1 | A bill to be entitled |
2 | An act relating to the prohibition of simulated |
3 | gambling devices; creating s. 849.162, F.S.; creating |
4 | the "Simulated Gambling Prohibition and Community |
5 | Protection Act"; providing legislative findings and |
6 | intent; providing definitions; prohibiting the use of |
7 | simulated gambling devices to conduct or promote game |
8 | promotions, drawings, and games of chance; providing |
9 | penalties; providing for construction; amending s. |
10 | 849.0935, F.S., relating to drawings by chance offered |
11 | by nonprofit organizations; revising definitions; |
12 | revising conditions for exceptions to prohibitions on |
13 | lotteries; prohibiting the use of simulated gambling |
14 | devices or other devices operated by drawing entrants; |
15 | providing penalties; amending s. 849.094, F.S.; |
16 | revising definitions; providing conditions for |
17 | exceptions to prohibitions on lotteries; prohibiting |
18 | the use of simulated gambling devices or other devices |
19 | operated by game promotion entrants; limiting the |
20 | rulemaking authority of the Department of Agriculture |
21 | and Consumer Services; providing for construction; |
22 | providing penalties; providing that violations are |
23 | deceptive and unfair trade practices; amending s. |
24 | 849.15, F.S.; prohibiting production, possession, or |
25 | distribution of any gambling apparatus; amending s. |
26 | 849.16, F.S.; providing that described machines or |
27 | devices are subject to gambling provisions; amending |
28 | s. 895.02, F.S.; revising the definition of the term |
29 | "racketeering activity" to include violations of |
30 | specified provisions; providing for construction; |
31 | amending s. 721.111, F.S., relating to promotional |
32 | offers; conforming cross-references; reenacting s. |
33 | 16.56(1)(a), 338.234(1), 655.50(3)(g), 849.19, |
34 | 896.101(2)(g), and 905.34(3), F.S., relating to the |
35 | Office of Statewide Prosecution, the Florida Turnpike, |
36 | money laundering, seizure of property, the Florida |
37 | Money Laundering Act, and a statewide grand jury, |
38 | respectively, to incorporate changes made by the act |
39 | in references thereto; providing an effective date. |
40 |
|
41 | WHEREAS, the State of Florida has specifically prohibited |
42 | gambling in section 849.08, Florida Statutes, and |
43 | WHEREAS, section 849.0935, Florida Statutes is intended to |
44 | allow, without violation of the lottery law, specified |
45 | charitable or nonprofit organizations the opportunity to raise |
46 | funds to carry out their charitable or nonprofit purpose by |
47 | conducting an occasional drawing or raffle for prizes upon the |
48 | receipt of voluntary donations or contributions and was not |
49 | intended to provide a vehicle for the establishment of places of |
50 | ongoing gambling or gaming, and |
51 | WHEREAS, section 849.094, Florida Statutes is intended to |
52 | allow, without violation of the lottery law, for-profit |
53 | commercial enterprises to conduct a game promotion or |
54 | sweepstakes on a limited and occasional basis as a marketing |
55 | tool and incidental to substantial bona fide sales of consumer |
56 | products or services provided they comply with specified |
57 | requirements and rules of the Department of Agriculture and |
58 | Consumer Services and was not intended to provide a vehicle for |
59 | the establishment of places of ongoing gambling or gaming, and |
60 | WHEREAS, section 849.0935, Florida Statutes and section |
61 | 849.094, Florida Statutes regulate such activities and require |
62 | operation in a very specific manner deemed to be beneficial or |
63 | less harmful to the community and were not intended to allow for |
64 | large-scale ongoing operations of gaming or gambling, and |
65 | WHEREAS, due to the instant gratification provided, the use |
66 | of electronic gambling machines or devices for convenience |
67 | gambling is associated with higher levels and faster development |
68 | of compulsive gambling problems and should be tightly regulated |
69 | if and when permitted, and |
70 | WHEREAS, the State of Florida has specifically prohibited |
71 | any slot machine or device in section 849.15, Florida Statutes, |
72 | and has specifically defined slot machine or device in section |
73 | 849.16, Florida Statutes, and |
