| 1 | A bill to be entitled |
| 2 | An act relating to gambling devices; creating s. 849.162, |
| 3 | F.S.; creating the "Electronic Machines and Devices for |
| 4 | Sweepstakes Prohibited Act"; providing legislative |
| 5 | findings and intent; providing definitions; prohibiting |
| 6 | operation of an electronic device to conduct a sweepstakes |
| 7 | through the use of an entertaining display or to promote |
| 8 | such a sweepstakes; providing penalties; providing intent; |
| 9 | providing for construction; amending s. 849.0935, F.S.; |
| 10 | revising conditions for exceptions to provisions relating |
| 11 | to drawings by chance conducted by certain organizations; |
| 12 | amending s. 849.094, F.S., relating to game promotion in |
| 13 | connection with sale of consumer products or services; |
| 14 | revising the definition of the term "game promotion" to |
| 15 | prohibit the use of a machine, computer, or other |
| 16 | electronic or mechanical device; limiting the power of the |
| 17 | Department of Agriculture and Consumer Services to adopt |
| 18 | rules concerning the operation of game promotions; |
| 19 | providing for construction; amending s. 849.15, F.S.; |
| 20 | prohibiting production, possession, or distribution of, |
| 21 | permitting possession or use of, or offering to provide |
| 22 | any gambling apparatus or any part thereof that is |
| 23 | otherwise prohibited from operation or possession; |
| 24 | amending s. 849.16, F.S.; providing that described |
| 25 | machines or devices are subject to specified provisions |
| 26 | for gambling; amending s. 849.161, F.S.; revising |
| 27 | provisions for amusement games or machines excluded from |
| 28 | application of specified provisions relating to gambling; |
| 29 | revising provisions for exceptions to such exclusions; |
| 30 | defining the term "skill"; amending s. 895.02, F.S.; |
| 31 | revising the definition of the term "racketeering |
| 32 | activity" to include violations of the act; providing for |
| 33 | construction; reenacting s. 721.111(2), F.S., relating to |
| 34 | prize and gift promotional offers, to incorporate in a |
| 35 | cross-reference changes made by the act; reenacting s. |
| 36 | 338.234(1), F.S., relating to granting concessions or |
| 37 | selling along the turnpike system, to incorporate in a |
| 38 | cross-reference changes made by the act; reenacting s. |
| 39 | 849.19, F.S., relating to property rights in confiscated |
| 40 | machine, to incorporate in a cross-reference changes made |
| 41 | by the act; reenacting s. 16.56(1)(a), F.S., relating to |
| 42 | the Office of Statewide Prosecution, to incorporate in a |
| 43 | cross-reference changes made by the act; reenacting s. |
| 44 | 655.50(3)(g), F.S., relating to control of money |
| 45 | laundering in financial institutions, to incorporate in a |
| 46 | cross-reference changes made by the act; reenacting s. |
| 47 | 896.101(2)(g), F.S., relating to money laundering, to |
| 48 | incorporate in a cross-reference changes made by the act; |
| 49 | reenacting s. 905.34(3), F.S., relating to jurisdiction of |
| 50 | a statewide grand jury, to incorporate in a cross- |
| 51 | reference changes made by the act; providing an effective |
| 52 | date. |
| 53 |
|
| 54 | WHEREAS, the State of Florida has specifically prohibited |
| 55 | gambling in section 849.08, Florida Statutes, and |
| 56 | WHEREAS, the State of Florida has specifically prohibited |
| 57 | slot machines in section 849.15, Florida Statutes, and |
| 58 | WHEREAS, the State of Florida has specifically defined slot |
| 59 | machines and gambling devices in section 849.16, Florida |
| 60 | Statutes, and |
| 61 | WHEREAS, beginning on or around the year 2004, various |
| 62 | companies developed electronic machines and devices to enable |
| 63 | gambling through pretextual sweepstakes relationships with |
| 64 | Internet services, telephone cards, and other products, and |
| 65 | WHEREAS, such electronic sweepstakes systems using video |
| 66 | gambling machines and other similar simulated game play create |
| 67 | the same encouragement of vice and dissipation as other forms of |
| 68 | gambling, in particular slot machines and video poker which |
| 69 | encourage repeated play, even when purportedly used as a |
| 70 | marketing technique, NOW, THEREFORE, |
| 71 |
|
| 72 | Be It Enacted by the Legislature of the State of Florida: |
| 73 |
|
| 74 | Section 1. Section 849.162, Florida Statutes, is created |
| 75 | to read: |
| 76 | 849.162 Sweepstakes devices.- |
| 77 | (1) This section may be cited as the "Electronic Machines |
| 78 | and Devices for Sweepstakes Prohibited Act." |
| 79 | (2) The Legislature finds that there is a compelling state |
| 80 | interest in addressing the deleterious effects caused to society |
