Florida Senate - 2021                   (PROPOSED BILL) SPB 7076
       
       
        
       FOR CONSIDERATION By the Committee on Regulated Industries
       
       
       
       
       
       580-03770-21                                          20217076pb
    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 rights for certain employees of
   10         the commission; providing requirements and powers for
   11         employees serving as law enforcement officers for the
   12         commission; providing powers and duties of the
   13         commission; providing requirements for hearings
   14         relating to the commission; authorizing the commission
   15         to submit certain written recommendations to the
   16         Governor and the Legislature upon certain findings;
   17         requiring the commission to annually develop a budget
   18         request; requiring the department to submit the budget
   19         request to the Governor for transmittal to the
   20         Legislature; authorizing the commission to contract or
   21         consult with certain agencies; creating s. 16.715,
   22         F.S.; providing construction; providing standards of
   23         conduct for commissioners; requiring commissioners to
   24         complete specified annual training; requiring the
   25         Commission on Ethics to accept and investigate any
   26         alleged violations of the standards of conduct for
   27         commissioners; providing requirements for such
   28         investigations; authorizing a commissioner to request
   29         an advisory opinion from the Commission on Ethics;
   30         providing requirements relating to ex parte
   31         communications; providing civil penalties; amending s.
   32         285.710, F.S.; revising the definition of the term
   33         “state compliance agency”; designating the Florida
   34         Gaming Control Commission as the state compliance
   35         agency having authority to carry out certain
   36         responsibilities; transferring all powers, duties,
   37         functions, records, offices, personnel, property,
   38         pending issues, existing contracts, administrative
   39         authority, administrative rules, trust funds, and
   40         unexpended balances of appropriations, allocations,
   41         and other funds of the Department of Business and
   42         Professional Regulation to the commission by a type
   43         two transfer; requiring the Department of Legal
   44         Affairs to provide administrative support to the
   45         commission until such transfer is complete; providing
   46         a directive to the Division of Law Revision; providing
   47         effective dates.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Paragraph (a) of subsection (1) of section
   52  16.56, Florida Statutes, is amended to read:
   53         16.56 Office of Statewide Prosecution.—
   54         (1) There is created in the Department of Legal Affairs an
   55  Office of Statewide Prosecution. The office shall be a separate
   56  “budget entity” as that term is defined in chapter 216. The
   57  office may:
   58         (a) Investigate and prosecute the offenses of:
   59         1. Bribery, burglary, criminal usury, extortion, gambling,
   60  kidnapping, larceny, murder, prostitution, perjury, robbery,
   61  carjacking, home-invasion robbery, and patient brokering;
   62         2. Any crime involving narcotic or other dangerous drugs;
   63         3. Any violation of the Florida RICO (Racketeer Influenced
   64  and Corrupt Organization) Act, including any offense listed in
   65  the definition of racketeering activity in s. 895.02(8)(a),
   66  providing such listed offense is investigated in connection with
   67  a violation of s. 895.03 and is charged in a separate count of
   68  an information or indictment containing a count charging a
   69  violation of s. 895.03, the prosecution of which listed offense
   70  may continue independently if the prosecution of the violation
   71  of s. 895.03 is terminated for any reason;
   72         4. Any violation of the Florida Anti-Fencing Act;
   73         5. Any violation of the Florida Antitrust Act of 1980, as
   74  amended;
   75         6. Any crime involving, or resulting in, fraud or deceit
   76  upon any person;
   77         7. Any violation of s. 847.0135, relating to computer
   78  pornography and child exploitation prevention, or any offense
   79  related to a violation of s. 847.0135 or any violation of
   80  chapter 827 where the crime is facilitated by or connected to
   81  the use of the Internet or any device capable of electronic data
   82  storage or transmission;
   83         8. Any violation of chapter 815;
   84         9. Any criminal violation of part I of chapter 499;
   85         10. Any violation of the Florida Motor Fuel Tax Relief Act
   86  of 2004;
   87         11. Any criminal violation of s. 409.920 or s. 409.9201;
   88         12. Any crime involving voter registration, voting, or
   89  candidate or issue petition activities;
   90         13. Any criminal violation of the Florida Money Laundering
   91  Act;
   92         14. Any criminal violation of the Florida Securities and
   93  Investor Protection Act; or
   94         15. Any violation of chapter 787, as well as any and all
   95  offenses related to a violation of chapter 787; or
   96         16. Any violation of chapter 24, chapter 546, chapter 550,
   97  chapter 551, or chapter 849, including violations referred by
   98  the Department of Agriculture and Consumer Services, the
   99  Department of Business and Professional Regulation, the
  100  Department of the Lottery, the Florida Gaming Control
  101  Commission, the Seminole Tribe of Florida, or any person
  102  licensed under those chapters.
