CS/HB 217

1
A bill to be entitled
2An act relating to the prohibition of simulated gambling
3devices; creating s. 849.162, F.S.; creating the
4"Simulated Gambling Prohibition and Community Protection
5Act"; providing legislative findings and intent; providing
6definitions; prohibiting the use of simulated gambling
7devices to conduct or promote game promotions, drawings,
8and games of chance; providing penalties; providing for
9construction; amending s. 849.0935, F.S., relating to
10drawings by chance offered by nonprofit organizations;
11revising definitions; revising conditions for exceptions
12to prohibitions on lotteries; prohibiting the use of
13simulated gambling devices or other devices operated by
14drawing entrants; providing penalties; amending s.
15849.094, F.S.; revising definitions; providing conditions
16for exceptions to prohibitions on lotteries; prohibiting
17the use of simulated gambling devices or other devices
18operated by game promotion entrants; limiting the
19rulemaking authority of the Department of Agriculture and
20Consumer Services; providing for construction; providing
21penalties; providing that violations are deceptive and
22unfair trade practices; amending s. 849.15, F.S.;
23prohibiting production, possession, or distribution of any
24gambling apparatus; amending s. 849.16, F.S.; providing
25that described machines or devices are subject to gambling
26provisions; amending s. 895.02, F.S.; revising the
27definition of the term "racketeering activity" to include
28violations of specified provisions; providing for
29construction; amending s. 721.111, F.S., relating to
30promotional offers; conforming cross-references;
31reenacting s. 16.56(1)(a), 338.234(1), 655.50(3)(g),
32849.19, 896.101(2)(g), and 905.34(3), F.S., relating to
33the Office of Statewide Prosecution, the Florida Turnpike,
34money laundering, seizure of property, the Florida Money
35Laundering Act, and a statewide grand jury, respectively,
36to incorporate changes made by the act in references
37thereto; providing an effective date.
38
39     WHEREAS, the State of Florida has specifically prohibited
40gambling in section 849.08, Florida Statutes, and
41     WHEREAS, section 849.0935, Florida Statutes is intended to
42allow, without violation of the lottery law, specified
43charitable or nonprofit organizations the opportunity to raise
44funds to carry out their charitable or nonprofit purpose by
45conducting an occasional drawing or raffle for prizes upon the
46receipt of voluntary donations or contributions and was not
47intended to provide a vehicle for the establishment of places of
48ongoing gambling or gaming, and
49     WHEREAS, section 849.094, Florida Statutes is intended to
50allow, without violation of the lottery law, for-profit
51commercial enterprises to conduct a game promotion or
52sweepstakes on a limited and occasional basis as a marketing
53tool and incidental to substantial bona fide sales of consumer
54products or services provided they comply with specified
55requirements and rules of the Department of Agriculture and
56Consumer Services and was not intended to provide a vehicle for
57the establishment of places of ongoing gambling or gaming, and
58     WHEREAS, section 849.0935, Florida Statutes and section
59849.094, Florida Statutes regulate such activities and require
60operation in a very specific manner deemed to be beneficial or
61less harmful to the community and were not intended to allow for
62large-scale ongoing operations of gaming or gambling, and
63     WHEREAS, due to the instant gratification provided, the use
64of electronic gambling machines or devices for convenience
65gambling is associated with higher levels and faster development
66of compulsive gambling problems and should be tightly regulated
67if and when permitted, and
68     WHEREAS, the State of Florida has specifically prohibited
69any slot machine or device in section 849.15, Florida Statutes,
70and has specifically defined slot machine or device in section
71849.16, Florida Statutes, and
72     WHEREAS, various companies have developed electronic
73machines and devices to simulate the experience of gambling
74while attempting to avoid Florida's prohibition on slot machines
75and devices through the pretextual conduct of charitable or
76nonprofit drawings by chance or raffles or game promotions in
77connection with merely incidental consumer sales or services,
78such as sale of internet or telephone time, and
79     WHEREAS, operators are offering such simulated gambling at
80ongoing establishments located in local communities and offering
81extended hours and days of operation, attracting convenience
82gamblers and encouraging unplanned repeated convenience
83gambling, and
84     WHEREAS, such simulated gambling encourages the vice of
85compulsive gambling, even when purportedly used as a marketing
86or fundraising technique, by delivering the same instant
87gratification as other forms of electronic gambling, limiting
88the duration of game play to encourage continued play, promoting
89hopes to win large sums of money through electronic game play,
90and allowing players to wager more consideration in the hopes of
91achieving a larger financial award, and
92     WHEREAS, such simulated gambling create the same negative
93secondary effects in the community as other forms of gambling,
94even when purportedly used as a marketing or fundraising
95technique, including claims of compulsive gambling problems by
96players and excessive financial losses reported by players, NOW,
97THEREFORE,
98
99Be It Enacted by the Legislature of the State of Florida:
100
101     Section 1.  Section 849.162, Florida Statutes, is created
102to read:
103     849.162  Simulated gambling devices.-
104     (1)  This section may be cited as the "Simulated Gambling
105Prohibition and Community Protection Act."