| 81 | as a result of the proliferation of electronic machines and |
| 82 | devices used for sweepstakes gambling. The Legislature declares |
| 83 | that it is the intent of this section to prohibit the use of |
| 84 | such devices. |
| 85 | (3) As used in this section, the term: |
| 86 | (a) "Electronic machine or device" means a mechanically, |
| 87 | electrically, or electronically operated machine or device that |
| 88 | is intended to be used by a sweepstakes entrant and is capable |
| 89 | of displaying information on a screen or other mechanism. This |
| 90 | section is applicable to an electronic machine or device whether |
| 91 | or not: |
| 92 | 1. It is server-based. |
| 93 | 2. It uses a simulated game terminal as a representation |
| 94 | of the prizes associated with the results of the sweepstakes |
| 95 | entries. |
| 96 | 3. It uses software such that the simulated game |
| 97 | influences or determines the winning or value of the prize. |
| 98 | 4. It selects prizes from a predetermined finite pool of |
| 99 | entries. |
| 100 | 5. It uses a mechanism that reveals the content of a |
| 101 | predetermined sweepstakes entry. |
| 102 | 6. It predetermines the prize results and stores those |
| 103 | results to be revealed at a later time. |
| 104 | 7. It uses software to create a game result. |
| 105 | 8. It requires deposit of any money, coin, or token or the |
| 106 | use of any credit card, debit card, prepaid card, or other |
| 107 | method of payment to activate the electronic machine or device. |
| 108 | 9. It requires direct payment into the electronic machine |
| 109 | or device or remote activation of the electronic machine or |
| 110 | device. |
| 111 | 10.a. It requires purchase of a related product. |
| 112 | b. The related product, if any, has legitimate value. |
| 113 | 11. It reveals the prize incrementally even though it may |
| 114 | not influence if a prize is awarded or the value of any prize |
| 115 | awarded. |
| 116 | 12. It determines and associates the prize with an entry |
| 117 | or entries at the time the sweepstakes is entered. |
| 118 | 13. It is a slot machine or other form of electrical or |
| 119 | mechanical machine or computer game. |
| 120 | (b) "Enter" or "entry" means the act or process by which a |
| 121 | person becomes eligible to receive any prize offered in a |
| 122 | sweepstakes. |
| 123 | (c) "Entertaining display" means visual information |
| 124 | capable of being seen by a sweepstakes entrant which takes the |
| 125 | form of actual game play or simulated game play, such as, by way |
| 126 | of illustration and not exclusion: |
| 127 | 1. A video poker game or any other kind of video card |
| 128 | game. |
| 129 | 2. A video bingo game. |
| 130 | 3. A video craps game. |
| 131 | 4. A video keno game. |
| 132 | 5. A video lotto game. |
| 133 | 6. Eight liner. |
| 134 | 7. Pot-of-gold. |
| 135 | 8. A video game based on or involving the random or chance |
| 136 | matching of different pictures, words, numbers, or symbols not |
| 137 | dependent on the skill or dexterity of the player. |
| 138 | 9. Any other video game not dependent on skill or |
| 139 | dexterity that is played while revealing a prize as the result |
| 140 | of an entry into a sweepstakes. |
| 141 | (d) "Prize" means any gift, award, gratuity, good, |
| 142 | service, credit, or anything else of value, which may be |
| 143 | transferred to a person, whether possession of the prize is |
| 144 | actually transferred or placed on an account or other record as |
| 145 | evidence of the intent to transfer the prize. |
| 146 | (e) "Skill" means that the outcome is not based on chance |
| 147 | or is not unpredictable to the player or is an outcome in which |
| 148 | the player or patron is able to select a specific outcome in |
| 149 | advance of actual play and then, by use of eye-hand |
| 150 | coordination, physical dexterity, speed, or accuracy, employ or |
| 151 | manipulate the game's controls in such a way as to catch, |
| 152 | capture, or achieve the preselected outcome in at least 51 |
| 153 | percent of 20 contiguous iterations of game play. |
| 154 | (f) "Sweepstakes" means any game, advertising scheme or |
| 155 | plan, or other promotion that, with or without payment of any |
| 156 | consideration, a person may enter to win or become eligible to |
| 157 | receive any prize, the determination of which is not determined |
| 158 | by skill. |
| 159 | (4) Notwithstanding any other provision of this chapter, a |
| 160 | person may not operate, maintain, or place into operation an |
| 161 | electronic machine or device to do either of the following: |
| 162 | (a) Conduct a sweepstakes through the use of an |
| 163 | entertaining display, including the entry process or the |