  103  
  104  or any attempt, solicitation, or conspiracy to commit any of the
  105  crimes specifically enumerated above. The office shall have such
  106  power only when any such offense is occurring, or has occurred,
  107  in two or more judicial circuits as part of a related
  108  transaction, or when any such offense is connected with an
  109  organized criminal conspiracy affecting two or more judicial
  110  circuits. Informations or indictments charging such offenses
  111  shall contain general allegations stating the judicial circuits
  112  and counties in which crimes are alleged to have occurred or the
  113  judicial circuits and counties in which crimes affecting such
  114  circuits or counties are alleged to have been connected with an
  115  organized criminal conspiracy.
  116         Section 2. Section 16.71, Florida Statutes, is created to
  117  read:
  118         16.71 Florida Gaming Control Commission.—
  119         (1)There is created within the Department of Legal
  120  Affairs, Office of the Attorney General, a Florida Gaming
  121  Control Commission, hereinafter referred to as the commission.
  122  The commission shall be a separate budget entity and the agency
  123  head for all purposes. The commission is not subject to control,
  124  supervision, or direction by the Department of Legal Affairs or
  125  the Attorney General in the performance of its duties,
  126  including, but not limited to, personnel, purchasing
  127  transactions involving real or personal property, and budgetary
  128  matters.
  129         (2)(a)The commission shall consist of five members
  130  appointed by the Governor, subject to confirmation by the
  131  Senate, for terms of 4 years. For the purpose of providing
  132  staggered terms, of the initial appointments, 2 members shall be
  133  appointed to 4-year terms, 2 members shall be appointed to 3
  134  year terms, and 1 member shall be appointed to a 2-year term. Of
  135  the five members at least one member must be experienced in law
  136  enforcement and criminal investigation, at least one member must
  137  be a certified public accountant licensed in this state and
  138  experienced in accounting and auditing, and at least one member
  139  must be an attorney admitted and authorized to practice law in
  140  this state. Such appointments must be made by January 1, 2022.
  141         (b)A commissioner shall serve until a successor is
  142  appointed, but commissioners may not serve more than 12 years.
  143  Vacancies shall be filled for the unexpired portion of the term.
  144  Of the five members, each appellate district shall have one
  145  member appointed from the district to the commission who is a
  146  resident of the district at the time of the original
  147  appointment. The salary of each commissioner is equal to that
  148  paid under state law to a commissioner on the Florida Public
  149  Service Commission. The commission shall elect a chair and a
  150  vice chair.
  151         (c)To aid the commission in its duties, the commission
  152  must appoint a person who is not a member of the commission to
  153  serve as the executive director of the commission. The executive
  154  director shall supervise, direct, coordinate, and administer all
  155  activities necessary to fulfill the commission’s
  156  responsibilities. The commission must appoint the executive
  157  director by July 1, 2022. The executive director, with the
  158  consent of the commission, shall employ such staff as are
  159  necessary to adequately perform the functions of the commission,
  160  within budgetary limitations. All employees, except the
  161  executive director and attorneys, are subject to part II of
  162  chapter 110. The executive director shall serve at the pleasure
  163  of the commission and be subject to part III of chapter 110.
  164  Attorneys employed by the commission shall be subject to part V
  165  of chapter 110. The executive director shall maintain
  166  headquarters in and reside in Leon County. The salary of the
  167  executive director is equal to that paid under state law to a
  168  commissioner on the Florida Public Service Commission.