106     (2)  The Legislature finds that there is a compelling state
107interest in addressing the deleterious effects of the
108proliferation of electronic machines and devices used for
109simulated gambling or gaming. The Legislature declares that it
110is the intent of this section to prohibit the use of such
111devices.
112     (3)  As used in this section, the term:
113     (a)  "Simulated gambling device" means a mechanically or
114electronically operated machine, network, system, or device that
115is intended to be used by an entrant to a game promotion,
116sweepstakes, drawing, raffle, or any game of chance and that is
117capable of displaying a simulated gambling display on a screen
118or other mechanism.
119     (b)  "Simulated gambling display" means visual or aural
120information capable of being perceived by a user which takes the
121form of actual or simulated gambling or gaming play. The term
122includes, but is not limited to, displays depicting the
123following types of games:
124     1.  Reel games or simulations of reel games, such as slot
125machines, eight liners, or pot-of-gold.
126     2.  Card games or simulations of card games, such as video
127poker.
128     3.  Video games representing a game regulated by Florida
129law, such as bingo, sweepstakes, game promotions, drawings, or
130raffles.
131     4.  Video games representing a game prohibited by Florida
132law, such as craps, keno, and lotteries.
133     5.  Any video game based on or involving the random or
134chance matching of different pictures, words, numbers, or
135symbols.
136     (c)  "Gambling," "gaming," or "game" is not used to
137incorporate any legal definition of the term and does not
138necessitate the presence of elements of consideration, chance,
139or prize.
140     (4)  Notwithstanding any other provision of law, a person
141may not design, promote, or operate a simulated gambling device
142to:
143     (a)  Conduct a game promotion, sweepstakes, drawing,
144raffle, or any game of chance, including the entry process or
145the revealing of a prize or outcome; or
146     (b)  Promote a game promotion, sweepstakes, drawing,
147raffle, or any game of chance that is conducted through the use
148of a simulated gambling display, including the entry process or
149the revealing of a prize or outcome.
150     (5)  A person who violates this section commits a felony of
151the third degree, punishable as provided in s. 775.082, s.
152775.083, or s. 775.084.
153     (6)  A finding that a machine or device is a simulated
154gambling device under this section does not preclude a finding
155that it is also a slot machine or device under s. 849.16.
156     (7)  It is the intent of this section to prohibit any
157mechanism that seeks to avoid application of this section
158through the use of any subterfuge or pretense whatsoever.
159     (8)  Nothing in this section may be construed to prohibit:
160     (a)  Activity that is lawfully conducted on Indian lands
161pursuant to and in accordance with an approved Tribal-State
162Gaming Compact.
163     (b)  Activity that is lawfully conducted pursuant to s.
164849.161.
165     Section 2.  Paragraph (a) of subsection (1), subsection
166(2), and subsection (7) of section 849.0935, Florida Statutes,
167are amended, and paragraphs (j) and (k) are added to subsection
168(4) of that section, to read:
169     849.0935  Charitable, nonprofit organizations; drawings by
170chance; required disclosures; unlawful acts and practices;
171penalties.-
172     (1)  As used in this section, the term:
173     (a)  "Drawing by chance," or "drawing," or "raffle" means
174an enterprise in which, from the entries submitted by the public
175to the organization conducting the drawing, one or more entries
176are selected by chance to win a prize. The term "drawing" does
177not include those enterprises, commonly known as "game
178promotions," as defined by s. 849.094, "matching," "instant
179winner," or "preselected sweepstakes," which involve the
180distribution of winning numbers, previously designated as such,
181to the public.
182     (2)  The provisions of s. 849.09 shall not be construed to
183prohibit an organization qualified under 26 U.S.C. s. 501(c)(3),
184(4), (7), (8), (10), or (19) from conducting drawings by chance
185pursuant to the authority granted by this section, provided the
186organization has complied with all applicable provisions of
187chapter 496 and this section.