| 164 | revealing of a prize. |
| 165 | (b) Promote a sweepstakes that is conducted through the |
| 166 | use of an entertaining display, including the entry process or |
| 167 | the revealing of a prize. |
| 168 | (5) A person who violates this section commits a felony of |
| 169 | the third degree, punishable as provided in s. 775.082, s. |
| 170 | 775.083, or s. 775.084. |
| 171 | (6) It is the intent of this section to prohibit any |
| 172 | mechanism that seeks to avoid application of this section |
| 173 | through the use of any subterfuge or pretense whatsoever. |
| 174 | (7) Nothing in this section may be construed to prohibit |
| 175 | any activity that is lawfully conducted on Indian lands pursuant |
| 176 | to and in accordance with an approved Tribal-State Gaming |
| 177 | Compact. |
| 178 | Section 2. Subsection (2) of section 849.0935, Florida |
| 179 | Statutes, is amended to read: |
| 180 | 849.0935 Charitable, nonprofit organizations; drawings by |
| 181 | chance; required disclosures; unlawful acts and practices; |
| 182 | penalties.- |
| 183 | (2) The provisions of s. 849.09 may shall not be construed |
| 184 | to prohibit an organization qualified under 26 U.S.C. s. |
| 185 | 501(c)(3), (4), (7), (8), (10), or (19) from conducting drawings |
| 186 | by chance pursuant to the authority granted by this section, if |
| 187 | provided the organization has complied with all applicable |
| 188 | provisions of chapter 496 and the drawing by chance is not |
| 189 | conducted through the use of any machine, computer, or other |
| 190 | electronic or mechanical device. |
| 191 | Section 3. Paragraph (a) of subsection (1) and paragraph |
| 192 | (a) of subsection (8) of section 849.094, Florida Statutes, are |
| 193 | amended, and subsection (11) is added to that section, to read: |
| 194 | 849.094 Game promotion in connection with sale of consumer |
| 195 | products or services.- |
| 196 | (1) As used in this section, the term: |
| 197 | (a) "Game promotion" means, but is not limited to, a |
| 198 | contest, game of chance, or gift enterprise, conducted within or |
| 199 | throughout the state and other states in connection with the |
| 200 | sale of consumer products or services, and in which the elements |
| 201 | of chance and prize are present. However, "game promotion" may |
| 202 | shall not be construed to apply to bingo games conducted |
| 203 | pursuant to s. 849.0931 and may not be conducted through the use |
| 204 | of any machine, computer, or other electronic or mechanical |
| 205 | device. |
| 206 | (8)(a) The Department of Agriculture and Consumer Services |
| 207 | shall have the power to promulgate such rules and regulations |
| 208 | respecting the operation of game promotions as it may deem |
| 209 | advisable; however, it may not authorize the operation or |
| 210 | possession of slot machines or other gambling devices that are |
| 211 | otherwise prohibited from operation or possession in the state |
| 212 | and may not authorize game promotions to be conducted through |
| 213 | the use of any machine, computer, or other electronic or |
| 214 | mechanical device. |
| 215 | (11) The provisions of s. 849.09 may not be construed to |
| 216 | prohibit an operator under this section from conducting a game |
| 217 | promotion under this section provided that it is not conducted |
| 218 | through the use of any machine, computer, or other electronic or |
| 219 | mechanical device. |
| 220 | Section 4. Subsection (1) of section 849.15, Florida |
| 221 | Statutes, is amended to read: |
| 222 | 849.15 Manufacture, sale, possession, etc., of coin- |
| 223 | operated devices prohibited.- |
| 224 | (1) It is unlawful: |
| 225 | (a) To manufacture, own, store, keep, possess, sell, rent, |
| 226 | lease, let on shares, lend or give away, transport, or expose |
| 227 | for sale or lease, or to offer to sell, rent, lease, let on |
| 228 | shares, lend or give away, or permit the operation of, or for |
| 229 | any person to permit to be placed, maintained, or used or kept |
| 230 | in any room, space, or building owned, leased, or occupied by |
| 231 | the person or under the person's management or control, any slot |
| 232 | machine or device or any part thereof, or other gambling |
| 233 | apparatus or any part thereof that is otherwise prohibited from |
| 234 | operation or possession in the state; or |
| 235 | (b) To make or to permit to be made with any person any |
| 236 | agreement with reference to any slot machine or device, pursuant |
| 237 | to which the user thereof, as a result of any element of chance |
| 238 | or other outcome unpredictable to him or her, may become |
| 239 | entitled to receive any money, credit, allowance, or thing of |