  169         (d)1.A person may not, for the 2 years immediately
  170  preceding the date of appointment to or employment with the
  171  commission and while appointed to or employed with the
  172  commission:
  173         a.Hold a permit or license issued under chapter 550, or a
  174  license issued under chapter 551, chapter 546, or chapter 849;
  175  be an officer, official, or employee of such permitholder or
  176  licensee; or be an ultimate equitable owner, as defined in s.
  177  550.002(37), of such permitholder or licensee;
  178         b.Be a member of an Indian tribe that has a valid and
  179  active compact with the state; be an officer, official,
  180  employee, contractor, or subcontractor of such tribe or an
  181  entity employed, licensed, or contracted by such tribe; or be an
  182  ultimate equitable owner, as defined in s. 550.002(37), of such
  183  entity; or
  184         c.Be a registered lobbyist for the executive or
  185  legislative branch, except when solely representing the
  186  commission.
  187         2.A person is ineligible for appointment to or employment
  188  with the commission if, within the 2 years immediately preceding
  189  such appointment or employment, he or she has violated
  190  subparagraph 1. or has solicited or accepted employment with,
  191  acquired any direct or indirect interest in, or has had any
  192  direct or indirect business association, partnership, or
  193  financial relationship with, or is a relative of, any person or
  194  entity who is an applicant, licensee, or registrant with the
  195  Division of Pari-mutuel Wagering or the commission.
  196  
  197  For the purposes of this paragraph, the term “relative” means a
  198  spouse, father, mother, son, daughter, grandfather, grandmother,
  199  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  200  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  201  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  202  stepbrother, stepsister, half-brother, or half-sister.
  203         (e)1.All employees authorized by the commission shall have
  204  access to, and shall have the right to inspect, premises
  205  licensed by the Department of Business and Professional
  206  Regulation, to collect taxes and remit them to the officer
  207  entitled to them, and to examine the books and records of all
  208  persons subject to chapter 24, chapter 285, chapter 546, chapter
  209  550, chapter 551, or chapter 849. The authorized employees shall
  210  require of each such person strict compliance with the laws of
  211  this state relating to the license or permit of the licensee.
  212         2.Each employee serving as a law enforcement officer for
  213  the commission must meet the qualifications for employment or
  214  appointment as a law enforcement officer set forth under s.
  215  943.13 and must be certified as a law enforcement officer by the
  216  Department of Law Enforcement under chapter 943. Upon
  217  certification, each law enforcement officer is subject to and
  218  has the same authority as provided for law enforcement officers
  219  generally in chapter 901 and has statewide jurisdiction. Each
  220  officer also has arrest authority as provided for state law
  221  enforcement officers in s. 901.15. Each officer possesses the
  222  full law enforcement powers granted to other peace officers of
  223  this state, including the authority to make arrests, carry
  224  firearms, serve court process, and seize contraband and the
  225  proceeds of illegal activities.
  226         a.The primary responsibility of each officer appointed
  227  under this paragraph is to investigate, enforce, and prosecute,
  228  throughout the state, violations and violators of chapter 24,
  229  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  230  849, and the rules adopted thereunder, as well as other state
  231  laws that the commission or all state law enforcement officers
  232  are specifically authorized to enforce.
  233         b.The secondary responsibility of each officer appointed
  234  under this paragraph is to enforce all other state laws,
  235  provided that the enforcement is incidental to exercising the
  236  officer’s primary responsibility as provided in sub-subparagraph
  237  a., and the officer exercises the powers of a deputy sheriff,
  238  only after consultation or coordination with the appropriate
  239  local sheriff’s office or municipal police department or when
  240  the commission participates in the Florida Mutual Aid Plan
  241  during a declared state emergency.