188     (4)  It is unlawful for any organization which, pursuant to
189the authority granted by this section, promotes, operates, or
190conducts a drawing by chance:
191     (j)  To design, engage in, promote, or conduct any drawing
192using a simulated gambling device, as defined by s. 849.162.
193     (k)  To design, engage in, promote, or conduct any drawing
194through the use of any mechanically or electronically operated
195machine, network, system, or device that is:
196     1.  Owned, leased, or otherwise controlled by the
197organization or a partner, affiliate, subsidiary, contractor, or
198agent of the organization; and
199     2.  Operated, played, or otherwise interacted with by an
200entrant to the drawing.
201     (7)(a)  Any organization which engages in any act or
202practice in violation of this section is guilty of a misdemeanor
203of the second degree, punishable as provided in s. 775.082 or s.
204775.083. However, Any organization or other person who sells or
205offers for sale in this state a ticket or entry blank for a
206raffle or other drawing by chance, without complying with the
207requirements of paragraph (3)(d), commits is guilty of a
208misdemeanor of the second degree, punishable by fine only as
209provided in s. 775.083.
210     (b)  Any organization or person who violates paragraph
211(4)(j) or paragraph (4)(k) commits a misdemeanor of the first
212degree, punishable as provided in s. 775.082 or s. 775.083.
213     (c)  Any organization that engages in any other act or
214practice in violation of this section commits a misdemeanor of
215the second degree, punishable as provided in s. 775.082 or s.
216775.083.
217     Section 3.  Section 849.094, Florida Statutes, is amended
218to read:
219     849.094  Game promotion in connection with sale of consumer
220products or services.-
221     (1)  As used in this section, the term:
222     (a)  "Game promotion" means, but is not limited to, a
223contest, game of chance, sweepstakes, or gift enterprise,
224conducted by an operator within or throughout the state and
225other states in connection with and incidental to the sale of
226consumer products or services, and in which the elements of
227chance and prize are present. However, "game promotion" may
228shall not be construed to apply to bingo games conducted
229pursuant to s. 849.0931.
230     (b)  "Operator" means any person, firm, corporation,
231enterprise, organization, or association or agent or employee
232thereof who promotes, operates, or conducts a game promotion,
233except any charitable nonprofit organization.
234     (2)  The provisions of s. 849.09 may not be construed to
235prohibit an operator from conducting a game promotion pursuant
236to this section, provided the operator has complied with the
237provisions of this section.
238     (3)  No organization, as defined by s. 849.0935, may
239operate a game promotion.
240     (4)(2)  It is unlawful for any operator:
241     (a)  To design, engage in, promote, or conduct such a game
242promotion through a simulated gambling device, as defined in s.
243849.162.
244     (b)  To design, engage in, promote, or conduct such a game
245promotion through the use of any mechanically or electronically
246operated machine, network, system, or device that is:
247     1.  Owned, leased, or otherwise controlled by the
248organization or the organization's partners, affiliates,
249subsidiaries, contractors, or agents; and
250     2.  Operated, played, or otherwise interacted with by an
251entrant to the game promotion.
252     (c)(a)  To design, engage in, promote, or conduct such a
253game promotion, in connection with the promotion or sale of
254consumer products or services, wherein the winner may be
255predetermined or the game may be manipulated or rigged so as to:
256     1.  Allocate a winning game or any portion thereof to
257certain lessees, agents, or franchises; or
258     2.  Allocate a winning game or part thereof to a particular
259period of the game promotion or to a particular geographic area;
260     (d)(b)  Arbitrarily to remove, disqualify, disallow, or
261reject any entry;
262     (e)(c)  To fail to award prizes offered;
263     (f)(d)  To print, publish, or circulate literature or
264advertising material used in connection with such game
265promotions which is false, deceptive, or misleading; or
266     (g)(e)  To require an entry fee, payment, or proof of
267purchase as a condition of entering a game promotion.
268     (5)(3)  The operator of a game promotion in which the total
269announced value of the prizes offered is greater than $5,000
270shall file with the Department of Agriculture and Consumer
271Services a copy of the rules and regulations of the game
272promotion and a list of all prizes and prize categories offered
273at least 7 days before the commencement of the game promotion.