| 240 | value or additional chance or right to use such machine or |
| 241 | device, or to receive any check, slug, token, or memorandum |
| 242 | entitling the holder to receive any money, credit, allowance, or |
| 243 | thing of value. |
| 244 | Section 5. Subsection (1) of section 849.16, Florida |
| 245 | Statutes, is amended to read: |
| 246 | 849.16 Machines or devices which come within provisions of |
| 247 | law defined.- |
| 248 | (1) Any machine or device or system or network of |
| 249 | computers or other devices is a slot machine or device within |
| 250 | the provisions of this chapter if it is one that is adapted for |
| 251 | use in such a way that, as a result of the insertion of any |
| 252 | piece of money, coin, code, account number, credit, or other |
| 253 | object or method of activation, such machine, or device, or |
| 254 | system or network of computers or other devices is caused to |
| 255 | operate or may be operated, whether directly or as the result of |
| 256 | indirect remote activation, and if the user, by reason of any |
| 257 | element of chance or of any other outcome of such operation |
| 258 | unpredictable by him or her, may: |
| 259 | (a) Receive or become entitled to receive any piece of |
| 260 | money, credit, allowance, or thing of value, or any check, slug, |
| 261 | token, or memorandum, whether of value or otherwise, which may |
| 262 | be exchanged for any money, credit, allowance, or thing of value |
| 263 | or which may be given in trade; or |
| 264 | (b) Secure additional chances or rights to use such |
| 265 | machine, apparatus, or device, even though it may, in addition |
| 266 | to any element of chance or unpredictable outcome of such |
| 267 | operation, also sell, deliver, or present some merchandise, |
| 268 | indication of weight, entertainment, or other thing of value. |
| 269 | Section 6. Section 849.161, Florida Statutes, is amended |
| 270 | to read: |
| 271 | 849.161 Amusement games or machines; when chapter |
| 272 | inapplicable.- |
| 273 | (1)(a)1. Nothing contained in this chapter may shall be |
| 274 | taken or construed as applicable to an arcade amusement center |
| 275 | having amusement games or machines which operate by means of the |
| 276 | insertion of a coin and which by application of skill may |
| 277 | entitle the person playing or operating the game or machine to |
| 278 | receive points or coupons which may be exchanged for merchandise |
| 279 | only, excluding cash and alcoholic beverages, provided the cost |
| 280 | value of the merchandise or prize awarded in exchange for such |
| 281 | points or coupons does not exceed 75 cents on any game played. |
| 282 | 2. Nothing contained in this chapter may shall be taken or |
| 283 | construed as applicable to any retail dealer who operates as a |
| 284 | truck stop, as defined in chapter 336 and which operates a |
| 285 | minimum of six 6 functional diesel fuel pumps, having amusement |
| 286 | games or machines which operate by means of the insertion of a |
| 287 | coin or other currency and which by application of skill may |
| 288 | entitle the person playing or operating the game or machine to |
| 289 | receive points or coupons which may be exchanged for merchandise |
| 290 | limited to noncash prizes, toys, novelties, and Florida Lottery |
| 291 | products, excluding alcoholic beverages, provided the cost value |
| 292 | of the merchandise or prize awarded in exchange for such points |
| 293 | or coupons does not exceed 75 cents on any game played. This |
| 294 | subparagraph applies only to games and machines which are |
| 295 | operated for the entertainment of the general public and |
| 296 | tourists as bona fide amusement games or machines. This |
| 297 | subsection does shall not apply, however, to any game or device |
| 298 | defined as a gambling device under state law and whose owner or |
| 299 | operator is required to register annually with the United States |
| 300 | Department of Justice under 15 U.S.C. ss. 1171-1178 in 24 U.S.C. |
| 301 | s. 1171, which requires identification of each device by |
| 302 | permanently affixing seriatim numbering and name, trade name, |
| 303 | and date of manufacture under s. 1173, and registration with the |
| 304 | United States Attorney General, unless excluded from |
| 305 | applicability of the chapter under s. 1178. This subsection may |
| 306 | shall not be construed to authorize video poker games or any |
| 307 | other game or machine that may be construed as a gambling device |
| 308 | under Florida law. |
| 309 | (b) Nothing in this subsection may shall be taken or |
| 310 | construed as applicable to a coin-operated game or device |
| 311 | designed and manufactured only for bona fide amusement purposes |