  242         (3)The commission shall convene at the call of its chair
  243  or at the request of a majority of the members of the
  244  commission. The presence of three members is required to
  245  constitute a quorum, and the affirmative vote of the majority of
  246  the members present is required for any action or recommendation
  247  by the commission. The commission may meet in any city or county
  248  of the state. The commission shall do all of the following:
  249         (a)Exercise all of the regulatory and executive powers of
  250  the state with respect to gambling, including, without
  251  limitation thereto, pari-mutuel wagering, cardrooms, slot
  252  machine facilities, oversight of gaming compacts executed by the
  253  state pursuant to the Federal Indian Gaming Regulatory Act, and
  254  any other forms of gambling authorized by the State Constitution
  255  or law, excluding games authorized by s. 15, Art. X of the State
  256  Constitution.
  257         (b)Establish procedures consistent with chapter 120 to
  258  ensure adequate due process in the exercise of its regulatory
  259  and executive functions.
  260         (c)Ensure that the laws of this state are not interpreted
  261  in any manner that expands the activities authorized in chapter
  262  24, chapter 285, chapter 546, chapter 550, chapter 551, or
  263  chapter 849.
  264         (d)Review any matter within the scope of the jurisdiction
  265  of the Division of Pari-mutuel Wagering.
  266         (e)Review the regulation of licensees, permitholders, or
  267  persons regulated by the Division of Pari-mutuel Wagering and
  268  the procedures used by the division to implement and enforce the
  269  law.
  270         (f)Review the procedures of the Division of Pari-mutuel
  271  Wagering which are used to qualify applicants applying for a
  272  license, permit, or registration.
  273         (g)Refer criminal violations of chapter 24, chapter 546,
  274  chapter 550, chapter 551, or chapter 849 to the appropriate
  275  state attorney or to the Office of Statewide Prosecution, as
  276  applicable.
  277         (h) Exercise all other powers and perform any other duties
  278  prescribed by the Legislature.
  279  
  280  The commission may subpoena witnesses and compel their
  281  attendance and testimony, administer oaths and affirmations,
  282  take evidence, and require by subpoena the production of any
  283  books, papers, records, or other items relevant to the
  284  performance of the duties of the commission or to the exercise
  285  of its powers.
  286         (4)Hearings shall be held before the commission, except
  287  that the chair may direct that any hearing be held before one
  288  member of the commission or a panel of less than the full
  289  commission. The commission shall adopt rules to provide for the
  290  filing of a report when hearings are held by a single
  291  commissioner or a panel, which rules shall prescribe the time
  292  for filing the report and the contents of the report. The chair
  293  may schedule hearings to determine whether enforcement of the
  294  gaming laws of this state is sufficient to protect residents
  295  from abuse and misinterpretation of the law to create expansion
  296  of gaming or gambling in this state.
  297         (5)The commission may submit written recommendations to
  298  enhance the enforcement of gaming laws of the state to the
  299  Governor, the President of the Senate, and the Speaker of the
  300  House of Representatives.
  301         (6)The commission’s exercise of executive powers in the
  302  area of planning, budgeting, personnel management, and
  303  purchasing shall be as provided by law.
  304         (7)The commission shall develop a budget request pursuant
  305  to chapter 216 annually. The budget is not subject to change by
  306  the Department of Legal Affairs or the Attorney General, but it
  307  shall be submitted by the Department of Legal Affairs to the
  308  Governor for transmittal to the Legislature.
  309         (8)The commission is authorized to contract or consult
  310  with appropriate agencies of state government for such
  311  professional assistance as may be needed in the discharge of its
  312  duties.
  313         (9)All rules adopted pursuant to chapters 285, 546, 550,
  314  551, and 849 prior to the effective date of this act are
  315  preserved and remain in full force and effect.
  316         (10)The commission shall exercise all of its regulatory
  317  and executive powers and shall apply, construe, and interpret
  318  all laws and administrative rules in a manner consistent with
  319  the gaming compact ratified, approved, and described in s.
  320  285.710(3).
  321         Section 3. Section 16.715, Florida Statutes, is created to
  322  read:
  323         16.715Florida Gaming Control Commission standards of
  324  conduct; ex parte communications.—
  325         (1)STANDARDS OF CONDUCT.—
  326         (a) In addition to the provisions of part III of chapter
  327  112, which are applicable to commissioners on the Florida Gaming
  328  Control Commission by virtue of their being public officers, the
  329  conduct of commissioners shall be governed by the standards of
  330  conduct provided in this subsection. Nothing shall prohibit the
  331  standards of conduct from being more restrictive than part III
  332  of chapter 112. Further, this subsection may not be construed to
  333  contravene the restrictions of part III of chapter 112. In the
  334  event of a conflict between this subsection and part III of
  335  chapter 112, the more restrictive provision shall apply.
