| 1 | Representative Plakon offered the following: |
| 2 |
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| 3 | Amendment to Amendment (295170) (with title amendment) |
| 4 | Between lines 659 and 660, insert: |
| 5 |
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| 6 | Section 15. Section 849.162, Florida Statutes, is created |
| 7 | to read: |
| 8 | 849.162 Simulated gambling devices.- |
| 9 | (1) This section may be cited as the "Simulated Gambling |
| 10 | Prohibition and Community Protection Act." |
| 11 | (2) The Legislature finds that there is a compelling state |
| 12 | interest in addressing the deleterious effects of the |
| 13 | proliferation of electronic machines and devices used for |
| 14 | simulated gambling or gaming. The Legislature declares that it |
| 15 | is the intent of this section to prohibit the use of such |
| 16 | devices. |
| 17 | (3) As used in this section, the term: |
| 18 | (a) "Simulated gambling device" means a mechanically or |
| 19 | electronically operated machine, network, system, or device that |
| 20 | is intended to be used by an entrant to a game promotion, |
| 21 | sweepstakes, drawing, raffle, or any game of chance and that is |
| 22 | capable of displaying a simulated gambling display on a screen |
| 23 | or other mechanism. |
| 24 | (b) "Simulated gambling display" means visual or aural |
| 25 | information capable of being perceived by a user which takes the |
| 26 | form of actual or simulated gambling or gaming play. The term |
| 27 | includes, but is not limited to, displays depicting the |
| 28 | following types of games: |
| 29 | 1. Reel games or simulations of reel games, such as slot |
| 30 | machines, eight liners, or pot-of-gold. |
| 31 | 2. Card games or simulations of card games, such as video |
| 32 | poker. |
| 33 | 3. Video games representing a game regulated by Florida |
| 34 | law, such as bingo, sweepstakes, game promotions, drawings, or |
| 35 | raffles. |
| 36 | 4. Video games representing a game prohibited by Florida |
| 37 | law, such as craps, keno, and lotteries. |
| 38 | 5. Any video game based on or involving the random or |
| 39 | chance matching of different pictures, words, numbers, or |
| 40 | symbols. |
| 41 | (c) "Gambling," "gaming," or "game" is not used to |
| 42 | incorporate any legal definition of the term and does not |
| 43 | necessitate the presence of elements of consideration, chance, |
| 44 | or prize. |
| 45 | (4) Notwithstanding any other provision of law, a person |
| 46 | may not design, promote, or operate a simulated gambling device |
| 47 | to: |
| 48 | (a) Conduct a game promotion, sweepstakes, drawing, |
| 49 | raffle, or any game of chance, including the entry process or |
| 50 | the revealing of a prize or outcome; or |
| 51 | (b) Promote a game promotion, sweepstakes, drawing, |
| 52 | raffle, or any game of chance that is conducted through the use |
| 53 | of a simulated gambling display, including the entry process or |
| 54 | the revealing of a prize or outcome. |
| 55 | (5) A person who violates this section commits a felony of |
| 56 | the third degree, punishable as provided in s. 775.082, s. |
| 57 | 775.083, or s. 775.084. |
| 58 | (6) A finding that a machine or device is a simulated |
| 59 | gambling device under this section does not preclude a finding |
| 60 | that it is also a slot machine or device under s. 849.16. |
| 61 | (7) It is the intent of this section to prohibit any |
| 62 | mechanism that seeks to avoid application of this section |
| 63 | through the use of any subterfuge or pretense whatsoever. |
| 64 | (8) Nothing in this section may be construed to prohibit: |
| 65 | (a) Activity that is lawfully conducted on Indian lands |
| 66 | pursuant to and in accordance with an approved Tribal-State |
| 67 | Gaming Compact. |
| 68 | (b) Activity that is lawfully conducted pursuant to s. |
| 69 | 849.161. |
| 70 | Section 16. Paragraph (a) of subsection (1), subsection |
| 71 | (2), and subsection (7) of section 849.0935, Florida Statutes, |
| 72 | are amended, and paragraphs (j) and (k) are added to subsection |
| 73 | (4) of that section, to read: |
| 74 | 849.0935 Charitable, nonprofit organizations; drawings by |
| 75 | chance; required disclosures; unlawful acts and practices; |
| 76 | penalties.- |
| 77 | (1) As used in this section, the term: |
| 78 | (a) "Drawing by chance," or "drawing," or "raffle" means |
| 79 | an enterprise in which, from the entries submitted by the public |
| 80 | to the organization conducting the drawing, one or more entries |
| 81 | are selected by chance to win a prize. The term "drawing" does |
| 82 | not include those enterprises, commonly known as "game |
| 83 | promotions," as defined by s. 849.094, "matching," "instant |
| 84 | winner," or "preselected sweepstakes," which involve the |
| 85 | distribution of winning numbers, previously designated as such, |
| 86 | to the public. |
| 87 | (2) The provisions of s. 849.09 shall not be construed to |
| 88 | prohibit an organization qualified under 26 U.S.C. s. 501(c)(3), |
| 89 | (4), (7), (8), (10), or (19) from conducting drawings by chance |
| 90 | pursuant to the authority granted by this section, provided the |
| 91 | organization has complied with all applicable provisions of |
| 92 | chapter 496 and this section. |