| 312 | which game or device may by application of skill entitle the |
| 313 | player to replay the game or device at no additional cost, if |
| 314 | the game or device: can accumulate and react to no more than 15 |
| 315 | free replays; can be discharged of accumulated free replays only |
| 316 | by reactivating the game or device for one additional play for |
| 317 | such accumulated free replay; can make no permanent record, |
| 318 | directly or indirectly, of free replays; and is not classified |
| 319 | by the United States or under state law as a gambling device and |
| 320 | whose owner or operator is required to register annually with |
| 321 | the United States Department of Justice under 15 U.S.C. ss. |
| 322 | 1171-1178 in 24 U.S.C. s. 1171, which requires identification of |
| 323 | each device by permanently affixing seriatim numbering and name, |
| 324 | trade name, and date of manufacture under s. 1173, and |
| 325 | registration with the United States Attorney General, unless |
| 326 | excluded from applicability of the chapter under s. 1178. This |
| 327 | subsection may shall not be construed to authorize video poker |
| 328 | games, or any other game or machine that may be construed as a |
| 329 | gambling device under Florida law. |
| 330 | (2) The term "arcade amusement center" as used in this |
| 331 | section means a place of business having at least 50 coin- |
| 332 | operated amusement games or machines on premises which are |
| 333 | operated for the entertainment of the general public and |
| 334 | tourists as a bona fide amusement facility. |
| 335 | (3)(a) As used in this section, the term "skill" means a |
| 336 | machine or device for which the outcome is not determined by |
| 337 | chance, but which is predictable to the player or operator, or |
| 338 | for which the player or operator is able to consistently achieve |
| 339 | a winning outcome through the use of eye-hand coordination, |
| 340 | physical dexterity, speed, or accuracy, or employing or |
| 341 | manipulating the game's controls in such a way as to catch, |
| 342 | capture, achieve, or win an objective. |
| 343 | (b) There is a rebuttable presumption that a game machine |
| 344 | or device is not operated by skill if a player or operator |
| 345 | cannot win a prize or achieve a selected outcome or a |
| 346 | substantial level of success in 51 percent of 20 contiguous |
| 347 | attempts or iterations of game play or operation of the machine |
| 348 | or device. |
| 349 | Section 7. Paragraph (a) of subsection (1) of section |
| 350 | 895.02, Florida Statutes, is amended to read: |
| 351 | 895.02 Definitions.-As used in ss. 895.01-895.08, the |
| 352 | term: |
| 353 | (1) "Racketeering activity" means to commit, to attempt to |
| 354 | commit, to conspire to commit, or to solicit, coerce, or |
| 355 | intimidate another person to commit: |
| 356 | (a) Any crime that is chargeable by petition, indictment, |
| 357 | or information under the following provisions of the Florida |
| 358 | Statutes: |
| 359 | 1. Section 210.18, relating to evasion of payment of |
| 360 | cigarette taxes. |
| 361 | 2. Section 316.1935, relating to fleeing or attempting to |
| 362 | elude a law enforcement officer and aggravated fleeing or |
| 363 | eluding. |
| 364 | 3. Section 403.727(3)(b), relating to environmental |
| 365 | control. |
| 366 | 4. Section 409.920 or s. 409.9201, relating to Medicaid |
| 367 | fraud. |
| 368 | 5. Section 414.39, relating to public assistance fraud. |
| 369 | 6. Section 440.105 or s. 440.106, relating to workers' |
| 370 | compensation. |
| 371 | 7. Section 443.071(4), relating to creation of a |
| 372 | fictitious employer scheme to commit unemployment compensation |
| 373 | fraud. |
| 374 | 8. Section 465.0161, relating to distribution of medicinal |
| 375 | drugs without a permit as an Internet pharmacy. |
| 376 | 9. Section 499.0051, relating to crimes involving |
| 377 | contraband and adulterated drugs. |
| 378 | 10. Part IV of chapter 501, relating to telemarketing. |
| 379 | 11. Chapter 517, relating to sale of securities and |
| 380 | investor protection. |
| 381 | 12. Section 550.235 or s. 550.3551, relating to dogracing |
| 382 | and horseracing. |
| 383 | 13. Chapter 550, relating to jai alai frontons. |
| 384 | 14. Section 551.109, relating to slot machine gaming. |
| 385 | 15. Chapter 552, relating to the manufacture, |
| 386 | distribution, and use of explosives. |
| 387 | 16. Chapter 560, relating to money transmitters, if the |
| 388 | violation is punishable as a felony. |
| 389 | 17. Chapter 562, relating to beverage law enforcement. |
| 390 | 18. Section 624.401, relating to transacting insurance |
| 391 | without a certificate of authority, s. 624.437(4)(c)1., relating |