  336         (b)1. A commissioner may not accept anything from any
  337  business entity which, either directly or indirectly, owns or
  338  controls any person regulated by the commission or from any
  339  business entity which, either directly or indirectly, is an
  340  affiliate or subsidiary of any person regulated by the
  341  commission. A commissioner may attend conferences and associated
  342  meals and events that are generally available to all conference
  343  participants without payment of any fees in addition to the
  344  conference fee. Additionally, while attending a conference, a
  345  commissioner may attend meetings, meals, or events that are not
  346  sponsored, in whole or in part, by any representative of any
  347  person regulated by the commission and that are limited to
  348  commissioners only, committee members, or speakers if the
  349  commissioner is a member of a committee of the association of
  350  regulatory agencies that organized the conference or is a
  351  speaker at the conference. It is not a violation of this
  352  subparagraph for a commissioner to attend a conference for which
  353  conference participants who are employed by a person regulated
  354  by the commission have paid a higher conference registration fee
  355  than the commissioner, or to attend a meal or event that is
  356  generally available to all conference participants without
  357  payment of any fees in addition to the conference fee and that
  358  is sponsored, in whole or in part, by a person regulated by the
  359  commission. If, during the course of an investigation by the
  360  Commission on Ethics into an alleged violation of this
  361  subparagraph, allegations are made as to the identity of the
  362  person giving or providing the prohibited gift, that person must
  363  be given notice and an opportunity to participate in the
  364  investigation and relevant proceedings to present a defense. If
  365  the Commission on Ethics determines that the person gave or
  366  provided a prohibited gift, the person may not appear before the
  367  commission or otherwise represent anyone before the commission
  368  for a period of 2 years.
  369         2. A commissioner may not accept any form of employment
  370  with or engage in any business activity with any business entity
  371  which, either directly or indirectly, owns or controls any
  372  person regulated by the commission, any person regulated by the
  373  commission, or any business entity which, either directly or
  374  indirectly, is an affiliate or subsidiary of any person
  375  regulated by the commission.
  376         3. A commissioner may not have any financial interest,
  377  other than shares in a mutual fund, in any person regulated by
  378  the commission, in any business entity which, either directly or
  379  indirectly, owns or controls any person regulated by the
  380  commission, or in any business entity which, either directly or
  381  indirectly, is an affiliate or subsidiary of any person
  382  regulated by the commission. If a commissioner acquires any
  383  financial interest prohibited by this subsection during his or
  384  her term of office as a result of events or actions beyond the
  385  commissioner’s control, he or she shall immediately sell such
  386  financial interest or place such financial interest in a blind
  387  trust at a financial institution. A commissioner may not attempt
  388  to influence, or exercise any control over, decisions regarding
  389  the blind trust.
  390         4. A commissioner may not accept anything from a party in a
  391  proceeding currently pending before the commission. If, during
  392  the course of an investigation by the Commission on Ethics into
  393  an alleged violation of this subparagraph, allegations are made
  394  as to the identity of the person giving or providing the
  395  prohibited gift, that person must be given notice and an
  396  opportunity to participate in the investigation and relevant
  397  proceedings to present a defense. If the Commission on Ethics
  398  determines that the person gave or provided a prohibited gift,
  399  the person may not appear before the commission or otherwise
  400  represent anyone before the commission for a period of 2 years.
  401         5. A commissioner may not serve as the representative of
  402  any political party or on any executive committee or other
  403  governing body of a political party; serve as an executive
  404  officer or employee of any political party, committee,
  405  organization, or association; receive remuneration for
  406  activities on behalf of any candidate for public office; engage
  407  on behalf of any candidate for public office in the solicitation
  408  of votes or other activities on behalf of such candidacy; or
  409  become a candidate for election to any public office without
  410  first resigning from office.