| 93 | (4) It is unlawful for any organization which, pursuant to |
| 94 | the authority granted by this section, promotes, operates, or |
| 95 | conducts a drawing by chance: |
| 96 | (j) To design, engage in, promote, or conduct any drawing |
| 97 | using a simulated gambling device, as defined by s. 849.162. |
| 98 | (k) To design, engage in, promote, or conduct any drawing |
| 99 | through the use of any mechanically or electronically operated |
| 100 | machine, network, system, or device that is: |
| 101 | 1. Owned, leased, or otherwise controlled by the |
| 102 | organization or a partner, affiliate, subsidiary, contractor, or |
| 103 | agent of the organization; and |
| 104 | 2. Operated, played, or otherwise interacted with by an |
| 105 | entrant to the drawing. |
| 106 | (7)(a) Any organization which engages in any act or |
| 107 | practice in violation of this section is guilty of a misdemeanor |
| 108 | of the second degree, punishable as provided in s. 775.082 or s. |
| 109 | 775.083. However, Any organization or other person who sells or |
| 110 | offers for sale in this state a ticket or entry blank for a |
| 111 | raffle or other drawing by chance, without complying with the |
| 112 | requirements of paragraph (3)(d), commits is guilty of a |
| 113 | misdemeanor of the second degree, punishable by fine only as |
| 114 | provided in s. 775.083. |
| 115 | (b) Any organization or person who violates paragraph |
| 116 | (4)(j) or paragraph (4)(k) commits a misdemeanor of the first |
| 117 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 118 | (c) Any organization that engages in any other act or |
| 119 | practice in violation of this section commits a misdemeanor of |
| 120 | the second degree, punishable as provided in s. 775.082 or s. |
| 121 | 775.083. |
| 122 | Section 17. Section 849.094, Florida Statutes, is amended |
| 123 | to read: |
| 124 | 849.094 Game promotion in connection with sale of consumer |
| 125 | products or services.- |
| 126 | (1) As used in this section, the term: |
| 127 | (a) "Game promotion" means, but is not limited to, a |
| 128 | contest, game of chance, sweepstakes, or gift enterprise, |
| 129 | conducted by an operator within or throughout the state and |
| 130 | other states in connection with and incidental to the sale of |
| 131 | consumer products or services, and in which the elements of |
| 132 | chance and prize are present. However, "game promotion" may |
| 133 | shall not be construed to apply to bingo games conducted |
| 134 | pursuant to s. 849.0931. |
| 135 | (b) "Operator" means any person, firm, corporation, |
| 136 | enterprise, organization, or association or agent or employee |
| 137 | thereof who promotes, operates, or conducts a game promotion, |
| 138 | except any charitable nonprofit organization. |
| 139 | (2) The provisions of s. 849.09 may not be construed to |
| 140 | prohibit an operator from conducting a game promotion pursuant |
| 141 | to this section, provided the operator has complied with the |
| 142 | provisions of this section. |
| 143 | (3) No organization, as defined by s. 849.0935, may |
| 144 | operate a game promotion. |
| 145 | (4)(2) It is unlawful for any operator: |
| 146 | (a) To design, engage in, promote, or conduct such a game |
| 147 | promotion through a simulated gambling device, as defined in s. |
| 148 | 849.162. |
| 149 | (b) To design, engage in, promote, or conduct such a game |
| 150 | promotion through the use of any mechanically or electronically |
| 151 | operated machine, network, system, or device that is: |
| 152 | 1. Owned, leased, or otherwise controlled by the |
| 153 | organization or the organization's partners, affiliates, |
| 154 | subsidiaries, contractors, or agents; and |
| 155 | 2. Operated, played, or otherwise interacted with by an |
| 156 | entrant to the game promotion. |
| 157 | (c)(a) To design, engage in, promote, or conduct such a |
| 158 | game promotion, in connection with the promotion or sale of |
| 159 | consumer products or services, wherein the winner may be |
| 160 | predetermined or the game may be manipulated or rigged so as to: |
| 161 | 1. Allocate a winning game or any portion thereof to |
| 162 | certain lessees, agents, or franchises; or |
| 163 | 2. Allocate a winning game or part thereof to a particular |
| 164 | period of the game promotion or to a particular geographic area; |
| 165 | (d)(b) Arbitrarily to remove, disqualify, disallow, or |
| 166 | reject any entry; |
| 167 | (e)(c) To fail to award prizes offered; |
| 168 | (f)(d) To print, publish, or circulate literature or |
| 169 | advertising material used in connection with such game |
| 170 | promotions which is false, deceptive, or misleading; or |
| 171 | (g)(e) To require an entry fee, payment, or proof of |
| 172 | purchase as a condition of entering a game promotion. |
| 173 | (5)(3) The operator of a game promotion in which the total |
| 174 | announced value of the prizes offered is greater than $5,000 |
| 175 | shall file with the Department of Agriculture and Consumer |
| 176 | Services a copy of the rules and regulations of the game |
| 177 | promotion and a list of all prizes and prize categories offered |
| 178 | at least 7 days before the commencement of the game promotion. |
| 179 | Such rules and regulations may not thereafter be changed, |