274Such rules and regulations may not thereafter be changed,
275modified, or altered. The operator of a game promotion shall
276conspicuously post the rules and regulations of such game
277promotion in each and every retail outlet or place where such
278game promotion may be played or participated in by the public
279and shall also publish the rules and regulations in all
280advertising copy used in connection therewith. However, such
281advertising copy need only include the material terms of the
282rules and regulations if the advertising copy includes a website
283address, a toll-free telephone number, or a mailing address
284where the full rules and regulations may be viewed, heard, or
285obtained for the full duration of the game promotion. Such
286disclosures must be legible. Radio and television announcements
287may indicate that the rules and regulations are available at
288retail outlets or from the operator of the promotion. A
289nonrefundable filing fee of $100 shall accompany each filing and
290shall be used to pay the costs incurred in administering and
291enforcing the provisions of this section.
292     (6)(4)(a)  Every operator of such a game promotion in which
293the total announced value of the prizes offered is greater than
294$5,000 shall establish a trust account, in a national or state-
295chartered financial institution, with a balance sufficient to
296pay or purchase the total value of all prizes offered. On a form
297supplied by the Department of Agriculture and Consumer Services,
298an official of the financial institution holding the trust
299account shall set forth the dollar amount of the trust account,
300the identity of the entity or individual establishing the trust
301account, and the name of the game promotion for which the trust
302account has been established. Such form shall be filed with the
303Department of Agriculture and Consumer Services at least 7 days
304in advance of the commencement of the game promotion. In lieu of
305establishing such trust account, the operator may obtain a
306surety bond in an amount equivalent to the total value of all
307prizes offered; and such bond shall be filed with the Department
308of Agriculture and Consumer Services at least 7 days in advance
309of the commencement of the game promotion.
310     1.  The moneys held in the trust account may be withdrawn
311in order to pay the prizes offered only upon certification to
312the Department of Agriculture and Consumer Services of the name
313of the winner or winners and the amount of the prize or prizes
314and the value thereof.
315     2.  If the operator of a game promotion has obtained a
316surety bond in lieu of establishing a trust account, the amount
317of the surety bond shall equal at all times the total amount of
318the prizes offered.
319     (b)  The Department of Agriculture and Consumer Services
320may waive the provisions of this subsection for any operator who
321has conducted game promotions in the state for not less than 5
322consecutive years and who has not had any civil, criminal, or
323administrative action instituted against him or her by the state
324or an agency of the state for violation of this section within
325that 5-year period. Such waiver may be revoked upon the
326commission of a violation of this section by such operator, as
327determined by the Department of Agriculture and Consumer
328Services.
329     (7)(5)  Every operator of a game promotion in which the
330total announced value of the prizes offered is greater than
331$5,000 shall provide the Department of Agriculture and Consumer
332Services with a certified list of the names and addresses of all
333persons, whether from this state or from another state, who have
334won prizes which have a value of more than $25, the value of
335such prizes, and the dates when the prizes were won within 60
336days after such winners have been finally determined. The
337operator shall provide a copy of the list of winners, without
338charge, to any person who requests it. In lieu of the foregoing,
339the operator of a game promotion may, at his or her option,
340publish the same information about the winners in a Florida
341newspaper of general circulation within 60 days after such
342winners have been determined and shall provide to the Department
343of Agriculture and Consumer Services a certified copy of the
344publication containing the information about the winners. The
345operator of a game promotion is not required to notify a winner
346by mail or by telephone when the winner is already in possession
347of a game card from which the winner can determine that he or
348she has won a designated prize. All winning entries shall be
349held by the operator for a period of 90 days after the close or
350completion of the game.
351     (8)(6)  The Department of Agriculture and Consumer Services
352shall keep the certified list of winners for a period of at
353least 6 months after receipt of the certified list. The
354department thereafter may dispose of all records and lists.
355     (9)(7)  No operator shall force, directly or indirectly, a
356lessee, agent, or franchise dealer to purchase or participate in
357any game promotion. For the purpose of this section, coercion or
358force shall be presumed in these circumstances in which a course
359of business extending over a period of 1 year or longer is
360materially changed coincident with a failure or refusal of a
361lessee, agent, or franchise dealer to participate in such game
362promotions. Such force or coercion shall further be presumed
363when an operator advertises generally that game promotions are
364available at its lessee dealers or agent dealers.
365     (10)(8)(a)  The Department of Agriculture and Consumer
366Services shall have the power to promulgate such rules and
367regulations respecting the operation of game promotions as it
368may deem advisable. However, the department may not authorize
369the operation or possession of a slot machine or device or any
370other device that is otherwise prohibited from operation or
371possession in the state and may not authorize game promotions to
372be conducted through the use of any mechanically or
373electronically operated machine, network, system, or device.
