 551, or chapter 849. The authorized employees shall
357 require of each such person strict compliance with the laws of
358 this state relating to the license or permit of the licensee.
359 2. Each employee serving as a law enforcement officer for
360 the commission must meet the qualifications for employment or
361 appointment as a law enforcement officer set forth under s.
362 943.13 and must be certified as a law enforcement officer by the
363 Department of Law Enforcement under chapter 943. Upon
364 certification, each law enforcement officer is subject to and
365 has the same authority as provided for law enforcement officers
366 generally in chapter 901 and has statewide jurisdiction. Each
367 officer also has arrest authority as provided for state law
368 enforcement officers in s. 901.15. Each officer possesses the
369 full law enforcement powers granted to other peace officers of
370 this state, including the authority to make arrests, carry
371 firearms, serve court process, and seize contraband and the
372 proceeds of illegal activities.
373 a. The primary responsibility of each officer appointed
374 under this paragraph is to investigate, enforce, and prosecute,
375 throughout the state, violations and violators of chapter 24,
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376 chapter 285, chapter 546, chapter 550, chapter 551, or chapter
377 849, and the rules adopted thereunder, as well as other state
378 laws that the commission or all state law enforcement officers
379 are specifically authorized to enforce.
380 b. The secondary responsibility of each officer appointed
381 under this paragraph is to enforce all other state laws,
382 provided that the enforcement is incidental to exercising the
383 officer's primary responsibility and the officer exercises the
384 powers of a deputy sheriff, only after consultation or
385 coordination with the appropriate local sheriff's office or
386 municipal police department or when the commission participates
387 in the Florida Mutual Aid Plan during a declared state
388 emergency.
389 (3)(a) The commission and its law enforcement officers are
390 specifically authorized to seize any contraband in accordance
391 with the Florida Contraband Forfeiture Act. For purposes of this
392 section, "contraband" has the same meaning as s. 932.701(2)(a)2.
393 (b) The commission is specifically authorized to store and
394 test any contraband that is seized in accordance with the
395 Florida Contraband Forfeiture Act and may authorize any of its
396 staff to implement this provision.
397 (c) The commission may adopt rules to implement this
398 provision.
399 (d) This subsection does not limit the authority of any
400 other person authorized by law to seize contraband.
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401 (4) The commission shall convene at the call of its chair
402 or at the request of a majority of the members of the
403 commission. The presence of three members is required to
404 constitute a quorum, and the affirmative vote of the majority of
405 the members present is required for any action or recommendation
406 by the commission. The commission may meet in any city or county
407 of the state. The commission shall do all of the following:
408 (a) Exercise all of the regulatory and executive powers of
409 the state with respect to gambling, including, without
410 limitation thereto, pari-mutuel wagering, cardrooms, slot
411 machine facilities, oversight of gaming compacts executed by the
412 state pursuant to the Federal Indian Gaming Regulatory Act, and
413 any other forms of gambling authorized by the State Constitution
414 or law, excluding games authorized by s. 15, Art. X of the State
415 Constitution.
416 (b) Establish procedures consistent with chapter 120 to
417 ensure adequate due process in the exercise of its regulatory
418 and executive functions.
419 (c) Ensure that the laws of this state are not interpreted
420 in any manner that expands the activities authorized in chapters
421 24, 285, 546, 550, 551, or 849.
422 (d) Review any matter within the scope of the jurisdiction
423 of the Division of Pari-mutuel Wagering.
424 (e) Review the regulation of licensees, permitholders, or
425 persons regulated by the Division of Pari-mutuel Wagering and
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426 the procedures used by the division to implement and enforce the
427 law.
428 (f) Review the procedures of the Division of Pari-mutuel
429 Wagering which are used to qualify applicants applying for a
430 license, permit, or registration.