| 180 | modified, or altered. The operator of a game promotion shall |
| 181 | conspicuously post the rules and regulations of such game |
| 182 | promotion in each and every retail outlet or place where such |
| 183 | game promotion may be played or participated in by the public |
| 184 | and shall also publish the rules and regulations in all |
| 185 | advertising copy used in connection therewith. However, such |
| 186 | advertising copy need only include the material terms of the |
| 187 | rules and regulations if the advertising copy includes a website |
| 188 | address, a toll-free telephone number, or a mailing address |
| 189 | where the full rules and regulations may be viewed, heard, or |
| 190 | obtained for the full duration of the game promotion. Such |
| 191 | disclosures must be legible. Radio and television announcements |
| 192 | may indicate that the rules and regulations are available at |
| 193 | retail outlets or from the operator of the promotion. A |
| 194 | nonrefundable filing fee of $100 shall accompany each filing and |
| 195 | shall be used to pay the costs incurred in administering and |
| 196 | enforcing the provisions of this section. |
| 197 | (6)(4)(a) Every operator of such a game promotion in which |
| 198 | the total announced value of the prizes offered is greater than |
| 199 | $5,000 shall establish a trust account, in a national or state- |
| 200 | chartered financial institution, with a balance sufficient to |
| 201 | pay or purchase the total value of all prizes offered. On a form |
| 202 | supplied by the Department of Agriculture and Consumer Services, |
| 203 | an official of the financial institution holding the trust |
| 204 | account shall set forth the dollar amount of the trust account, |
| 205 | the identity of the entity or individual establishing the trust |
| 206 | account, and the name of the game promotion for which the trust |
| 207 | account has been established. Such form shall be filed with the |
| 208 | Department of Agriculture and Consumer Services at least 7 days |
| 209 | in advance of the commencement of the game promotion. In lieu of |
| 210 | establishing such trust account, the operator may obtain a |
| 211 | surety bond in an amount equivalent to the total value of all |
| 212 | prizes offered; and such bond shall be filed with the Department |
| 213 | of Agriculture and Consumer Services at least 7 days in advance |
| 214 | of the commencement of the game promotion. |
| 215 | 1. The moneys held in the trust account may be withdrawn |
| 216 | in order to pay the prizes offered only upon certification to |
| 217 | the Department of Agriculture and Consumer Services of the name |
| 218 | of the winner or winners and the amount of the prize or prizes |
| 219 | and the value thereof. |
| 220 | 2. If the operator of a game promotion has obtained a |
| 221 | surety bond in lieu of establishing a trust account, the amount |
| 222 | of the surety bond shall equal at all times the total amount of |
| 223 | the prizes offered. |
| 224 | (b) The Department of Agriculture and Consumer Services |
| 225 | may waive the provisions of this subsection for any operator who |
| 226 | has conducted game promotions in the state for not less than 5 |
| 227 | consecutive years and who has not had any civil, criminal, or |
| 228 | administrative action instituted against him or her by the state |
| 229 | or an agency of the state for violation of this section within |
| 230 | that 5-year period. Such waiver may be revoked upon the |
| 231 | commission of a violation of this section by such operator, as |
| 232 | determined by the Department of Agriculture and Consumer |
| 233 | Services. |
| 234 | (7)(5) Every operator of a game promotion in which the |
| 235 | total announced value of the prizes offered is greater than |
| 236 | $5,000 shall provide the Department of Agriculture and Consumer |
| 237 | Services with a certified list of the names and addresses of all |
| 238 | persons, whether from this state or from another state, who have |
| 239 | won prizes which have a value of more than $25, the value of |
| 240 | such prizes, and the dates when the prizes were won within 60 |
| 241 | days after such winners have been finally determined. The |
| 242 | operator shall provide a copy of the list of winners, without |
| 243 | charge, to any person who requests it. In lieu of the foregoing, |
| 244 | the operator of a game promotion may, at his or her option, |
| 245 | publish the same information about the winners in a Florida |
| 246 | newspaper of general circulation within 60 days after such |
| 247 | winners have been determined and shall provide to the Department |
| 248 | of Agriculture and Consumer Services a certified copy of the |
| 249 | publication containing the information about the winners. The |
| 250 | operator of a game promotion is not required to notify a winner |
| 251 | by mail or by telephone when the winner is already in possession |
| 252 | of a game card from which the winner can determine that he or |
| 253 | she has won a designated prize. All winning entries shall be |
| 254 | held by the operator for a period of 90 days after the close or |
| 255 | completion of the game. |
| 256 | (8)(6) The Department of Agriculture and Consumer Services |
| 257 | shall keep the certified list of winners for a period of at |