374     (b)  Compliance with the rules of the department does not
375authorize and is not a defense to a charge of possession of a
376slot machine or device or any other device or a violation of any
377other law.
378     (c)(b)  Whenever the Department of Agriculture and Consumer
379Services or the Department of Legal Affairs has reason to
380believe that a game promotion is being operated in violation of
381this section, it may bring an action in the circuit court of any
382judicial circuit in which the game promotion is being operated
383in the name and on behalf of the people of the state against any
384operator thereof to enjoin the continued operation of such game
385promotion anywhere within the state.
386     (11)(9)(a)  Any person, firm, or corporation, or
387association or agent or employee thereof, who engages in any
388acts or practices stated in this section to be unlawful, or who
389violates any of the rules and regulations made pursuant to this
390section, commits is guilty of a misdemeanor of the second
391degree, punishable as provided in s. 775.082 or s. 775.083.
392     (b)  Any person, firm, or corporation, or association or
393agent or employee thereof, who violates paragraph (4)(f) or
394paragraph (4)(g) commits a felony of the third degree,
395punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
396     (c)(b)  Any person, firm, corporation, association, agent,
397or employee who violates any provision of this section or any of
398the rules and regulations made pursuant to this section shall be
399liable for a civil penalty of not more than $1,000 for each such
400violation, which shall accrue to the state and may be recovered
401in a civil action brought by the Department of Agriculture and
402Consumer Services or the Department of Legal Affairs.
403     (12)  A violation of this section, or soliciting another to
404do an act which violates this section, is a deceptive and unfair
405trade practice.
406     (13)(10)  This section does not apply to actions or
407transactions regulated by the Department of Business and
408Professional Regulation or to the activities of nonprofit
409organizations or to any other organization engaged in any
410enterprise other than the sale of consumer products or services.
411Subsections (3), (4), (5), (6), and (7), (8), and (9) and
412paragraph (10)(8)(a) and any of the rules made pursuant thereto
413do not apply to television or radio broadcasting companies
414licensed by the Federal Communications Commission.
415     Section 4.  Subsection (1) of section 849.15, Florida
416Statutes, is amended to read:
417     849.15  Manufacture, sale, possession, etc., of coin-
418operated devices prohibited.-
419     (1)  It is unlawful:
420     (a)  To manufacture, own, store, keep, possess, sell, rent,
421lease, let on shares, lend or give away, transport, or expose
422for sale or lease, or to offer to sell, rent, lease, let on
423shares, lend or give away, or permit the operation of, or for
424any person to permit to be placed, maintained, or used or kept
425in any room, space, or building owned, leased, or occupied by
426the person or under the person's management or control, any slot
427machine or device or any part thereof, or other gambling
428apparatus or any part thereof that is otherwise prohibited from
429operation or possession in the state; or
430     (b)  To make or to permit to be made with any person any
431agreement with reference to any slot machine or device, pursuant
432to which the user thereof, as a result of any element of chance
433or other outcome unpredictable to him or her, may become
434entitled to receive any money, credit, allowance, or thing of
435value or additional chance or right to use such machine or
436device, or to receive any check, slug, token, or memorandum
437entitling the holder to receive any money, credit, allowance, or
438thing of value.
439     Section 5.  Subsection (1) of section 849.16, Florida
440Statutes, is amended to read:
441     849.16  Machines or devices which come within provisions of
442law defined.-
443     (1)  Any machine or device or system or network of
444computers or other devices is a slot machine or device within
445the provisions of this chapter if it is one that is adapted for
446use in such a way that, as a result of the insertion of any
447piece of money, coin, code, account number, credit, or other
448object or method of activation, such machine, or device, or
449system or network of computers or other devices is caused to
450operate or may be operated, whether directly or as the result of
451indirect remote activation, and if the user, by reason of any
452element of chance or of any other outcome of such operation
453unpredictable by him or her, may:
454     (a)  Receive or become entitled to receive any piece of
455money, credit, allowance, or thing of value, or any check, slug,
456token, or memorandum, whether of value or otherwise, which may
457be exchanged for any money, credit, allowance, or thing of value
458or which may be given in trade; or
459     (b)  Secure additional chances or rights to use such
460machine, apparatus, or device, even though it may, in addition
461to any element of chance or unpredictable outcome of such
462operation, also sell, deliver, or present some merchandise,
463indication of weight, entertainment, or other thing of value.