431 (g) Refer criminal violations of chapters 24, 285, 546,
432 550, 551, or 849 to the appropriate state attorney or to the
433 Office of Statewide Prosecution, as applicable.
434 (h) Exercise all other powers and perform any other duties
435 prescribed by the Legislature.
436 (i) The commission may adopt rules to implement this
437 section.
438
439 The commission may subpoena witnesses and compel their
440 attendance and testimony, administer oaths and affirmations,
441 take evidence, and require by subpoena the production of any
442 books, papers, records, or other items relevant to the
443 performance of the duties of the commission or to the exercise
444 of its powers.
445 (5) Hearings shall be held before the commission, except
446 that the chair may direct that any hearing be held before one
447 member of the commission or a panel of less than the full
448 commission. The commission shall adopt rules to provide for the
449 filing of a report when hearings are held by a single
450 commissioner or a panel, which rules shall prescribe the time
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451 for filing the report and the contents of the report. The chair
452 may schedule hearings to determine whether enforcement of the
453 gaming laws of this state is sufficient to protect residents
454 from abuse and misinterpretation of the law or create expansion
455 of gaming or gambling in this state.
456 (6) The commission may submit written recommendations to
457 enhance the enforcement of gaming laws of the state to the
458 Governor, the President of the Senate, and the Speaker of the
459 House of Representatives.
460 (7) The commission shall make an annual report to the
461 Governor, the President of the Senate, and the Speaker of the
462 House of Representatives. The report shall, at a minimum,
463 include the following:
464 (a) Recent events in the gaming industry, including
465 pending litigation, pending facility license applications, and
466 new and pending rules.
467 (b) Actions of the commission relative to the
468 implementation and administration of this section.
469 (c) The state revenues and expenses associated with each
470 form of authorized gaming. Revenues and expenses associated with
471 pari-mutuel wagering shall be further delineated by the class of
472 license.
473 (d) The performance of each pari-mutuel wagering licensee,
474 cardroom licensee, and slot licensee.
475 (e) A summary of disciplinary actions taken by the
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476 department.
477 (f) The receipts and disbursements of the gaming
478 commission.
479 (g) A summary of actions and investigations taken by the
480 gaming commission.
481 (h) Any additional information and recommendations that
482 the commission considers useful or that the Governor, the
483 Speaker of the House or the President of the Senate requests.
484 (8) The commission's exercise of executive powers in the
485 area of planning, budgeting, personnel management, and
486 purchasing shall be as provided by law.
487 (9) The commission shall develop a budget request pursuant
488 to chapter 216 annually. The budget is not subject to change by
489 the Department of Legal Affairs or the Attorney General, but it
490 shall be submitted by the Department of Legal Affairs to the
491 Governor for transmittal to the Legislature.
492 (10) The commission is authorized to contract or consult
493 with appropriate agencies of state government for such
494 professional assistance as may be needed in the discharge of its
495 duties.
496 (11) All rules adopted pursuant to chapters 24, 285, 546,
497 550, 551, and 849 prior to the effective date of this act are
498 preserved and remain in full force and effect.
499 (12) The commission shall exercise all of its regulatory
500 and executive powers and shall apply, construe, and interpret
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501 all laws and administrative rules in a manner consistent with
502 the gaming compact ratified, approved, and described in s.
503 285.710(3).
504 (13) The commission shall annually, prior to the issuance
505 of an operating license, confirm that each permitholder has
506 submitted proof with their annual application for a license, in
507 such a form as the commission may require, that the permitholder
508 continues to possess the qualifications prescribed by chapter
509 550, and that the permit has not been disapproved by voters in
510 an election.
511 (14) The commission shall review matters, and issue or
512 deny right to sue letters that grant a person the right to sue
513 under s. 849.27.