74 | WHEREAS, various companies have developed electronic |
75 | machines and devices to simulate the experience of gambling |
76 | while attempting to avoid Florida's prohibition on slot machines |
77 | and devices through the pretextual conduct of charitable or |
78 | nonprofit drawings by chance or raffles or game promotions in |
79 | connection with merely incidental consumer sales or services, |
80 | such as sale of internet or telephone time, and |
81 | WHEREAS, operators are offering such simulated gambling at |
82 | ongoing establishments located in local communities and offering |
83 | extended hours and days of operation, attracting convenience |
84 | gamblers and encouraging unplanned repeated convenience |
85 | gambling, and |
86 | WHEREAS, such simulated gambling encourages the vice of |
87 | compulsive gambling, even when purportedly used as a marketing |
88 | or fundraising technique, by delivering the same instant |
89 | gratification as other forms of electronic gambling, limiting |
90 | the duration of game play to encourage continued play, promoting |
91 | hopes to win large sums of money through electronic game play, |
92 | and allowing players to wager more consideration in the hopes of |
93 | achieving a larger financial award, and |
94 | WHEREAS, such simulated gambling create the same negative |
95 | secondary effects in the community as other forms of gambling, |
96 | even when purportedly used as a marketing or fundraising |
97 | technique, including claims of compulsive gambling problems by |
98 | players and excessive financial losses reported by players, NOW, |
99 | THEREFORE, |
100 |
|
101 | Be It Enacted by the Legislature of the State of Florida: |
102 |
|
103 | Section 1. Section 849.162, Florida Statutes, is created |
104 | to read: |
105 | 849.162 Simulated gambling devices.- |
106 | (1) This section may be cited as the "Simulated Gambling |
107 | Prohibition and Community Protection Act." |
108 | (2) The Legislature finds that there is a compelling state |
109 | interest in addressing the deleterious effects of the |
110 | proliferation of electronic machines and devices used for |
111 | simulated gambling or gaming. The Legislature declares that it |
112 | is the intent of this section to prohibit the use of such |
113 | devices. |
114 | (3) As used in this section, the term: |
115 | (a) "Simulated gambling device" means a mechanically or |
116 | electronically operated machine, network, system, or device that |
117 | is intended to be used by an entrant to a game promotion, |
118 | sweepstakes, drawing, raffle, or any game of chance and that is |
119 | capable of displaying a simulated gambling display on a screen |
120 | or other mechanism. |
121 | (b) "Simulated gambling display" means visual or aural |
122 | information capable of being perceived by a user which takes the |
123 | form of actual or simulated gambling or gaming play. The term |
124 | includes, but is not limited to, displays depicting the |
125 | following types of games: |
126 | 1. Reel games or simulations of reel games, such as slot |
127 | machines, eight liners, or pot-of-gold. |
128 | 2. Card games or simulations of card games, such as video |
129 | poker. |
130 | 3. Video games representing a game regulated by Florida |
131 | law, such as bingo, sweepstakes, game promotions, drawings, or |
132 | raffles. |
133 | 4. Video games representing a game prohibited by Florida |
134 | law, such as craps, keno, and lotteries. |
135 | 5. Any video game based on or involving the random or |
136 | chance matching of different pictures, words, numbers, or |
137 | symbols. |
138 | (c) "Gambling," "gaming," or "game" is not used to |
139 | incorporate any legal definition of the term and does not |
140 | necessitate the presence of elements of consideration, chance, |
141 | or prize. |
142 | (4) Notwithstanding any other provision of law, a person |
143 | may not design, promote, or operate a simulated gambling device |
144 | to: |
145 | (a) Conduct a game promotion, sweepstakes, drawing, |
146 | raffle, or any game of chance, including the entry process or |
147 | the revealing of a prize or outcome; or |
148 | (b) Promote a game promotion, sweepstakes, drawing, |
149 | raffle, or any game of chance that is conducted through the use |
150 | of a simulated gambling display, including the entry process or |
151 | the revealing of a prize or outcome. |