464     Section 6.  Paragraph (a) of subsection (1) of section
465895.02, Florida Statutes, is amended to read:
466     895.02  Definitions.-As used in ss. 895.01-895.08, the
467term:
468     (1)  "Racketeering activity" means to commit, to attempt to
469commit, to conspire to commit, or to solicit, coerce, or
470intimidate another person to commit:
471     (a)  Any crime that is chargeable by petition, indictment,
472or information under the following provisions of the Florida
473Statutes:
474     1.  Section 210.18, relating to evasion of payment of
475cigarette taxes.
476     2.  Section 316.1935, relating to fleeing or attempting to
477elude a law enforcement officer and aggravated fleeing or
478eluding.
479     3.  Section 403.727(3)(b), relating to environmental
480control.
481     4.  Section 409.920 or s. 409.9201, relating to Medicaid
482fraud.
483     5.  Section 414.39, relating to public assistance fraud.
484     6.  Section 440.105 or s. 440.106, relating to workers'
485compensation.
486     7.  Section 443.071(4), relating to creation of a
487fictitious employer scheme to commit unemployment compensation
488fraud.
489     8.  Section 465.0161, relating to distribution of medicinal
490drugs without a permit as an Internet pharmacy.
491     9.  Section 499.0051, relating to crimes involving
492contraband and adulterated drugs.
493     10.  Part IV of chapter 501, relating to telemarketing.
494     11.  Chapter 517, relating to sale of securities and
495investor protection.
496     12.  Section 550.235 or s. 550.3551, relating to dogracing
497and horseracing.
498     13.  Chapter 550, relating to jai alai frontons.
499     14.  Section 551.109, relating to slot machine gaming.
500     15.  Chapter 552, relating to the manufacture,
501distribution, and use of explosives.
502     16.  Chapter 560, relating to money transmitters, if the
503violation is punishable as a felony.
504     17.  Chapter 562, relating to beverage law enforcement.
505     18.  Section 624.401, relating to transacting insurance
506without a certificate of authority, s. 624.437(4)(c)1., relating
507to operating an unauthorized multiple-employer welfare
508arrangement, or s. 626.902(1)(b), relating to representing or
509aiding an unauthorized insurer.
510     19.  Section 655.50, relating to reports of currency
511transactions, when such violation is punishable as a felony.
512     20.  Chapter 687, relating to interest and usurious
513practices.
514     21.  Section 721.08, s. 721.09, or s. 721.13, relating to
515real estate timeshare plans.
516     22.  Section 775.13(5)(b), relating to registration of
517persons found to have committed any offense for the purpose of
518benefiting, promoting, or furthering the interests of a criminal
519gang.
520     23.  Section 777.03, relating to commission of crimes by
521accessories after the fact.
522     24.  Chapter 782, relating to homicide.
523     25.  Chapter 784, relating to assault and battery.
524     26.  Chapter 787, relating to kidnapping or human
525trafficking.
526     27.  Chapter 790, relating to weapons and firearms.
527     28.  Chapter 794, relating to sexual battery, but only if
528such crime was committed with the intent to benefit, promote, or
529further the interests of a criminal gang, or for the purpose of
530increasing a criminal gang member's own standing or position
531within a criminal gang.
532     29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
533796.05, or s. 796.07, relating to prostitution and sex
534trafficking.
535     30.  Chapter 806, relating to arson and criminal mischief.
536     31.  Chapter 810, relating to burglary and trespass.
537     32.  Chapter 812, relating to theft, robbery, and related
538crimes.
539     33.  Chapter 815, relating to computer-related crimes.
540     34.  Chapter 817, relating to fraudulent practices, false
541pretenses, fraud generally, and credit card crimes.
542     35.  Chapter 825, relating to abuse, neglect, or
543exploitation of an elderly person or disabled adult.
544     36.  Section 827.071, relating to commercial sexual
545exploitation of children.
546     37.  Chapter 831, relating to forgery and counterfeiting.
547     38.  Chapter 832, relating to issuance of worthless checks
548and drafts.
549     39.  Section 836.05, relating to extortion.
550     40.  Chapter 837, relating to perjury.
551     41.  Chapter 838, relating to bribery and misuse of public
552office.
553     42.  Chapter 843, relating to obstruction of justice.
554     43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
555s. 847.07, relating to obscene literature and profanity.
556     44.  Section 849.09, s. 849.14, s. 849.15, s. 849.162, s.
557849.23, or s. 849.25, relating to gambling.
558     45.  Chapter 874, relating to criminal gangs.
559     46.  Chapter 893, relating to drug abuse prevention and
560control.