514 Section 3. Section 16.712, Florida Statutes, is created to
515 read:
516 16.712 Florida Gaming Control Commission background
517 screening provisions.—
518 (1) Prior to serving as a commissioner on the Florida
519 Gaming Control Commission or becoming an employee of the
520 commission, a person must have his or her fingerprints taken by
521 a vendor approved by the Department of Law Enforcement. The set
522 of fingerprints must be electronically sent to the Department of
523 Law Enforcement for state processing, and the Department of Law
524 Enforcement must forward the fingerprints to the Federal Bureau
525 of Investigation for national processing. Persons who are
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526 foreign nationals must submit such documents as necessary to
527 allow the commission to conduct criminal history records checks
528 in the person's home country.
529 (2) All fingerprints submitted to the Department of Law
530 Enforcement as required under subsection (1) must be retained by
531 the Department of Law Enforcement as provided under s.
532 943.05(2)(g) and (h) and (3) and enrolled in the national
533 retained print arrest notification program at the Federal Bureau
534 of Investigation when the Department of Law Enforcement begins
535 participation in the program. The commission must notify the
536 Department of Law Enforcement when any person whose fingerprints
537 have been retained is no longer a commissioner or employee of
538 the commission.
539 (3) The costs of fingerprint processing, including the
540 cost for retaining fingerprints, shall be borne by the
541 commission.
542 Section 4. Section 16.715, Florida Statutes, is created to
543 read:
544 16.715 Florida Gaming Control Commission standards of
545 conduct; ex parte communications.—
546 (1) STANDARDS OF CONDUCT.—
547 (a) In addition to the provisions of part III of chapter
548 112, which are applicable to commissioners on and employees with
549 the Florida Gaming Control Commission by virtue of their being
550 public officers and public employees, the conduct of
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551 commissioners and employees shall be governed by the standards
552 of conduct provided in this subsection. Nothing shall prohibit
553 the standards of conduct from being more restrictive than part
554 III of chapter 112. Further, this subsection may not be
555 construed to contravene the restrictions of part III of chapter
556 112. In the event of a conflict between this subsection and part
557 III of chapter 112, the more restrictive provision shall apply.
558 (b)1. A commissioner or employee of the commission may not
559 accept anything from any business entity which, either directly
560 or indirectly, owns or controls any person regulated by the
561 commission or from any business entity which, either directly or
562 indirectly, is an affiliate or subsidiary of any person
563 regulated by the commission.
564 2. A commissioner or an employee may attend conferences,
565 along with associated meals and events that are generally
566 available to all conference participants without payment of any
567 fees in addition to the conference fee. Additionally, while
568 attending a conference, a commissioner or an employee may attend
569 meetings, meals, or events that are not sponsored, in whole or
570 in part, by any representative of any person regulated by the
571 commission and that are limited to commissioners or employees
572 only, committee members, or speakers if the commissioner or
573 employee is a member of a committee of the association of
574 regulatory agencies that organized the conference or is a
575 speaker at the conference. It is not a violation of this
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576 subparagraph for a commissioner or an employee to attend a
577 conference for which conference participants who are employed by
578 a person regulated by the commission have paid a higher
579 conference registration fee than the commissioner or employee,
580 or to attend a meal or event that is generally available to all
581 conference participants without payment of any fees in addition
582 to the conference fee and that is sponsored, in whole or in
583 part, by a person regulated by the commission.
584 3. If, during the course of an investigation by the
585 Commission on Ethics into an alleged violation of this
586 subparagraph, allegations are made as to the identity of the
587 person giving or providing the prohibited gift, that person must
588 be given notice and an opportunity to participate in the
589 investigation and relevant proceedings to present a defense.
590 4. If the Commission on Ethics determines that the person
591 gave or provided a prohibited gift, the person may not appear
592 before the commission or otherwise represent anyone before the
593 commission for a period of 6 years.
594 5. A commissioner or an employee may not accept any form
595 of employment with or engage in any business activity with any
596 business entity which, either directly or indirectly, owns or
597 controls any person regulated by the commission, any person
598 regulated by the commission, or any business entity which,
599 either directly or indirectly, is an affiliate or subsidiary of
600 any person regulated by the commission while employed and for 6
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601 years after service as a commissioner or 2 years after
602 employment.