  411         6. A commissioner, during his or her term of office, may
  412  not make any public comment regarding the merits of any
  413  proceeding under ss. 120.569 and 120.57 currently pending before
  414  the commission.
  415         7. A commissioner may not conduct himself or herself in an
  416  unprofessional manner at any time during the performance of his
  417  or her official duties.
  418         8. A commissioner must avoid impropriety in all of his or
  419  her activities and must act at all times in a manner that
  420  promotes public confidence in the integrity and impartiality of
  421  the commission.
  422         9. A commissioner may not directly or indirectly, through
  423  staff or other means, solicit anything of value from any person
  424  regulated by the commission, or from any business entity that,
  425  whether directly or indirectly, is an affiliate or subsidiary of
  426  any person regulated by the commission, or from any party
  427  appearing in a proceeding considered by the commission in the
  428  last 2 years.
  429         (c)A commissioner must annually complete at least 4 hours
  430  of ethics training that addresses, at a minimum, s. 8, Art. II
  431  of the State Constitution, the Code of Ethics for Public
  432  Officers and Employees, and the public records and public
  433  meetings laws of this state. This requirement may be satisfied
  434  by completion of a continuing legal education class or other
  435  continuing professional education class, seminar, or
  436  presentation, if the required subjects are covered.
  437         (d) The Commission on Ethics shall accept and investigate
  438  any alleged violations of this subsection pursuant to the
  439  procedures contained in ss. 112.322-112.3241. The Commission on
  440  Ethics shall provide the Governor, the President of the Senate,
  441  and the Speaker of the House of Representatives with a report of
  442  its findings and recommendations. The Governor is authorized to
  443  enforce the findings and recommendations of the Commission on
  444  Ethics, pursuant to part III of chapter 112. A commissioner may
  445  request an advisory opinion from the Commission on Ethics,
  446  pursuant to s. 112.322(3)(a), regarding the standards of conduct
  447  or prohibitions set forth in this section or s. 16.71.
  448         (2)EX PARTE COMMUNICATIONS.—
  449         (a)A commissioner may not initiate or consider ex parte
  450  communications concerning the merits, threat, or offer of reward
  451  in any proceeding that is currently pending before the
  452  commission or that he or she knows or reasonably expects will be
  453  filed with the commission within 180 days after the date of any
  454  such communication. An individual may not discuss ex parte with
  455  a commissioner the merits of any issue that he or she knows will
  456  be filed with the commission within 180 days. This paragraph
  457  does not apply to commission staff.
  458         (b)If a commissioner knowingly receives an ex parte
  459  communication relative to a proceeding other than as set forth
  460  in paragraph (a), to which he or she is assigned, he or she must
  461  place on the record of the proceeding copies of all written
  462  communications received, all written responses to the
  463  communications, and a memorandum stating the substance of all
  464  oral communications received and all oral responses made, and
  465  shall give written notice to all parties to the communication
  466  that such matters have been placed on the record. Any party who
  467  desires to respond to an ex parte communication may do so. The
  468  response must be received by the commission within 10 days after
  469  receiving notice that the ex parte communication has been placed
  470  on the record. The commissioner may, if he or she deems it
  471  necessary to eliminate the effect of an ex parte communication
  472  received by him or her, withdraw from the proceeding, in which
  473  case the chair shall substitute another commissioner for the
  474  proceeding.
  475         (c) Any individual who makes an ex parte communication
  476  shall submit to the commission a written statement describing
  477  the nature of such communication, to include the name of the
  478  person making the communication, the name of the commissioner or
  479  commissioners receiving the communication, copies of all written
  480  communications made, all written responses to such
  481  communications, and a memorandum stating the substance of all
  482  oral communications received and all oral responses made. The
  483  commission shall place on the record of a proceeding all such
  484  communications.
  485         (d) Any commissioner who knowingly fails to place on the
  486  record any such communications, in violation of this subsection,
  487  within 15 days of the date of such communication is subject to
  488  removal and may be assessed a civil penalty not to exceed
  489  $5,000.
  490         (e)1. It shall be the duty of the Commission on Ethics to
  491  receive and investigate sworn complaints of violations of this
  492  subsection pursuant to the procedures contained in ss. 112.322
  493  112.3241.