152 | (5) A person who violates this section commits a felony of |
153 | the third degree, punishable as provided in s. 775.082, s. |
154 | 775.083, or s. 775.084. |
155 | (6) A finding that a machine or device is a simulated |
156 | gambling device under this section does not preclude a finding |
157 | that it is also a slot machine or device under s. 849.16. |
158 | (7) It is the intent of this section to prohibit any |
159 | mechanism that seeks to avoid application of this section |
160 | through the use of any subterfuge or pretense whatsoever. |
161 | (8) Nothing in this section may be construed to prohibit: |
162 | (a) Activity that is lawfully conducted on Indian lands |
163 | pursuant to and in accordance with an approved Tribal-State |
164 | Gaming Compact. |
165 | (b) Activity that is lawfully conducted pursuant to s. |
166 | 849.161. |
167 | Section 2. Paragraph (a) of subsection (1), subsection |
168 | (2), and subsection (7) of section 849.0935, Florida Statutes, |
169 | are amended, and paragraphs (j) and (k) are added to subsection |
170 | (4) of that section, to read: |
171 | 849.0935 Charitable, nonprofit organizations; drawings by |
172 | chance; required disclosures; unlawful acts and practices; |
173 | penalties.- |
174 | (1) As used in this section, the term: |
175 | (a) "Drawing by chance," or "drawing," or "raffle" means |
176 | an enterprise in which, from the entries submitted by the public |
177 | to the organization conducting the drawing, one or more entries |
178 | are selected by chance to win a prize. The term "drawing" does |
179 | not include those enterprises, commonly known as "game |
180 | promotions," as defined by s. 849.094, "matching," "instant |
181 | winner," or "preselected sweepstakes," which involve the |
182 | distribution of winning numbers, previously designated as such, |
183 | to the public. |
184 | (2) The provisions of s. 849.09 shall not be construed to |
185 | prohibit an organization qualified under 26 U.S.C. s. 501(c)(3), |
186 | (4), (7), (8), (10), or (19) from conducting drawings by chance |
187 | pursuant to the authority granted by this section, provided the |
188 | organization has complied with all applicable provisions of |
189 | chapter 496 and this section. |
190 | (4) It is unlawful for any organization which, pursuant to |
191 | the authority granted by this section, promotes, operates, or |
192 | conducts a drawing by chance: |
193 | (j) To design, engage in, promote, or conduct any drawing |
194 | using a simulated gambling device, as defined by s. 849.162. |
195 | (k) To design, engage in, promote, or conduct any drawing |
196 | through the use of any mechanically or electronically operated |
197 | machine, network, system, or device that is: |
198 | 1. Owned, leased, or otherwise controlled by the |
199 | organization or a partner, affiliate, subsidiary, contractor, or |
200 | agent of the organization; and |
201 | 2. Operated, played, or otherwise interacted with by an |
202 | entrant to the drawing. |
203 | (7)(a) Any organization which engages in any act or |
204 | practice in violation of this section is guilty of a misdemeanor |
205 | of the second degree, punishable as provided in s. 775.082 or s. |
206 | 775.083. However, Any organization or other person who sells or |
207 | offers for sale in this state a ticket or entry blank for a |
208 | raffle or other drawing by chance, without complying with the |
209 | requirements of paragraph (3)(d), commits is guilty of a |
210 | misdemeanor of the second degree, punishable by fine only as |
211 | provided in s. 775.083. |
212 | (b) Any organization or person who violates paragraph |
213 | (4)(j) or paragraph (4)(k) commits a misdemeanor of the first |
214 | degree, punishable as provided in s. 775.082 or s. 775.083. |
215 | (c) Any organization that engages in any other act or |
216 | practice in violation of this section commits a misdemeanor of |
217 | the second degree, punishable as provided in s. 775.082 or s. |
218 | 775.083. |
219 | Section 3. Section 849.094, Florida Statutes, is amended |
220 | to read: |
221 | 849.094 Game promotion in connection with sale of consumer |
222 | products or services.- |
223 | (1) As used in this section, the term: |
224 | (a) "Game promotion" means, but is not limited to, a |
225 | contest, game of chance, sweepstakes, or gift enterprise, |
226 | conducted by an operator within or throughout the state and |