603 6. A commissioner, an employee, or a relative living in
604 the same household as such commissioner or employee may not have
605 any financial interest, other than shares in a mutual fund, in
606 any person regulated by the commission, in any business entity
607 which, either directly or indirectly, owns or controls any
608 person regulated by the commission, or in any business entity
609 which, either directly or indirectly, is an affiliate or
610 subsidiary of any person regulated by the commission while
611 serving or employed and for 6 years after such service or 2
612 years after employment. If a commissioner, employee, or a
613 relative living in the same household as such commissioner or
614 employee acquires any financial interest prohibited by this
615 subsection during the commissioner's term of office or the
616 employee's employment with the commission as a result of events
617 or actions beyond the commissioner, employee or relative's
618 control, they shall immediately sell such financial interest.
619 For purposes of this subsection, the term "relative" has the
620 same meaning as provided in s. 16.71(2)(e).
621 7. A commission member or an employee may not lobby the
622 Governor or any agency of the state, members or employees of the
623 Legislature, or any county or municipal government or
624 governmental agency except to represent the commission and
625 department in his or her official capacity as a member.
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626 8. A commissioner or an employee may not accept anything
627 from a party in a proceeding currently pending before the
628 commission. If, during the course of an investigation by the
629 Commission on Ethics into an alleged violation of this
630 subparagraph, allegations are made as to the identity of the
631 person giving or providing the prohibited gift, that person must
632 be given notice and an opportunity to participate in the
633 investigation and relevant proceedings to present a defense. If
634 the Commission on Ethics determines that the person gave or
635 provided a prohibited gift, the person may not appear before the
636 commission or otherwise represent anyone before the commission
637 for a period of 6 years.
638 9. A commissioner may not serve as the representative of
639 any political party or on any executive committee or other
640 governing body of a political party; serve as an executive
641 officer or employee of any political party, committee,
642 organization, or association; receive remuneration for
643 activities on behalf of any candidate for public office; engage
644 on behalf of any candidate for public office in the solicitation
645 of votes or other activities on behalf of such candidacy; or
646 become a candidate for election to any public office without
647 first resigning from office.
648 10. A commissioner, during his or her term of office, may
649 not make any public comment regarding the merits of any
650 proceeding under ss. 120.569 and 120.57 currently pending before
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651 the commission.
652 11. A commissioner or an employee may not act in an
653 unprofessional manner at any time during the performance of
654 official duties.
655 12. A commissioner or an employee must avoid impropriety
656 in all activities and must act at all times in a manner that
657 promotes public confidence in the integrity and impartiality of
658 the commission.
659 13. A commissioner or an employee may not directly or
660 indirectly, through staff or other means, solicit anything of
661 value from any person regulated by the commission, or from any
662 business entity that, whether directly or indirectly, is an
663 affiliate or subsidiary of any person regulated by the
664 commission, or from any party appearing in a proceeding
665 considered by the commission in the last 6 years.
666 14. A commissioner or an employee may not personally
667 represent another person or entity for compensation before the
668 commission for a period of 6 years following the commissioner's
669 end of service or a period of 2 years following employment
670 unless employed by another agency of state government.
671 15. A commissioner may not lobby the Governor or any
672 agency of the state, members or employees of the Legislature, or
673 any county or municipal government or governmental agency except
674 to represent the commission and department in an official
675 capacity.
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676 (c) A commissioner or an employee of the commission must
677 annually complete at least 4 hours of ethics training that
678 addresses, at a minimum, s. 8, Art. II of the State
679 Constitution, the Code of Ethics for Public Officers and
680 Employees, and the public records and public meetings laws of
681 this state. This requirement may be satisfied by completion of a
682 continuing legal education class or other continuing
683 professional education class, seminar, or presentation, if the
684 required subjects are covered.