| 258 | least 6 months after receipt of the certified list. The |
| 259 | department thereafter may dispose of all records and lists. |
| 260 | (9)(7) No operator shall force, directly or indirectly, a |
| 261 | lessee, agent, or franchise dealer to purchase or participate in |
| 262 | any game promotion. For the purpose of this section, coercion or |
| 263 | force shall be presumed in these circumstances in which a course |
| 264 | of business extending over a period of 1 year or longer is |
| 265 | materially changed coincident with a failure or refusal of a |
| 266 | lessee, agent, or franchise dealer to participate in such game |
| 267 | promotions. Such force or coercion shall further be presumed |
| 268 | when an operator advertises generally that game promotions are |
| 269 | available at its lessee dealers or agent dealers. |
| 270 | (10)(8)(a) The Department of Agriculture and Consumer |
| 271 | Services shall have the power to promulgate such rules and |
| 272 | regulations respecting the operation of game promotions as it |
| 273 | may deem advisable. However, the department may not authorize |
| 274 | the operation or possession of a slot machine or device or any |
| 275 | other device that is otherwise prohibited from operation or |
| 276 | possession in the state and may not authorize game promotions to |
| 277 | be conducted through the use of any mechanically or |
| 278 | electronically operated machine, network, system, or device. |
| 279 | (b) Compliance with the rules of the department does not |
| 280 | authorize and is not a defense to a charge of possession of a |
| 281 | slot machine or device or any other device or a violation of any |
| 282 | other law. |
| 283 | (c)(b) Whenever the Department of Agriculture and Consumer |
| 284 | Services or the Department of Legal Affairs has reason to |
| 285 | believe that a game promotion is being operated in violation of |
| 286 | this section, it may bring an action in the circuit court of any |
| 287 | judicial circuit in which the game promotion is being operated |
| 288 | in the name and on behalf of the people of the state against any |
| 289 | operator thereof to enjoin the continued operation of such game |
| 290 | promotion anywhere within the state. |
| 291 | (11)(9)(a) Any person, firm, or corporation, or |
| 292 | association or agent or employee thereof, who engages in any |
| 293 | acts or practices stated in this section to be unlawful, or who |
| 294 | violates any of the rules and regulations made pursuant to this |
| 295 | section, commits is guilty of a misdemeanor of the second |
| 296 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 297 | (b) Any person, firm, or corporation, or association or |
| 298 | agent or employee thereof, who violates paragraph (4)(f) or |
| 299 | paragraph (4)(g) commits a felony of the third degree, |
| 300 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 301 | (c)(b) Any person, firm, corporation, association, agent, |
| 302 | or employee who violates any provision of this section or any of |
| 303 | the rules and regulations made pursuant to this section shall be |
| 304 | liable for a civil penalty of not more than $1,000 for each such |
| 305 | violation, which shall accrue to the state and may be recovered |
| 306 | in a civil action brought by the Department of Agriculture and |
| 307 | Consumer Services or the Department of Legal Affairs. |
| 308 | (12) A violation of this section, or soliciting another to |
| 309 | do an act which violates this section, is a deceptive and unfair |
| 310 | trade practice. |
| 311 | (13)(10) This section does not apply to actions or |
| 312 | transactions regulated by the Department of Business and |
| 313 | Professional Regulation or to the activities of nonprofit |
| 314 | organizations or to any other organization engaged in any |
| 315 | enterprise other than the sale of consumer products or services. |
| 316 | Subsections (3), (4), (5), (6), and (7), (8), and (9) and |
| 317 | paragraph (10)(8)(a) and any of the rules made pursuant thereto |
| 318 | do not apply to television or radio broadcasting companies |
| 319 | licensed by the Federal Communications Commission. |
| 320 | (14) This section does not prohibit a corporation, or its |
| 321 | wholly owned subsidiaries, or a franchisee association or |
| 322 | cooperative thereof, that is registered under the federal |
| 323 | Securities Exchange Act of 1934 and has total assets of not less |
| 324 | than $25 million from conducting a game promotion that can be |
| 325 | played on a electronic communication device, including, but not |
| 326 | limited to, a computer or a cellular telephone. |
| 327 | Section 18. Subsection (1) of section 849.15, Florida |
| 328 | Statutes, is amended to read: |
| 329 | 849.15 Manufacture, sale, possession, etc., of coin- |
| 330 | operated devices prohibited.- |
| 331 | (1) It is unlawful: |
| 332 | (a) To manufacture, own, store, keep, possess, sell, rent, |
| 333 | lease, let on shares, lend or give away, transport, or expose |
| 334 | for sale or lease, or to offer to sell, rent, lease, let on |
| 335 | shares, lend or give away, or permit the operation of, or for |
| 336 | any person to permit to be placed, maintained, or used or kept |
| 337 | in any room, space, or building owned, leased, or occupied by |