  494         2. If the Commission on Ethics finds that there has been a
  495  violation of this subsection by a commissioner, it shall provide
  496  the Governor, the President of the Senate, and the Speaker of
  497  the House of Representatives with a report of its findings and
  498  recommendations. The Governor is authorized to enforce the
  499  findings and recommendations of the Commission on Ethics,
  500  pursuant to part III of chapter 112 and to remove from office a
  501  commissioner who is found by the Commission on Ethics to have
  502  willfully and knowingly violated this subsection. The Governor
  503  shall remove from office a commissioner who is found by the
  504  Commission on Ethics to have willfully and knowingly violated
  505  this subsection after a previous finding by the Commission on
  506  Ethics that the commissioner willfully and knowingly violated
  507  this subsection in a separate matter.
  508         3. If a commissioner fails or refuses to pay the Commission
  509  on Ethics any civil penalties assessed pursuant to this
  510  subsection, the Commission on Ethics may bring an action in any
  511  circuit court to enforce such penalty.
  512         4. If, during the course of an investigation by the
  513  Commission on Ethics into an alleged violation of this
  514  subsection, allegations are made as to the identity of the
  515  person who participated in the ex parte communication, that
  516  person must be given notice and an opportunity to participate in
  517  the investigation and relevant proceedings to present a defense.
  518  If the Commission on Ethics determines that the person
  519  participated in the ex parte communication, the person may not
  520  appear before the commission or otherwise represent anyone
  521  before the commission for a period of 2 years.
  522         Section 4. Effective July 1, 2022, paragraph (f) of
  523  subsection (1) and subsection (7) of section 285.710, Florida
  524  Statutes, are amended to read:
  525         285.710 Compact authorization.—
  526         (1) As used in this section, the term:
  527         (f) “State compliance agency” means the Florida Gaming
  528  Control Commission Division of Pari-mutuel Wagering of the
  529  Department of Business and Professional Regulation which is
  530  designated as the state agency having the authority to carry out
  531  the state’s oversight responsibilities under the compact.
  532         (7) The Florida Gaming Control Commission The Division of
  533  Pari-mutuel Wagering of the Department of Business and
  534  Professional Regulation is designated as the state compliance
  535  agency having the authority to carry out the state’s oversight
  536  responsibilities under the compact authorized by this section.
  537         Section 5. (1)Effective July 1, 2022, all powers, duties,
  538  functions, records, offices, personnel, associated
  539  administrative support positions, property, pending issues,
  540  existing contracts, administrative authority, administrative
  541  rules, and unexpended balances of appropriations, allocations,
  542  and other funds in the Department of Business and Professional
  543  Regulation related to the oversight responsibilities by the
  544  state compliance agency for authorized gaming compacts under s.
  545  285.710, Florida Statutes, the regulation of pari-mutuel
  546  wagering under chapter 550, Florida Statutes, the regulation of
  547  slot machines and slot machine gaming under chapter 551, Florida
  548  Statutes, and the regulation of cardrooms under s. 849.086,
  549  Florida Statutes, are transferred by a type two transfer, as
  550  defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
  551  Control Commission within the Department of Legal Affairs,
  552  Office of the Attorney General.
  553         (2)Notwithstanding chapter 60L-34, Florida Administrative
  554  Code, or any law to the contrary, employees who are transferred
  555  from the Department of Business and Professional Regulation to
  556  the Florida Gaming Control Commission within the Department of
  557  Legal Affairs, Office of the Attorney General to fill positions
  558  transferred by this act, retain and transfer any accrued annual
  559  leave, sick leave, and regular and special compensatory leave
  560  balances.
  561         (3)The Department of Legal Affairs shall provide
  562  administrative support to the Florida Gaming Control Commission
  563  until the transfer in subsection (1) is complete.
  564         Section 6. The Division of Law Revision shall prepare a
  565  reviser’s bill to conform the Florida Statutes to the transfer
  566  described in section 3 of this act.
  567         Section 7. Except as otherwise expressly provided in this
  568  act, this act shall take effect July 1, 2021.