685 (d) The Commission on Ethics shall accept and investigate
686 any alleged violations of this subsection pursuant to the
687 procedures contained in ss. 112.322-112.3241. The Commission on
688 Ethics shall provide the Governor, the President of the Senate,
689 and the Speaker of the House of Representatives with a report of
690 its findings and recommendations. The Governor is authorized to
691 enforce the findings and recommendations of the Commission on
692 Ethics, pursuant to part III of chapter 112. A commissioner or
693 an employee of the commission may request an advisory opinion
694 from the Commission on Ethics, pursuant to s. 112.322(3)(a),
695 regarding the standards of conduct or prohibitions set forth in
696 this section or s. 16.71.
697 (e) A commissioner, an employee of the commission, or a
698 relative living in the same household as such commissioner or
699 employee may not place a wager in any facility licensed by the
700 commission or any facility in the state operated by an Indian
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701 tribe.
702 (3) EX PARTE COMMUNICATIONS.—
703 (a) As used in this section, the term "ex parte
704 communication" means any communication that:
705 1. If it is a written or printed communication or a
706 communication in electronic form, is not served on all parties
707 to a proceeding; or
708 2. If it is an oral communication, is made without
709 adequate notice to the parties and without an opportunity for
710 the parties to be present and heard.
711 (b) A commissioner may not initiate or consider ex parte
712 communications concerning the merits, threat, or offer of reward
713 in any proceeding that is currently pending before the
714 commission or that he or she knows or reasonably expects will be
715 filed with the commission within 180 days after the date of any
716 such communication. An individual may not discuss ex parte with
717 a commissioner the merits of any issue that he or she knows will
718 be filed with the commission within 180 days. This paragraph
719 does not apply to commission staff.
720 (c) If a commissioner knowingly receives an ex parte
721 communication relative to a proceeding other than as set forth
722 in paragraph (a), to which the commissioner is assigned, the
723 commissioner must place on the record of the proceeding copies
724 of all written communications received, all written responses to
725 the communications, and a memorandum stating the substance of
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726 all oral communications received and all oral responses made,
727 and shall give written notice to all parties to the
728 communication that such matters have been placed on the record.
729 Any party who desires to respond to an ex parte communication
730 may do so. The response must be received by the commission
731 within 10 days after receiving notice that the ex parte
732 communication has been placed on the record. The commissioner
733 may, if deemed by such commissioner to be necessary to eliminate
734 the effect of an ex parte communication, withdraw from the
735 proceeding, in which case the chair shall substitute another
736 commissioner for the proceeding.
737 (d) Any individual who makes an ex parte communication
738 shall submit to the commission a written statement describing
739 the nature of such communication, to include the name of the
740 person making the communication, the name of the commissioner or
741 commissioners receiving the communication, copies of all written
742 communications made, all written responses to such
743 communications, and a memorandum stating the substance of all
744 oral communications received and all oral responses made. The
745 commission shall place on the record of a proceeding all such
746 communications.
747 (e) Any commissioner who knowingly fails to place on the
748 record any such communications, in violation of this subsection,
749 within 15 days of the date of such communication is subject to
750 removal and may be assessed a civil penalty not to exceed
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751 $5,000.
752 (f)1. It shall be the duty of the Commission on Ethics to
753 receive and investigate sworn complaints of violations of this
754 subsection pursuant to the procedures contained in ss. 112.322-
755 112.3241.
756 2. If the Commission on Ethics finds that there has been a
757 violation of this subsection by a commissioner, it shall provide
758 the Governor, the President of the Senate, and the Speaker of
759 the House of Representatives with a report of its findings and
760 recommendations. The Governor is authorized to enforce the
761 findings and recommendations of the Commission on Ethics,
762 pursuant to part III of chapter 112 and to remove from office a
763 commissioner who is found by the Commission on Ethics to have
764 willfully and knowingly violated this subsection. The Governor
765 shall remove from office a commissioner who is found by the
766 Commission on Ethics to have willfully and knowingly violated
767 this subsection after a previous finding by the Commission on
768 Ethics that the commissioner willfully and knowingly violated
769 this subsection in a separate matter.