| 338 | the person or under the person's management or control, any slot |
| 339 | machine or device or any part thereof, or other gambling |
| 340 | apparatus or any part thereof that is otherwise prohibited from |
| 341 | operation or possession in the state; or |
| 342 | (b) To make or to permit to be made with any person any |
| 343 | agreement with reference to any slot machine or device, pursuant |
| 344 | to which the user thereof, as a result of any element of chance |
| 345 | or other outcome unpredictable to him or her, may become |
| 346 | entitled to receive any money, credit, allowance, or thing of |
| 347 | value or additional chance or right to use such machine or |
| 348 | device, or to receive any check, slug, token, or memorandum |
| 349 | entitling the holder to receive any money, credit, allowance, or |
| 350 | thing of value. |
| 351 | Section 19. Subsection (1) of section 849.16, Florida |
| 352 | Statutes, is amended to read: |
| 353 | 849.16 Machines or devices which come within provisions of |
| 354 | law defined.- |
| 355 | (1) Any machine or device or system or network of |
| 356 | computers or other devices is a slot machine or device within |
| 357 | the provisions of this chapter if it is one that is adapted for |
| 358 | use in such a way that, as a result of the insertion of any |
| 359 | piece of money, coin, code, account number, credit, or other |
| 360 | object or method of activation, such machine, or device, or |
| 361 | system or network of computers or other devices is caused to |
| 362 | operate or may be operated, whether directly or as the result of |
| 363 | indirect remote activation, and if the user, by reason of any |
| 364 | element of chance or of any other outcome of such operation |
| 365 | unpredictable by him or her, may: |
| 366 | (a) Receive or become entitled to receive any piece of |
| 367 | money, credit, allowance, or thing of value, or any check, slug, |
| 368 | token, or memorandum, whether of value or otherwise, which may |
| 369 | be exchanged for any money, credit, allowance, or thing of value |
| 370 | or which may be given in trade; or |
| 371 | (b) Secure additional chances or rights to use such |
| 372 | machine, apparatus, or device, even though it may, in addition |
| 373 | to any element of chance or unpredictable outcome of such |
| 374 | operation, also sell, deliver, or present some merchandise, |
| 375 | indication of weight, entertainment, or other thing of value. |
| 376 | Section 20. Paragraph (a) of subsection (1) of section |
| 377 | 895.02, Florida Statutes, is amended to read: |
| 378 | 895.02 Definitions.-As used in ss. 895.01-895.08, the |
| 379 | term: |
| 380 | (1) "Racketeering activity" means to commit, to attempt to |
| 381 | commit, to conspire to commit, or to solicit, coerce, or |
| 382 | intimidate another person to commit: |
| 383 | (a) Any crime that is chargeable by petition, indictment, |
| 384 | or information under the following provisions of the Florida |
| 385 | Statutes: |
| 386 | 1. Section 210.18, relating to evasion of payment of |
| 387 | cigarette taxes. |
| 388 | 2. Section 316.1935, relating to fleeing or attempting to |
| 389 | elude a law enforcement officer and aggravated fleeing or |
| 390 | eluding. |
| 391 | 3. Section 403.727(3)(b), relating to environmental |
| 392 | control. |
| 393 | 4. Section 409.920 or s. 409.9201, relating to Medicaid |
| 394 | fraud. |
| 395 | 5. Section 414.39, relating to public assistance fraud. |
| 396 | 6. Section 440.105 or s. 440.106, relating to workers' |
| 397 | compensation. |
| 398 | 7. Section 443.071(4), relating to creation of a |
| 399 | fictitious employer scheme to commit unemployment compensation |
| 400 | fraud. |
| 401 | 8. Section 465.0161, relating to distribution of medicinal |
| 402 | drugs without a permit as an Internet pharmacy. |
| 403 | 9. Section 499.0051, relating to crimes involving |
| 404 | contraband and adulterated drugs. |
| 405 | 10. Part IV of chapter 501, relating to telemarketing. |
| 406 | 11. Chapter 517, relating to sale of securities and |
| 407 | investor protection. |
| 408 | 12. Section 550.235 or s. 550.3551, relating to dogracing |
| 409 | and horseracing. |
| 410 | 13. Chapter 550, relating to jai alai frontons. |
| 411 | 14. Section 551.109, relating to slot machine gaming. |
| 412 | 15. Chapter 552, relating to the manufacture, |
| 413 | distribution, and use of explosives. |
| 414 | 16. Chapter 560, relating to money transmitters, if the |
| 415 | violation is punishable as a felony. |
| 416 | 17. Chapter 562, relating to beverage law enforcement. |
| 417 | 18. Section 624.401, relating to transacting insurance |
| 418 | without a certificate of authority, s. 624.437(4)(c)1., relating |
| 419 | to operating an unauthorized multiple-employer welfare |
| 420 | arrangement, or s. 626.902(1)(b), relating to representing or |
| 421 | aiding an unauthorized insurer. |
| 422 | 19. Section 655.50, relating to reports of currency |
| 423 | transactions, when such violation is punishable as a felony. |
| 424 | 20. Chapter 687, relating to interest and usurious |
| 425 | practices. |
| 426 | 21. Section 721.08, s. 721.09, or s. 721.13, relating to |
| 427 | real estate timeshare plans. |
| 428 | 22. Section 775.13(5)(b), relating to registration of |
| 429 | persons found to have committed any offense for the purpose of |