227 | other states in connection with and incidental to the sale of |
228 | consumer products or services, and in which the elements of |
229 | chance and prize are present. However, "game promotion" may |
230 | shall not be construed to apply to bingo games conducted |
231 | pursuant to s. 849.0931. |
232 | (b) "Operator" means any person, firm, corporation, |
233 | enterprise, organization, or association or agent or employee |
234 | thereof who promotes, operates, or conducts a game promotion, |
235 | except any charitable nonprofit organization. |
236 | (2) The provisions of s. 849.09 may not be construed to |
237 | prohibit an operator from conducting a game promotion pursuant |
238 | to this section, provided the operator has complied with the |
239 | provisions of this section. |
240 | (3) An organization, as defined by s. 849.0935, may not |
241 | operate a game promotion. |
242 | (4)(2) It is unlawful for any operator: |
243 | (a) To design, engage in, promote, or conduct such a game |
244 | promotion through a simulated gambling device, as defined in s. |
245 | 849.162. |
246 | (b) To design, engage in, promote, or conduct such a game |
247 | promotion through the use of any mechanically or electronically |
248 | operated machine, network, system, or device that is: |
249 | 1. Owned, leased, or otherwise controlled by the |
250 | organization or the organization's partners, affiliates, |
251 | subsidiaries, contractors, or agents; and |
252 | 2. Operated, played, or otherwise interacted with by an |
253 | entrant to the game promotion. |
254 | (c)(a) To design, engage in, promote, or conduct such a |
255 | game promotion, in connection with the promotion or sale of |
256 | consumer products or services, wherein the winner may be |
257 | predetermined or the game may be manipulated or rigged so as to: |
258 | 1. Allocate a winning game or any portion thereof to |
259 | certain lessees, agents, or franchises; or |
260 | 2. Allocate a winning game or part thereof to a particular |
261 | period of the game promotion or to a particular geographic area; |
262 | (d)(b) Arbitrarily to remove, disqualify, disallow, or |
263 | reject any entry; |
264 | (e)(c) To fail to award prizes offered; |
265 | (f)(d) To print, publish, or circulate literature or |
266 | advertising material used in connection with such game |
267 | promotions which is false, deceptive, or misleading; or |
268 | (g)(e) To require an entry fee, payment, or proof of |
269 | purchase as a condition of entering a game promotion. |
270 | (5)(3) The operator of a game promotion in which the total |
271 | announced value of the prizes offered is greater than $5,000 |
272 | shall file with the Department of Agriculture and Consumer |
273 | Services a copy of the rules and regulations of the game |
274 | promotion and a list of all prizes and prize categories offered |
275 | at least 7 days before the commencement of the game promotion. |
276 | Such rules and regulations may not thereafter be changed, |
277 | modified, or altered. The operator of a game promotion shall |
278 | conspicuously post the rules and regulations of such game |
279 | promotion in each and every retail outlet or place where such |
280 | game promotion may be played or participated in by the public |
281 | and shall also publish the rules and regulations in all |
282 | advertising copy used in connection therewith. However, such |
283 | advertising copy need only include the material terms of the |
284 | rules and regulations if the advertising copy includes a website |
285 | address, a toll-free telephone number, or a mailing address |
286 | where the full rules and regulations may be viewed, heard, or |
287 | obtained for the full duration of the game promotion. Such |
288 | disclosures must be legible. Radio and television announcements |
289 | may indicate that the rules and regulations are available at |
290 | retail outlets or from the operator of the promotion. A |
291 | nonrefundable filing fee of $100 shall accompany each filing and |
292 | shall be used to pay the costs incurred in administering and |
293 | enforcing the provisions of this section. |
294 | (6)(4)(a) Every operator of such a game promotion in which |
295 | the total announced value of the prizes offered is greater than |
296 | $5,000 shall establish a trust account, in a national or state- |