770 3. If a commissioner fails or refuses to pay the
771 Commission on Ethics any civil penalties assessed pursuant to
772 this subsection, the Commission on Ethics may bring an action in
773 any circuit court to enforce such penalty.
774 4. If, during the course of an investigation by the
775 Commission on Ethics into an alleged violation of this
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776 subsection, allegations are made as to the identity of the
777 person who participated in the ex parte communication, that
778 person must be given notice and an opportunity to participate in
779 the investigation and relevant proceedings to present a defense.
780 If the Commission on Ethics determines that the person
781 participated in the ex parte communication, the person may not
782 appear before the commission or otherwise represent anyone
783 before the commission for a period of 2 years.
784 Section 5. Effective July 1, 2022, paragraph (f) of
785 subsection (1) and subsection (7) of section 285.710, Florida
786 Statutes, are amended to read:
787 285.710 Compact authorization.—
788 (1) As used in this section, the term:
789 (f) "State compliance agency" means the Florida Gaming
790 Control Commission Division of Pari-mutuel Wagering of the
791 Department of Business and Professional Regulation which is
792 designated as the state agency having the authority to carry out
793 the state's oversight responsibilities under the compact.
794 (7) The Florida Gaming Control Commission The Division of
795 Pari-mutuel Wagering of the Department of Business and
796 Professional Regulation is designated as the state compliance
797 agency having the authority to carry out the state's oversight
798 responsibilities under the compact authorized by this section.
799 Section 6. (1) Effective July 1, 2022, all powers,
800 duties, functions, records, offices, personnel, associated
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801 administrative support positions, property, pending issues,
802 existing contracts, administrative authority, administrative
803 rules, and unexpended balances of appropriations, allocations,
804 and other funds in the Department of Business and Professional
805 Regulation related to the oversight responsibilities by the
806 state compliance agency for authorized gaming compacts under s.
807 285.710, Florida Statutes, the regulation of pari-mutuel
808 wagering under chapter 550, Florida Statutes, the regulation of
809 slot machines and slot machine gaming under chapter 551, Florida
810 Statutes, and the regulation of cardrooms under s. 849.086,
811 Florida Statutes, are transferred by a type two transfer, as
812 defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
813 Control Commission within the Department of Legal Affairs,
814 Office of the Attorney General.
815 (2) Notwithstanding chapter 60L-34, Florida Administrative
816 Code, or any law to the contrary, employees who are transferred
817 from the Department of Business and Professional Regulation to
818 the Florida Gaming Control Commission within the Department of
819 Legal Affairs, Office of the Attorney General to fill positions
820 transferred by this act, retain and transfer any accrued annual
821 leave, sick leave, and regular and special compensatory leave
822 balances.
823 (3) The Department of Legal Affairs shall provide
824 administrative support to the Florida Gaming Control Commission
825 until the transfer in subsection (1) is complete.
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826 Section 7. Paragraph (a) of subsection (2) of section
827 932.701, Florida Statutes, is amended to read:
828 932.701 Short title; definitions.—
829 (2) As used in the Florida Contraband Forfeiture Act:
830 (a) "Contraband article" means:
831 1. Any controlled substance as defined in chapter 893 or
832 any substance, device, paraphernalia, or currency or other means
833 of exchange that was used, was attempted to be used, or was
834 intended to be used in violation of any provision of chapter
835 893, if the totality of the facts presented by the state is
836 clearly sufficient to meet the state's burden of establishing
837 probable cause to believe that a nexus exists between the
838 article seized and the narcotics activity, whether or not the
839 use of the contraband article can be traced to a specific
840 narcotics transaction.