| 430 | benefiting, promoting, or furthering the interests of a criminal |
| 431 | gang. |
| 432 | 23. Section 777.03, relating to commission of crimes by |
| 433 | accessories after the fact. |
| 434 | 24. Chapter 782, relating to homicide. |
| 435 | 25. Chapter 784, relating to assault and battery. |
| 436 | 26. Chapter 787, relating to kidnapping or human |
| 437 | trafficking. |
| 438 | 27. Chapter 790, relating to weapons and firearms. |
| 439 | 28. Chapter 794, relating to sexual battery, but only if |
| 440 | such crime was committed with the intent to benefit, promote, or |
| 441 | further the interests of a criminal gang, or for the purpose of |
| 442 | increasing a criminal gang member's own standing or position |
| 443 | within a criminal gang. |
| 444 | 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
| 445 | 796.05, or s. 796.07, relating to prostitution and sex |
| 446 | trafficking. |
| 447 | 30. Chapter 806, relating to arson and criminal mischief. |
| 448 | 31. Chapter 810, relating to burglary and trespass. |
| 449 | 32. Chapter 812, relating to theft, robbery, and related |
| 450 | crimes. |
| 451 | 33. Chapter 815, relating to computer-related crimes. |
| 452 | 34. Chapter 817, relating to fraudulent practices, false |
| 453 | pretenses, fraud generally, and credit card crimes. |
| 454 | 35. Chapter 825, relating to abuse, neglect, or |
| 455 | exploitation of an elderly person or disabled adult. |
| 456 | 36. Section 827.071, relating to commercial sexual |
| 457 | exploitation of children. |
| 458 | 37. Chapter 831, relating to forgery and counterfeiting. |
| 459 | 38. Chapter 832, relating to issuance of worthless checks |
| 460 | and drafts. |
| 461 | 39. Section 836.05, relating to extortion. |
| 462 | 40. Chapter 837, relating to perjury. |
| 463 | 41. Chapter 838, relating to bribery and misuse of public |
| 464 | office. |
| 465 | 42. Chapter 843, relating to obstruction of justice. |
| 466 | 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
| 467 | s. 847.07, relating to obscene literature and profanity. |
| 468 | 44. Section 849.09, s. 849.14, s. 849.15, s. 849.162, s. |
| 469 | 849.23, or s. 849.25, relating to gambling. |
| 470 | 45. Chapter 874, relating to criminal gangs. |
| 471 | 46. Chapter 893, relating to drug abuse prevention and |
| 472 | control. |
| 473 | 47. Chapter 896, relating to offenses related to financial |
| 474 | transactions. |
| 475 | 48. Sections 914.22 and 914.23, relating to tampering with |
| 476 | or harassing a witness, victim, or informant, and retaliation |
| 477 | against a witness, victim, or informant. |
| 478 | 49. Sections 918.12 and 918.13, relating to tampering with |
| 479 | jurors and evidence. |
| 480 | Section 21. Nothing in this act may be construed to |
| 481 | authorize the possession or operation of any machine or device |
| 482 | that is prohibited under any other provision of law. |
| 483 | Section 22. Subsection (2) of section 721.111, Florida |
| 484 | Statutes, is amended to read: |
| 485 | 721.111 Prize and gift promotional offers.- |
| 486 | (2) A game promotion, such as a contest of chance, gift |
| 487 | enterprise, or sweepstakes, in which the elements of chance and |
| 488 | prize are present may not be used in connection with the |
| 489 | offering or sale of timeshare interests, except for drawings, as |
| 490 | that term is defined in s. 849.0935(1)(a), in which no more than |
| 491 | 26 prizes are promoted and in which all promoted prizes are |
| 492 | actually awarded. All such drawings must meet all requirements |
| 493 | of this chapter and of ss. 849.092 and 849.094(1), (4) (2), and |
| 494 | (9) (7). |
| 495 | Section 23. For the purpose of incorporating the amendment |
| 496 | made by this act to section 895.02, Florida Statutes, in a |
| 497 | reference thereto, paragraph (a) of subsection (1) of section |
| 498 | 16.56, Florida Statutes, is reenacted to read: |
| 499 | 16.56 Office of Statewide Prosecution.- |
| 500 | (1) There is created in the Department of Legal Affairs an |
| 501 | Office of Statewide Prosecution. The office shall be a separate |
| 502 | "budget entity" as that term is defined in chapter 216. The |
| 503 | office may: |
| 504 | (a) Investigate and prosecute the offenses of: |
| 505 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 506 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 507 | carjacking, and home-invasion robbery; |
| 508 | 2. Any crime involving narcotic or other dangerous drugs; |
| 509 | 3. Any violation of the provisions of the Florida RICO |
| 510 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 511 | any offense listed in the definition of racketeering activity in |
| 512 | s. 895.02(1)(a), providing such listed offense is investigated |
| 513 | in connection with a violation of s. 895.03 and is charged in a |
| 514 | separate count of an information or indictment containing a |
| 515 | count charging a violation of s. 895.03, the prosecution of |
| 516 | which listed offense may continue independently if the |
| 517 | prosecution of the violation of s. 895.03 is terminated for any |
| 518 | reason; |
| 519 | 4. Any violation of the provisions of the Florida Anti- |
| 520 | Fencing Act; |
| 521 | 5. Any violation of the provisions of the Florida |
| 522 | Antitrust Act of 1980, as amended; |