561     47.  Chapter 896, relating to offenses related to financial
562transactions.
563     48.  Sections 914.22 and 914.23, relating to tampering with
564or harassing a witness, victim, or informant, and retaliation
565against a witness, victim, or informant.
566     49.  Sections 918.12 and 918.13, relating to tampering with
567jurors and evidence.
568     Section 7.  Nothing in this act may be construed to
569authorize the possession or operation of any machine or device
570that is prohibited under any other provision of law.
571     Section 8.  Subsection (2) of section 721.111, Florida
572Statutes, is amended to read:
573     721.111  Prize and gift promotional offers.-
574     (2)  A game promotion, such as a contest of chance, gift
575enterprise, or sweepstakes, in which the elements of chance and
576prize are present may not be used in connection with the
577offering or sale of timeshare interests, except for drawings, as
578that term is defined in s. 849.0935(1)(a), in which no more than
57926 prizes are promoted and in which all promoted prizes are
580actually awarded. All such drawings must meet all requirements
581of this chapter and of ss. 849.092 and 849.094(1), (4) (2), and
582(9) (7).
583     Section 9.  For the purpose of incorporating the amendment
584made by this act to section 895.02, Florida Statutes, in a
585reference thereto, paragraph (a) of subsection (1) of section
58616.56, Florida Statutes, is reenacted to read:
587     16.56  Office of Statewide Prosecution.-
588     (1)  There is created in the Department of Legal Affairs an
589Office of Statewide Prosecution. The office shall be a separate
590"budget entity" as that term is defined in chapter 216. The
591office may:
592     (a)  Investigate and prosecute the offenses of:
593     1.  Bribery, burglary, criminal usury, extortion, gambling,
594kidnapping, larceny, murder, prostitution, perjury, robbery,
595carjacking, and home-invasion robbery;
596     2.  Any crime involving narcotic or other dangerous drugs;
597     3.  Any violation of the provisions of the Florida RICO
598(Racketeer Influenced and Corrupt Organization) Act, including
599any offense listed in the definition of racketeering activity in
600s. 895.02(1)(a), providing such listed offense is investigated
601in connection with a violation of s. 895.03 and is charged in a
602separate count of an information or indictment containing a
603count charging a violation of s. 895.03, the prosecution of
604which listed offense may continue independently if the
605prosecution of the violation of s. 895.03 is terminated for any
606reason;
607     4.  Any violation of the provisions of the Florida Anti-
608Fencing Act;
609     5.  Any violation of the provisions of the Florida
610Antitrust Act of 1980, as amended;
611     6.  Any crime involving, or resulting in, fraud or deceit
612upon any person;
613     7.  Any violation of s. 847.0135, relating to computer
614pornography and child exploitation prevention, or any offense
615related to a violation of s. 847.0135 or any violation of
616chapter 827 where the crime is facilitated by or connected to
617the use of the Internet or any device capable of electronic data
618storage or transmission;
619     8.  Any violation of the provisions of chapter 815;
620     9.  Any criminal violation of part I of chapter 499;
621     10.  Any violation of the provisions of the Florida Motor
622Fuel Tax Relief Act of 2004;
623     11.  Any criminal violation of s. 409.920 or s. 409.9201;
624     12.  Any crime involving voter registration, voting, or
625candidate or issue petition activities;
626     13.  Any criminal violation of the Florida Money Laundering
627Act; or
628     14.  Any criminal violation of the Florida Securities and
629Investor Protection Act; or any attempt, solicitation, or
630conspiracy to commit any of the crimes specifically enumerated
631above. The office shall have such power only when any such
632offense is occurring, or has occurred, in two or more judicial
633circuits as part of a related transaction, or when any such
634offense is connected with an organized criminal conspiracy
635affecting two or more judicial circuits. Informations or
636indictments charging such offenses shall contain general
637allegations stating the judicial circuits and counties in which
638crimes are alleged to have occurred or the judicial circuits and
639counties in which crimes affecting such circuits or counties are
640alleged to have been connected with an organized criminal
641conspiracy.