| 392 | to operating an unauthorized multiple-employer welfare |
| 393 | arrangement, or s. 626.902(1)(b), relating to representing or |
| 394 | aiding an unauthorized insurer. |
| 395 | 19. Section 655.50, relating to reports of currency |
| 396 | transactions, when such violation is punishable as a felony. |
| 397 | 20. Chapter 687, relating to interest and usurious |
| 398 | practices. |
| 399 | 21. Section 721.08, s. 721.09, or s. 721.13, relating to |
| 400 | real estate timeshare plans. |
| 401 | 22. Section 775.13(5)(b), relating to registration of |
| 402 | persons found to have committed any offense for the purpose of |
| 403 | benefiting, promoting, or furthering the interests of a criminal |
| 404 | gang. |
| 405 | 23. Section 777.03, relating to commission of crimes by |
| 406 | accessories after the fact. |
| 407 | 24. Chapter 782, relating to homicide. |
| 408 | 25. Chapter 784, relating to assault and battery. |
| 409 | 26. Chapter 787, relating to kidnapping or human |
| 410 | trafficking. |
| 411 | 27. Chapter 790, relating to weapons and firearms. |
| 412 | 28. Chapter 794, relating to sexual battery, but only if |
| 413 | such crime was committed with the intent to benefit, promote, or |
| 414 | further the interests of a criminal gang, or for the purpose of |
| 415 | increasing a criminal gang member's own standing or position |
| 416 | within a criminal gang. |
| 417 | 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
| 418 | 796.05, or s. 796.07, relating to prostitution and sex |
| 419 | trafficking. |
| 420 | 30. Chapter 806, relating to arson and criminal mischief. |
| 421 | 31. Chapter 810, relating to burglary and trespass. |
| 422 | 32. Chapter 812, relating to theft, robbery, and related |
| 423 | crimes. |
| 424 | 33. Chapter 815, relating to computer-related crimes. |
| 425 | 34. Chapter 817, relating to fraudulent practices, false |
| 426 | pretenses, fraud generally, and credit card crimes. |
| 427 | 35. Chapter 825, relating to abuse, neglect, or |
| 428 | exploitation of an elderly person or disabled adult. |
| 429 | 36. Section 827.071, relating to commercial sexual |
| 430 | exploitation of children. |
| 431 | 37. Chapter 831, relating to forgery and counterfeiting. |
| 432 | 38. Chapter 832, relating to issuance of worthless checks |
| 433 | and drafts. |
| 434 | 39. Section 836.05, relating to extortion. |
| 435 | 40. Chapter 837, relating to perjury. |
| 436 | 41. Chapter 838, relating to bribery and misuse of public |
| 437 | office. |
| 438 | 42. Chapter 843, relating to obstruction of justice. |
| 439 | 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
| 440 | s. 847.07, relating to obscene literature and profanity. |
| 441 | 44. Section 849.09, s. 849.14, s. 849.15, s. 849.162, s. |
| 442 | 849.23, or s. 849.25, relating to gambling. |
| 443 | 45. Chapter 874, relating to criminal gangs. |
| 444 | 46. Chapter 893, relating to drug abuse prevention and |
| 445 | control. |
| 446 | 47. Chapter 896, relating to offenses related to financial |
| 447 | transactions. |
| 448 | 48. Sections 914.22 and 914.23, relating to tampering with |
| 449 | or harassing a witness, victim, or informant, and retaliation |
| 450 | against a witness, victim, or informant. |
| 451 | 49. Sections 918.12 and 918.13, relating to tampering with |
| 452 | jurors and evidence. |
| 453 | Section 8. Nothing in this act may be construed to |
| 454 | authorize the possession or operation of any machine or device |
| 455 | that is prohibited under any other provision of law. |
| 456 | Section 9. For the purpose of incorporating the amendment |
| 457 | made by this act to section 849.094, Florida Statutes, in a |
| 458 | reference thereto, subsection (2) of section 721.111, Florida |
| 459 | Statutes, is reenacted to read: |
| 460 | 721.111 Prize and gift promotional offers.- |
| 461 | (2) A game promotion, such as a contest of chance, gift |
| 462 | enterprise, or sweepstakes, in which the elements of chance and |
| 463 | prize are present may not be used in connection with the |
| 464 | offering or sale of timeshare interests, except for drawings, as |
| 465 | that term is defined in s. 849.0935(1)(a), in which no more than |
| 466 | 26 prizes are promoted and in which all promoted prizes are |
| 467 | actually awarded. All such drawings must meet all requirements |
| 468 | of this chapter and of ss. 849.092 and 849.094(1), (2), and (7). |
| 469 | Section 10. For the purpose of incorporating the amendment |
| 470 | made by this act to section 849.16, Florida Statutes, in a |
| 471 | reference thereto, subsection (1) of section 338.234, Florida |
| 472 | Statutes, is reenacted to read: |
| 473 | 338.234 Granting concessions or selling along the turnpike |
| 474 | system; immunity from taxation.- |