297 | chartered financial institution, with a balance sufficient to |
298 | pay or purchase the total value of all prizes offered. On a form |
299 | supplied by the Department of Agriculture and Consumer Services, |
300 | an official of the financial institution holding the trust |
301 | account shall set forth the dollar amount of the trust account, |
302 | the identity of the entity or individual establishing the trust |
303 | account, and the name of the game promotion for which the trust |
304 | account has been established. Such form shall be filed with the |
305 | Department of Agriculture and Consumer Services at least 7 days |
306 | in advance of the commencement of the game promotion. In lieu of |
307 | establishing such trust account, the operator may obtain a |
308 | surety bond in an amount equivalent to the total value of all |
309 | prizes offered; and such bond shall be filed with the Department |
310 | of Agriculture and Consumer Services at least 7 days in advance |
311 | of the commencement of the game promotion. |
312 | 1. The moneys held in the trust account may be withdrawn |
313 | in order to pay the prizes offered only upon certification to |
314 | the Department of Agriculture and Consumer Services of the name |
315 | of the winner or winners and the amount of the prize or prizes |
316 | and the value thereof. |
317 | 2. If the operator of a game promotion has obtained a |
318 | surety bond in lieu of establishing a trust account, the amount |
319 | of the surety bond shall equal at all times the total amount of |
320 | the prizes offered. |
321 | (b) The Department of Agriculture and Consumer Services |
322 | may waive the provisions of this subsection for any operator who |
323 | has conducted game promotions in the state for not less than 5 |
324 | consecutive years and who has not had any civil, criminal, or |
325 | administrative action instituted against him or her by the state |
326 | or an agency of the state for violation of this section within |
327 | that 5-year period. Such waiver may be revoked upon the |
328 | commission of a violation of this section by such operator, as |
329 | determined by the Department of Agriculture and Consumer |
330 | Services. |
331 | (7)(5) Every operator of a game promotion in which the |
332 | total announced value of the prizes offered is greater than |
333 | $5,000 shall provide the Department of Agriculture and Consumer |
334 | Services with a certified list of the names and addresses of all |
335 | persons, whether from this state or from another state, who have |
336 | won prizes which have a value of more than $25, the value of |
337 | such prizes, and the dates when the prizes were won within 60 |
338 | days after such winners have been finally determined. The |
339 | operator shall provide a copy of the list of winners, without |
340 | charge, to any person who requests it. In lieu of the foregoing, |
341 | the operator of a game promotion may, at his or her option, |
342 | publish the same information about the winners in a Florida |
343 | newspaper of general circulation within 60 days after such |
344 | winners have been determined and shall provide to the Department |
345 | of Agriculture and Consumer Services a certified copy of the |
346 | publication containing the information about the winners. The |
347 | operator of a game promotion is not required to notify a winner |
348 | by mail or by telephone when the winner is already in possession |
349 | of a game card from which the winner can determine that he or |
350 | she has won a designated prize. All winning entries shall be |
351 | held by the operator for a period of 90 days after the close or |
352 | completion of the game. |
353 | (8)(6) The Department of Agriculture and Consumer Services |
354 | shall keep the certified list of winners for a period of at |
355 | least 6 months after receipt of the certified list. The |
356 | department thereafter may dispose of all records and lists. |
357 | (9)(7) No operator shall force, directly or indirectly, a |
358 | lessee, agent, or franchise dealer to purchase or participate in |
359 | any game promotion. For the purpose of this section, coercion or |
360 | force shall be presumed in these circumstances in which a course |
361 | of business extending over a period of 1 year or longer is |
362 | materially changed coincident with a failure or refusal of a |