642     Section 10.  For the purpose of incorporating the amendment
643made by this act to section 849.16, Florida Statutes, in a
644reference thereto, subsection (1) of section 338.234, Florida
645Statutes, is reenacted to read:
646     338.234  Granting concessions or selling along the turnpike
647system; immunity from taxation.-
648     (1)  The department may enter into contracts or licenses
649with any person for the sale of services or products or business
650opportunities on the turnpike system, or the turnpike enterprise
651may sell services, products, or business opportunities on the
652turnpike system, which benefit the traveling public or provide
653additional revenue to the turnpike system. Services, business
654opportunities, and products authorized to be sold include, but
655are not limited to, motor fuel, vehicle towing, and vehicle
656maintenance services; food with attendant nonalcoholic
657beverages; lodging, meeting rooms, and other business services
658opportunities; advertising and other promotional opportunities,
659which advertising and promotions must be consistent with the
660dignity and integrity of the state; state lottery tickets sold
661by authorized retailers; games and amusements that operate by
662the application of skill, not including games of chance as
663defined in s. 849.16 or other illegal gambling games; Florida
664citrus, goods promoting the state, or handmade goods produced
665within the state; and travel information, tickets, reservations,
666or other related services. However, the department, pursuant to
667the grants of authority to the turnpike enterprise under this
668section, shall not exercise the power of eminent domain solely
669for the purpose of acquiring real property in order to provide
670business services or opportunities, such as lodging and meeting-
671room space on the turnpike system.
672     Section 11.  For the purpose of incorporating the amendment
673made by this act to section 895.02, Florida Statutes, in a
674reference thereto, paragraph (g) of subsection (3) of section
675655.50, Florida Statutes, is reenacted to read:
676     655.50  Florida Control of Money Laundering in Financial
677Institutions Act; reports of transactions involving currency or
678monetary instruments; when required; purpose; definitions;
679penalties.-
680     (3)  As used in this section, the term:
681     (g)  "Specified unlawful activity" means any "racketeering
682activity" as defined in s. 895.02.
683     Section 12.  For the purpose of incorporating the amendment
684made by this act to section 849.16, Florida Statutes, in a
685reference thereto, section 849.19, Florida Statutes, is
686reenacted to read:
687     849.19  Property rights in confiscated machine.-The right
688of property in and to any machine, apparatus or device as
689defined in s. 849.16 and to all money and other things of value
690therein, is declared not to exist in any person, and the same
691shall be forfeited and such money or other things of value shall
692be forfeited to the county in which the seizure was made and
693shall be delivered forthwith to the clerk of the circuit court
694and shall by her or him be placed in the fine and forfeiture
695fund of said county.
696     Section 13.  For the purpose of incorporating the amendment
697made by this act to section 895.02, Florida Statutes, in a
698reference thereto, paragraph (g) of subsection (2) of section
699896.101, Florida Statutes, is reenacted to read:
700     896.101  Florida Money Laundering Act; definitions;
701penalties; injunctions; seizure warrants; immunity.-
702     (2)  As used in this section, the term:
703     (g)  "Specified unlawful activity" means any "racketeering
704activity" as defined in s. 895.02.
705     Section 14.  For the purpose of incorporating the amendment
706made by this act to section 895.02, Florida Statutes, in a
707reference thereto, subsection (3) of section 905.34, Florida
708Statutes, is reenacted to read:
709     905.34  Powers and duties; law applicable.-The jurisdiction
710of a statewide grand jury impaneled under this chapter shall
711extend throughout the state. The subject matter jurisdiction of
712the statewide grand jury shall be limited to the offenses of:
713     (3)  Any violation of the provisions of the Florida RICO
714(Racketeer Influenced and Corrupt Organization) Act, including
715any offense listed in the definition of racketeering activity in
716s. 895.02(1)(a), providing such listed offense is investigated
717in connection with a violation of s. 895.03 and is charged in a
718separate count of an information or indictment containing a
719count charging a violation of s. 895.03, the prosecution of
720which listed offense may continue independently if the
721prosecution of the violation of s. 895.03 is terminated for any
722reason; or any attempt, solicitation, or conspiracy to commit
723any violation of the crimes specifically enumerated above, when
724any such offense is occurring, or has occurred, in two or more
725judicial circuits as part of a related transaction or when any
726such offense is connected with an organized criminal conspiracy
727affecting two or more judicial circuits. The statewide grand
728jury may return indictments and presentments irrespective of the
729county or judicial circuit where the offense is committed or
730triable. If an indictment is returned, it shall be certified and
731transferred for trial to the county where the offense was
732committed. The powers and duties of, and law applicable to,
733county grand juries shall apply to a statewide grand jury except
734when such powers, duties, and law are inconsistent with the
735provisions of ss. 905.31-905.40.
736     Section 15.  This act shall take effect upon becoming a
737law.


CODING: Words stricken are deletions; words underlined are additions.