| 475 | (1) The department may enter into contracts or licenses |
| 476 | with any person for the sale of services or products or business |
| 477 | opportunities on the turnpike system, or the turnpike enterprise |
| 478 | may sell services, products, or business opportunities on the |
| 479 | turnpike system, which benefit the traveling public or provide |
| 480 | additional revenue to the turnpike system. Services, business |
| 481 | opportunities, and products authorized to be sold include, but |
| 482 | are not limited to, motor fuel, vehicle towing, and vehicle |
| 483 | maintenance services; food with attendant nonalcoholic |
| 484 | beverages; lodging, meeting rooms, and other business services |
| 485 | opportunities; advertising and other promotional opportunities, |
| 486 | which advertising and promotions must be consistent with the |
| 487 | dignity and integrity of the state; state lottery tickets sold |
| 488 | by authorized retailers; games and amusements that operate by |
| 489 | the application of skill, not including games of chance as |
| 490 | defined in s. 849.16 or other illegal gambling games; Florida |
| 491 | citrus, goods promoting the state, or handmade goods produced |
| 492 | within the state; and travel information, tickets, reservations, |
| 493 | or other related services. However, the department, pursuant to |
| 494 | the grants of authority to the turnpike enterprise under this |
| 495 | section, shall not exercise the power of eminent domain solely |
| 496 | for the purpose of acquiring real property in order to provide |
| 497 | business services or opportunities, such as lodging and meeting- |
| 498 | room space on the turnpike system. |
| 499 | Section 11. For the purpose of incorporating the amendment |
| 500 | made by this act to section 849.16, Florida Statutes, in a |
| 501 | reference thereto, section 849.19, Florida Statutes, is |
| 502 | reenacted to read: |
| 503 | 849.19 Property rights in confiscated machine.-The right |
| 504 | of property in and to any machine, apparatus or device as |
| 505 | defined in s. 849.16 and to all money and other things of value |
| 506 | therein, is declared not to exist in any person, and the same |
| 507 | shall be forfeited and such money or other things of value shall |
| 508 | be forfeited to the county in which the seizure was made and |
| 509 | shall be delivered forthwith to the clerk of the circuit court |
| 510 | and shall by her or him be placed in the fine and forfeiture |
| 511 | fund of said county. |
| 512 | Section 12. For the purpose of incorporating the amendment |
| 513 | made by this act to section 895.02, Florida Statutes, in a |
| 514 | reference thereto, paragraph (a) of subsection (1) of section |
| 515 | 16.56, Florida Statutes, is reenacted to read: |
| 516 | 16.56 Office of Statewide Prosecution.- |
| 517 | (1) There is created in the Department of Legal Affairs an |
| 518 | Office of Statewide Prosecution. The office shall be a separate |
| 519 | "budget entity" as that term is defined in chapter 216. The |
| 520 | office may: |
| 521 | (a) Investigate and prosecute the offenses of: |
| 522 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 523 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 524 | carjacking, and home-invasion robbery; |
| 525 | 2. Any crime involving narcotic or other dangerous drugs; |
| 526 | 3. Any violation of the provisions of the Florida RICO |
| 527 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 528 | any offense listed in the definition of racketeering activity in |
| 529 | s. 895.02(1)(a), providing such listed offense is investigated |
| 530 | in connection with a violation of s. 895.03 and is charged in a |
| 531 | separate count of an information or indictment containing a |
| 532 | count charging a violation of s. 895.03, the prosecution of |
| 533 | which listed offense may continue independently if the |
| 534 | prosecution of the violation of s. 895.03 is terminated for any |
| 535 | reason; |
| 536 | 4. Any violation of the provisions of the Florida Anti- |
| 537 | Fencing Act; |
| 538 | 5. Any violation of the provisions of the Florida |
| 539 | Antitrust Act of 1980, as amended; |
| 540 | 6. Any crime involving, or resulting in, fraud or deceit |
| 541 | upon any person; |
| 542 | 7. Any violation of s. 847.0135, relating to computer |
| 543 | pornography and child exploitation prevention, or any offense |
| 544 | related to a violation of s. 847.0135 or any violation of |
| 545 | chapter 827 where the crime is facilitated by or connected to |
| 546 | the use of the Internet or any device capable of electronic data |
| 547 | storage or transmission; |
| 548 | 8. Any violation of the provisions of chapter 815; |
| 549 | 9. Any criminal violation of part I of chapter 499; |
