Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 666
                                Barcode 304840                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 5343 and 5344
    4  insert:
    5         Section 74. Section 849.0915, Florida Statutes, is amended
    6  to read:
    7         849.0915 Referral selling.—
    8         (1) Referral selling, whereby the seller gives or offers a
    9  rebate or discount to the buyer as an inducement for a sale in
   10  consideration of the buyer’s providing the seller with the names
   11  of prospective purchasers, is declared to be a lottery if
   12  earning the rebate or discount is contingent upon the occurrence
   13  of an event subsequent to the time the buyer agrees to buy.
   14         (2) Any person conducting a lottery by referral selling is
   15  guilty of a misdemeanor of the first degree, punishable as
   16  provided in s. 775.082 or s. 775.083.
   17         (3) In addition to the penalty provided herein, the
   18  Attorney General and her or his assistants, the state attorneys
   19  and their assistants, and the Department of Gaming Control
   20  Division of Consumer Services of the Department of Agriculture
   21  and Consumer Services are authorized to apply to the circuit
   22  court within their respective jurisdictions, and such court
   23  shall have jurisdiction, upon hearing and for cause shown, to
   24  grant a temporary or permanent injunction restraining any person
   25  from violating the provisions of this section, whether or not
   26  there exists an adequate remedy at law, and such injunction
   27  shall issue without bond.
   29         Between lines 5510 and 5511
   30  insert:
   31         Section 76. Section 849.12, Florida Statutes, is amended to
   32  read:
   33         849.12 Money and prizes to be forfeited.—All sums of money
   34  and every other valuable thing drawn and won as a prize, or as a
   35  share of a prize, or as a share, percentage or profit of the
   36  principal promoter or operator, in any lottery, and all money,
   37  currency or property of any kind to be disposed of, or offered
   38  to be disposed of, by chance or device in any scheme or under
   39  any pretext by any person, and all sums of money or other thing
   40  of value received by any person by reason of her or his being
   41  the owner or holder of any ticket or share of a ticket in a
   42  lottery, or pretended lottery, or of a share or right in any
   43  such schemes of chance or device and all sums of money and other
   44  thing of value used in the setting up, conducting or operation
   45  of a lottery, and all money or other thing of value at stake, or
   46  used or displayed in or in connection with any illegal gambling
   47  or any illegal gambling device contrary to the laws of this
   48  state, shall be forfeited, and may be recovered by civil
   49  proceedings, filed, or by action for money had and received, to
   50  be brought by the Department of Gaming Control, the Department
   51  of Legal Affairs, or any state attorney, or other prosecuting
   52  officer, in the circuit courts in the name and on behalf of the
   53  state; the same to be applied when collected as all other penal
   54  forfeitures are disposed of.
   56  ================= T I T L E  A M E N D M E N T ================
   57         And the title is amended as follows:
   58         Delete lines 76 - 83
   59  and insert:
   60         Gaming Control; amending s. 849.0915, F.S.; adding the
   61         Department of Gaming Control to the group of entities
   62         authorized to seek an injunction against a person who
   63         is engaged in referral selling; amending s. 849.094,
   64         F.S.; providing for the regulation of game promotions
   65         by the Department of Gaming Control, rather than the
   66         Department of Agriculture and Consumer Services;
   67         deleting a reference to charitable nonprofit
   68         organizations; deleting a reference to the Department
   69         of Business and Professional Regulation to conform to
   70         changes made by the act; amending s. 849.12, F.S.;
   71         adding the Department of Gaming Control to the group
   72         of entities authorized to recover moneys and other
   73         items used in illegal gambling activities; providing
   74         an effective date.