| 523 | 6. Any crime involving, or resulting in, fraud or deceit |
| 524 | upon any person; |
| 525 | 7. Any violation of s. 847.0135, relating to computer |
| 526 | pornography and child exploitation prevention, or any offense |
| 527 | related to a violation of s. 847.0135 or any violation of |
| 528 | chapter 827 where the crime is facilitated by or connected to |
| 529 | the use of the Internet or any device capable of electronic data |
| 530 | storage or transmission; |
| 531 | 8. Any violation of the provisions of chapter 815; |
| 532 | 9. Any criminal violation of part I of chapter 499; |
| 533 | 10. Any violation of the provisions of the Florida Motor |
| 534 | Fuel Tax Relief Act of 2004; |
| 535 | 11. Any criminal violation of s. 409.920 or s. 409.9201; |
| 536 | 12. Any crime involving voter registration, voting, or |
| 537 | candidate or issue petition activities; |
| 538 | 13. Any criminal violation of the Florida Money Laundering |
| 539 | Act; or |
| 540 | 14. Any criminal violation of the Florida Securities and |
| 541 | Investor Protection Act; or any attempt, solicitation, or |
| 542 | conspiracy to commit any of the crimes specifically enumerated |
| 543 | above. The office shall have such power only when any such |
| 544 | offense is occurring, or has occurred, in two or more judicial |
| 545 | circuits as part of a related transaction, or when any such |
| 546 | offense is connected with an organized criminal conspiracy |
| 547 | affecting two or more judicial circuits. Informations or |
| 548 | indictments charging such offenses shall contain general |
| 549 | allegations stating the judicial circuits and counties in which |
| 550 | crimes are alleged to have occurred or the judicial circuits and |
| 551 | counties in which crimes affecting such circuits or counties are |
| 552 | alleged to have been connected with an organized criminal |
| 553 | conspiracy. |
| 554 | Section 24. For the purpose of incorporating the amendment |
| 555 | made by this act to section 849.16, Florida Statutes, in a |
| 556 | reference thereto, subsection (1) of section 338.234, Florida |
| 557 | Statutes, is reenacted to read: |
| 558 | 338.234 Granting concessions or selling along the turnpike |
| 559 | system; immunity from taxation.- |
| 560 | (1) The department may enter into contracts or licenses |
| 561 | with any person for the sale of services or products or business |
| 562 | opportunities on the turnpike system, or the turnpike enterprise |
| 563 | may sell services, products, or business opportunities on the |
| 564 | turnpike system, which benefit the traveling public or provide |
| 565 | additional revenue to the turnpike system. Services, business |
| 566 | opportunities, and products authorized to be sold include, but |
| 567 | are not limited to, motor fuel, vehicle towing, and vehicle |
| 568 | maintenance services; food with attendant nonalcoholic |
| 569 | beverages; lodging, meeting rooms, and other business services |
| 570 | opportunities; advertising and other promotional opportunities, |
| 571 | which advertising and promotions must be consistent with the |
| 572 | dignity and integrity of the state; state lottery tickets sold |
| 573 | by authorized retailers; games and amusements that operate by |
| 574 | the application of skill, not including games of chance as |
| 575 | defined in s. 849.16 or other illegal gambling games; Florida |
| 576 | citrus, goods promoting the state, or handmade goods produced |
| 577 | within the state; and travel information, tickets, reservations, |
| 578 | or other related services. However, the department, pursuant to |
| 579 | the grants of authority to the turnpike enterprise under this |
| 580 | section, shall not exercise the power of eminent domain solely |
| 581 | for the purpose of acquiring real property in order to provide |
| 582 | business services or opportunities, such as lodging and meeting- |
| 583 | room space on the turnpike system. |
| 584 | Section 25. For the purpose of incorporating the amendment |
| 585 | made by this act to section 895.02, Florida Statutes, in a |
| 586 | reference thereto, paragraph (g) of subsection (3) of section |
| 587 | 655.50, Florida Statutes, is reenacted to read: |
| 588 | 655.50 Florida Control of Money Laundering in Financial |
| 589 | Institutions Act; reports of transactions involving currency or |
| 590 | monetary instruments; when required; purpose; definitions; |
| 591 | penalties.- |
| 592 | (3) As used in this section, the term: |
| 593 | (g) "Specified unlawful activity" means any "racketeering |
| 594 | activity" as defined in s. 895.02. |
| 595 | Section 26. For the purpose of incorporating the amendment |
| 596 | made by this act to section 849.16, Florida Statutes, in a |
| 597 | reference thereto, section 849.19, Florida Statutes, is |
| 598 | reenacted to read: |
| 599 | 849.19 Property rights in confiscated machine.-The right |
| 600 | of property in and to any machine, apparatus or device as |
| 601 | defined in s. 849.16 and to all money and other things of value |
| 602 | therein, is declared not to exist in any person, and the same |
| 603 | shall be forfeited and such money or other things of value shall |
| 604 | be forfeited to the county in which the seizure was made and |
| 605 | shall be delivered forthwith to the clerk of the circuit court |