| 550 | 10. Any violation of the provisions of the Florida Motor |
| 551 | Fuel Tax Relief Act of 2004; |
| 552 | 11. Any criminal violation of s. 409.920 or s. 409.9201; |
| 553 | 12. Any crime involving voter registration, voting, or |
| 554 | candidate or issue petition activities; |
| 555 | 13. Any criminal violation of the Florida Money Laundering |
| 556 | Act; or |
| 557 | 14. Any criminal violation of the Florida Securities and |
| 558 | Investor Protection Act; |
| 559 |
|
| 560 | or any attempt, solicitation, or conspiracy to commit any of the |
| 561 | crimes specifically enumerated above. The office shall have such |
| 562 | power only when any such offense is occurring, or has occurred, |
| 563 | in two or more judicial circuits as part of a related |
| 564 | transaction, or when any such offense is connected with an |
| 565 | organized criminal conspiracy affecting two or more judicial |
| 566 | circuits. Informations or indictments charging such offenses |
| 567 | shall contain general allegations stating the judicial circuits |
| 568 | and counties in which crimes are alleged to have occurred or the |
| 569 | judicial circuits and counties in which crimes affecting such |
| 570 | circuits or counties are alleged to have been connected with an |
| 571 | organized criminal conspiracy. |
| 572 | Section 13. For the purpose of incorporating the amendment |
| 573 | made by this act to section 895.02, Florida Statutes, in a |
| 574 | reference thereto, paragraph (g) of subsection (3) of section |
| 575 | 655.50, Florida Statutes, is reenacted to read: |
| 576 | 655.50 Florida Control of Money Laundering in Financial |
| 577 | Institutions Act; reports of transactions involving currency or |
| 578 | monetary instruments; when required; purpose; definitions; |
| 579 | penalties.- |
| 580 | (3) As used in this section, the term: |
| 581 | (g) "Specified unlawful activity" means any "racketeering |
| 582 | activity" as defined in s. 895.02. |
| 583 | Section 14. For the purpose of incorporating the amendment |
| 584 | made by this act to section 895.02, Florida Statutes, in a |
| 585 | reference thereto, paragraph (g) of subsection (2) of section |
| 586 | 896.101, Florida Statutes, is reenacted to read: |
| 587 | 896.101 Florida Money Laundering Act; definitions; |
| 588 | penalties; injunctions; seizure warrants; immunity.- |
| 589 | (2) As used in this section, the term: |
| 590 | (g) "Specified unlawful activity" means any "racketeering |
| 591 | activity" as defined in s. 895.02. |
| 592 | Section 15. For the purpose of incorporating the amendment |
| 593 | made by this act to section 895.02, Florida Statutes, in a |
| 594 | reference thereto, subsection (3) of section 905.34, Florida |
| 595 | Statutes, is reenacted to read: |
| 596 | 905.34 Powers and duties; law applicable.-The jurisdiction |
| 597 | of a statewide grand jury impaneled under this chapter shall |
| 598 | extend throughout the state. The subject matter jurisdiction of |
| 599 | the statewide grand jury shall be limited to the offenses of: |
| 600 | (3) Any violation of the provisions of the Florida RICO |
| 601 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 602 | any offense listed in the definition of racketeering activity in |
| 603 | s. 895.02(1)(a), providing such listed offense is investigated |
| 604 | in connection with a violation of s. 895.03 and is charged in a |
| 605 | separate count of an information or indictment containing a |
| 606 | count charging a violation of s. 895.03, the prosecution of |
| 607 | which listed offense may continue independently if the |
| 608 | prosecution of the violation of s. 895.03 is terminated for any |
| 609 | reason; |
| 610 |
|
| 611 | or any attempt, solicitation, or conspiracy to commit any |
| 612 | violation of the crimes specifically enumerated above, when any |
| 613 | such offense is occurring, or has occurred, in two or more |
| 614 | judicial circuits as part of a related transaction or when any |
| 615 | such offense is connected with an organized criminal conspiracy |
| 616 | affecting two or more judicial circuits. The statewide grand |
| 617 | jury may return indictments and presentments irrespective of the |
| 618 | county or judicial circuit where the offense is committed or |
| 619 | triable. If an indictment is returned, it shall be certified and |
| 620 | transferred for trial to the county where the offense was |
| 621 | committed. The powers and duties of, and law applicable to, |
| 622 | county grand juries shall apply to a statewide grand jury except |
| 623 | when such powers, duties, and law are inconsistent with the |
| 624 | provisions of ss. 905.31-905.40. |
| 625 | Section 16. This act shall take effect upon becoming a |
| 626 | law. |