363 | lessee, agent, or franchise dealer to participate in such game |
364 | promotions. Such force or coercion shall further be presumed |
365 | when an operator advertises generally that game promotions are |
366 | available at its lessee dealers or agent dealers. |
367 | (10)(8)(a) The Department of Agriculture and Consumer |
368 | Services shall have the power to promulgate such rules and |
369 | regulations respecting the operation of game promotions as it |
370 | may deem advisable. However, the department may not authorize |
371 | the operation or possession of a slot machine or device or any |
372 | other device that is otherwise prohibited from operation or |
373 | possession in the state and may not authorize game promotions to |
374 | be conducted through the use of any mechanically or |
375 | electronically operated machine, network, system, or device. |
376 | (b) Compliance with the rules of the department does not |
377 | authorize and is not a defense to a charge of possession of a |
378 | slot machine or device or any other device or a violation of any |
379 | other law. |
380 | (c)(b) Whenever the Department of Agriculture and Consumer |
381 | Services or the Department of Legal Affairs has reason to |
382 | believe that a game promotion is being operated in violation of |
383 | this section, it may bring an action in the circuit court of any |
384 | judicial circuit in which the game promotion is being operated |
385 | in the name and on behalf of the people of the state against any |
386 | operator thereof to enjoin the continued operation of such game |
387 | promotion anywhere within the state. |
388 | (11)(9)(a) Any person, firm, or corporation, or |
389 | association or agent or employee thereof, who engages in any |
390 | acts or practices stated in this section to be unlawful, or who |
391 | violates any of the rules and regulations made pursuant to this |
392 | section, commits is guilty of a misdemeanor of the second |
393 | degree, punishable as provided in s. 775.082 or s. 775.083. |
394 | (b) Any person, firm, or corporation, or association or |
395 | agent or employee thereof, who violates paragraph (4)(f) or |
396 | paragraph (4)(g) commits a felony of the third degree, |
397 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
398 | (c)(b) Any person, firm, corporation, association, agent, |
399 | or employee who violates any provision of this section or any of |
400 | the rules and regulations made pursuant to this section shall be |
401 | liable for a civil penalty of not more than $1,000 for each such |
402 | violation, which shall accrue to the state and may be recovered |
403 | in a civil action brought by the Department of Agriculture and |
404 | Consumer Services or the Department of Legal Affairs. |
405 | (12) A violation of this section, or soliciting another to |
406 | do an act which violates this section, is a deceptive and unfair |
407 | trade practice. |
408 | (13)(10) This section does not apply to actions or |
409 | transactions regulated by the Department of Business and |
410 | Professional Regulation or to the activities of nonprofit |
411 | organizations or to any other organization engaged in any |
412 | enterprise other than the sale of consumer products or services. |
413 | Subsections (3), (4), (5), (6), and (7), (8), and (9) and |
414 | paragraph (10)(8)(a) and any of the rules made pursuant thereto |
415 | do not apply to television or radio broadcasting companies |
416 | licensed by the Federal Communications Commission. |
417 | (14) Nothing in this section shall prohibit a corporation |
418 | or its wholly owned subsidiaries, or a franchisee association or |
419 | cooperative thereof, that is registered under the federal |
420 | Securities Exchange Act of 1934 and has total assets of not less |
421 | than $25 million from conducting a game promotion which can be |
422 | played on an electronic communication device, including, but not |
423 | limited to, a computer or a cellular telephone. |
424 | Section 4. Subsection (1) of section 849.15, Florida |
425 | Statutes, is amended to read: |
426 | 849.15 Manufacture, sale, possession, etc., of coin- |
427 | operated devices prohibited.- |
428 | (1) It is unlawful: |
429 | (a) To manufacture, own, store, keep, possess, sell, rent, |
430 | lease, let on shares, lend or give away, transport, or expose |