| 606 | and shall by her or him be placed in the fine and forfeiture |
| 607 | fund of said county. |
| 608 | Section 27. For the purpose of incorporating the amendment |
| 609 | made by this act to section 895.02, Florida Statutes, in a |
| 610 | reference thereto, paragraph (g) of subsection (2) of section |
| 611 | 896.101, Florida Statutes, is reenacted to read: |
| 612 | 896.101 Florida Money Laundering Act; definitions; |
| 613 | penalties; injunctions; seizure warrants; immunity.- |
| 614 | (2) As used in this section, the term: |
| 615 | (g) "Specified unlawful activity" means any "racketeering |
| 616 | activity" as defined in s. 895.02. |
| 617 | Section 28. For the purpose of incorporating the amendment |
| 618 | made by this act to section 895.02, Florida Statutes, in a |
| 619 | reference thereto, subsection (3) of section 905.34, Florida |
| 620 | Statutes, is reenacted to read: |
| 621 | 905.34 Powers and duties; law applicable.-The jurisdiction |
| 622 | of a statewide grand jury impaneled under this chapter shall |
| 623 | extend throughout the state. The subject matter jurisdiction of |
| 624 | the statewide grand jury shall be limited to the offenses of: |
| 625 | (3) Any violation of the provisions of the Florida RICO |
| 626 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 627 | any offense listed in the definition of racketeering activity in |
| 628 | s. 895.02(1)(a), providing such listed offense is investigated |
| 629 | in connection with a violation of s. 895.03 and is charged in a |
| 630 | separate count of an information or indictment containing a |
| 631 | count charging a violation of s. 895.03, the prosecution of |
| 632 | which listed offense may continue independently if the |
| 633 | prosecution of the violation of s. 895.03 is terminated for any |
| 634 | reason; or any attempt, solicitation, or conspiracy to commit |
| 635 | any violation of the crimes specifically enumerated above, when |
| 636 | any such offense is occurring, or has occurred, in two or more |
| 637 | judicial circuits as part of a related transaction or when any |
| 638 | such offense is connected with an organized criminal conspiracy |
| 639 | affecting two or more judicial circuits. The statewide grand |
| 640 | jury may return indictments and presentments irrespective of the |
| 641 | county or judicial circuit where the offense is committed or |
| 642 | triable. If an indictment is returned, it shall be certified and |
| 643 | transferred for trial to the county where the offense was |
| 644 | committed. The powers and duties of, and law applicable to, |
| 645 | county grand juries shall apply to a statewide grand jury except |
| 646 | when such powers, duties, and law are inconsistent with the |
| 647 | provisions of ss. 905.31-905.40. |
| 648 |
|
| 649 |
|
| 650 | ----------------------------------------------------- |
| 651 | T I T L E A M E N D M E N T |
| 652 | Remove line 667 and insert: |
| 653 | An at relating to gaming; creating s. 849.162, F.S.; |
| 654 | creating the "Simulated Gambling Prohibition and Community |
| 655 | Protection Act"; providing legislative findings and |
| 656 | intent; providing definitions; prohibiting the use of |
| 657 | simulated gambling devices to conduct or promote game |
| 658 | promotions, drawings, and games of chance; providing |
| 659 | penalties; providing for construction; amending s. |
| 660 | 849.0935, F.S., relating to drawings by chance offered by |
| 661 | nonprofit organizations; revising definitions; revising |
| 662 | conditions for exceptions to prohibitions on lotteries; |
| 663 | prohibiting the use of simulated gambling devices or other |
| 664 | devices operated by drawing entrants; providing penalties; |
| 665 | amending s. 849.094, F.S.; revising definitions; providing |
| 666 | conditions for exceptions to prohibitions on lotteries; |
| 667 | prohibiting the use of simulated gambling devices or other |
| 668 | devices operated by game promotion entrants; limiting the |
| 669 | rulemaking authority of the Department of Agriculture and |
| 670 | Consumer Services; providing for construction; providing |
| 671 | penalties; providing that violations are deceptive and |
| 672 | unfair trade practices; providing an exception for certain |
| 673 | corporations, or wholly owned subsidiaries, or franchisee |
| 674 | associations or cooperatives; amending s. 849.15, F.S.; |
| 675 | prohibiting production, possession, or distribution of any |
| 676 | gambling apparatus; amending s. 849.16, F.S.; providing |
| 677 | that described machines or devices are subject to gambling |
| 678 | provisions; amending s. 895.02, F.S.; revising the |
| 679 | definition of the term "racketeering activity" to include |
| 680 | violations of specified provisions; providing for |
| 681 | construction; amending s. 721.111, F.S., relating to |
| 682 | promotional offers; conforming cross-references; |
| 683 | reenacting s. 16.56(1)(a), 338.234(1), 655.50(3)(g), |
| 684 | 849.19, 896.101(2)(g), and 905.34(3), F.S., relating to |
| 685 | the Office of Statewide Prosecution, the Florida Turnpike, |
| 686 | money laundering, seizure of property, the Florida Money |
| 687 | Laundering Act, and a statewide grand jury, respectively, |
| 688 | to incorporate changes made by the act in references |
| 689 | thereto; amending s. |