841 2. Any equipment, gambling device, apparatus, material of
842 gaming, proceeds, substituted proceeds, real or personal
843 property, Internet domain name, gambling paraphernalia, lottery
844 tickets, money, currency, or other means of exchange which was
845 obtained, received, used, was attempted to be used, or intended
846 to be used in violation of the gambling laws of the state,
847 including any violation of ch. 24, ch. 285, ch. 546, ch. 550,
848 ch. 551, and ch. 849.
849 3. Any equipment, liquid or solid, which was being used,
850 is being used, was attempted to be used, or intended to be used
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851 in violation of the beverage or tobacco laws of the state.
852 4. Any motor fuel upon which the motor fuel tax has not
853 been paid as required by law.
854 5. Any personal property, including, but not limited to,
855 any vessel, aircraft, item, object, tool, substance, device,
856 weapon, machine, vehicle of any kind, money, securities, books,
857 records, research, negotiable instruments, or currency, which
858 was used or was attempted to be used as an instrumentality in
859 the commission of, or in aiding or abetting in the commission
860 of, any felony, whether or not comprising an element of the
861 felony, or which is acquired by proceeds obtained as a result of
862 a violation of the Florida Contraband Forfeiture Act.
863 6. Any real property, including any right, title,
864 leasehold, or other interest in the whole of any lot or tract of
865 land, which was used, is being used, or was attempted to be used
866 as an instrumentality in the commission of, or in aiding or
867 abetting in the commission of, any felony, or which is acquired
868 by proceeds obtained as a result of a violation of the Florida
869 Contraband Forfeiture Act.
870 7. Any personal property, including, but not limited to,
871 equipment, money, securities, books, records, research,
872 negotiable instruments, currency, or any vessel, aircraft, item,
873 object, tool, substance, device, weapon, machine, or vehicle of
874 any kind in the possession of or belonging to any person who
875 takes aquaculture products in violation of s. 812.014(2)(c).
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876 8. Any motor vehicle offered for sale in violation of s.
877 320.28.
878 9. Any motor vehicle used during the course of committing
879 an offense in violation of s. 322.34(9)(a).
880 10. Any photograph, film, or other recorded image,
881 including an image recorded on videotape, a compact disc,
882 digital tape, or fixed disk, that is recorded in violation of s.
883 810.145 and is possessed for the purpose of amusement,
884 entertainment, sexual arousal, gratification, or profit, or for
885 the purpose of degrading or abusing another person.
886 11. Any real property, including any right, title,
887 leasehold, or other interest in the whole of any lot or tract of
888 land, which is acquired by proceeds obtained as a result of
889 Medicaid fraud under s. 409.920 or s. 409.9201; any personal
890 property, including, but not limited to, equipment, money,
891 securities, books, records, research, negotiable instruments, or
892 currency; or any vessel, aircraft, item, object, tool,
893 substance, device, weapon, machine, or vehicle of any kind in
894 the possession of or belonging to any person which is acquired
895 by proceeds obtained as a result of Medicaid fraud under s.
896 409.920 or s. 409.9201.
897 12. Any personal property, including, but not limited to,
898 any vehicle, item, object, tool, device, weapon, machine, money,
899 security, book, or record, that is used or attempted to be used
900 as an instrumentality in the commission of, or in aiding and
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901 abetting in the commission of, a person's third or subsequent
902 violation of s. 509.144, whether or not comprising an element of
903 the offense.
904 Section 8. The Division of Law Revision shall prepare a
905 reviser's bill to conform the Florida Statutes to the transfer
906 described in section 6 of this act.
907 Section 9. Except as otherwise expressly provided in this
908 act, and except for this section, which shall take effect upon
909 this act becoming a law, this act shall take effect on the same
910 date that PCB COM 21-05 or similar legislation takes effect, if
911 such legislation is adopted in the same legislative session or
912 an extension thereof and becomes a law.
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