431 | for sale or lease, or to offer to sell, rent, lease, let on |
432 | shares, lend or give away, or permit the operation of, or for |
433 | any person to permit to be placed, maintained, or used or kept |
434 | in any room, space, or building owned, leased, or occupied by |
435 | the person or under the person's management or control, any slot |
436 | machine or device or any part thereof, or other gambling |
437 | apparatus or any part thereof that is otherwise prohibited from |
438 | operation or possession in the state; or |
439 | (b) To make or to permit to be made with any person any |
440 | agreement with reference to any slot machine or device, pursuant |
441 | to which the user thereof, as a result of any element of chance |
442 | or other outcome unpredictable to him or her, may become |
443 | entitled to receive any money, credit, allowance, or thing of |
444 | value or additional chance or right to use such machine or |
445 | device, or to receive any check, slug, token, or memorandum |
446 | entitling the holder to receive any money, credit, allowance, or |
447 | thing of value. |
448 | Section 5. Subsection (1) of section 849.16, Florida |
449 | Statutes, is amended to read: |
450 | 849.16 Machines or devices which come within provisions of |
451 | law defined.- |
452 | (1) Any machine or device or system or network of |
453 | computers or other devices is a slot machine or device within |
454 | the provisions of this chapter if it is one that is adapted for |
455 | use in such a way that, as a result of the insertion of any |
456 | piece of money, coin, code, account number, credit, or other |
457 | object or method of activation, such machine, or device, or |
458 | system or network of computers or other devices is caused to |
459 | operate or may be operated, whether directly or as the result of |
460 | indirect remote activation, and if the user, by reason of any |
461 | element of chance or of any other outcome of such operation |
462 | unpredictable by him or her, may: |
463 | (a) Receive or become entitled to receive any piece of |
464 | money, credit, allowance, or thing of value, or any check, slug, |
465 | token, or memorandum, whether of value or otherwise, which may |
466 | be exchanged for any money, credit, allowance, or thing of value |
467 | or which may be given in trade; or |
468 | (b) Secure additional chances or rights to use such |
469 | machine, apparatus, or device, even though it may, in addition |
470 | to any element of chance or unpredictable outcome of such |
471 | operation, also sell, deliver, or present some merchandise, |
472 | indication of weight, entertainment, or other thing of value. |
473 | Section 6. Paragraph (a) of subsection (1) of section |
474 | 895.02, Florida Statutes, is amended to read: |
475 | 895.02 Definitions.-As used in ss. 895.01-895.08, the |
476 | term: |
477 | (1) "Racketeering activity" means to commit, to attempt to |
478 | commit, to conspire to commit, or to solicit, coerce, or |
479 | intimidate another person to commit: |
480 | (a) Any crime that is chargeable by petition, indictment, |
481 | or information under the following provisions of the Florida |
482 | Statutes: |
483 | 1. Section 210.18, relating to evasion of payment of |
484 | cigarette taxes. |
485 | 2. Section 316.1935, relating to fleeing or attempting to |
486 | elude a law enforcement officer and aggravated fleeing or |
487 | eluding. |
488 | 3. Section 403.727(3)(b), relating to environmental |
489 | control. |
490 | 4. Section 409.920 or s. 409.9201, relating to Medicaid |
491 | fraud. |
492 | 5. Section 414.39, relating to public assistance fraud. |
493 | 6. Section 440.105 or s. 440.106, relating to workers' |
494 | compensation. |
495 | 7. Section 443.071(4), relating to creation of a |
496 | fictitious employer scheme to commit unemployment compensation |
497 | fraud. |
498 | 8. Section 465.0161, relating to distribution of medicinal |
499 | drugs without a permit as an Internet pharmacy. |
500 | 9. Section 499.0051, relating to crimes involving |
501 | contraband and adulterated drugs. |
502 | 10. Part IV of chapter 501, relating to telemarketing. |
503 | 11. Chapter 517, relating to sale of securities and |
504 | investor protection. |
505 | 12. Section 550.235 or s. 550.3551, relating to dogracing |
506 | and horseracing. |
507 | 13. Chapter 550, relating to jai alai frontons. |
508 | 14. Section 551.109, relating to slot machine gaming. |
509 | 15. Chapter 552, relating to the manufacture, |
510 | distribution, and use of explosives. |
511 | 16. Chapter 560, relating to money transmitters, if the |
512 | violation is punishable as a felony. |
513 | 17. Chapter 562, relating to beverage law enforcement. |
514 | 18. Section 624.401, relating to transacting insurance |
515 | without a certificate of authority, s. 624.437(4)(c)1., relating |
516 | to operating an unauthorized multiple-employer welfare |
517 | arrangement, or s. 626.902(1)(b), relating to representing or |
518 | aiding an unauthorized insurer. |
519 | 19. Section 655.50, relating to reports of currency |
520 | transactions, when such violation is punishable as a felony. |
521 | 20. Chapter 687, relating to interest and usurious |
522 | practices. |
523 | 21. Section 721.08, s. 721.09, or s. 721.13, relating to |
524 | real estate timeshare plans. |
525 | 22. Section 775.13(5)(b), relating to registration of |
526 | persons found to have committed any offense for the purpose of |
527 | benefiting, promoting, or furthering the interests of a criminal |
528 | gang. |
529 | 23. Section 777.03, relating to commission of crimes by |
530 | accessories after the fact. |
531 | 24. Chapter 782, relating to homicide. |
532 | 25. Chapter 784, relating to assault and battery. |
533 | 26. Chapter 787, relating to kidnapping or human |
534 | trafficking. |
535 | 27. Chapter 790, relating to weapons and firearms. |
536 | 28. Chapter 794, relating to sexual battery, but only if |
537 | such crime was committed with the intent to benefit, promote, or |
538 | further the interests of a criminal gang, or for the purpose of |
539 | increasing a criminal gang member's own standing or position |
540 | within a criminal gang. |
541 | 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
542 | 796.05, or s. 796.07, relating to prostitution and sex |
543 | trafficking. |
544 | 30. Chapter 806, relating to arson and criminal mischief. |
545 | 31. Chapter 810, relating to burglary and trespass. |
546 | 32. Chapter 812, relating to theft, robbery, and related |
547 | crimes. |
548 | 33. Chapter 815, relating to computer-related crimes. |
549 | 34. Chapter 817, relating to fraudulent practices, false |
550 | pretenses, fraud generally, and credit card crimes. |
551 | 35. Chapter 825, relating to abuse, neglect, or |
552 | exploitation of an elderly person or disabled adult. |
553 | 36. Section 827.071, relating to commercial sexual |
554 | exploitation of children. |
555 | 37. Chapter 831, relating to forgery and counterfeiting. |
556 | 38. Chapter 832, relating to issuance of worthless checks |
557 | and drafts. |
558 | 39. Section 836.05, relating to extortion. |
559 | 40. Chapter 837, relating to perjury. |
560 | 41. Chapter 838, relating to bribery and misuse of public |
561 | office. |
562 | 42. Chapter 843, relating to obstruction of justice. |
563 | 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
564 | s. 847.07, relating to obscene literature and profanity. |
565 | 44. Section 849.09, s. 849.14, s. 849.15, s. 849.162, s. |
566 | 849.23, or s. 849.25, relating to gambling. |
567 | 45. Chapter 874, relating to criminal gangs. |
568 | 46. Chapter 893, relating to drug abuse prevention and |
569 | control. |
570 | 47. Chapter 896, relating to offenses related to financial |
571 | transactions. |
572 | 48. Sections 914.22 and 914.23, relating to tampering with |
573 | or harassing a witness, victim, or informant, and retaliation |
574 | against a witness, victim, or informant. |
575 | 49. Sections 918.12 and 918.13, relating to tampering with |
576 | jurors and evidence. |
577 | Section 7. Nothing in this act may be construed to |
578 | authorize the possession or operation of any machine or device |
579 | that is prohibited under any other provision of law. |
580 | Section 8. Subsection (2) of section 721.111, Florida |
581 | Statutes, is amended to read: |
582 | 721.111 Prize and gift promotional offers.- |
583 | (2) A game promotion, such as a contest of chance, gift |
584 | enterprise, or sweepstakes, in which the elements of chance and |
585 | prize are present may not be used in connection with the |
586 | offering or sale of timeshare interests, except for drawings, as |
587 | that term is defined in s. 849.0935(1)(a), in which no more than |
588 | 26 prizes are promoted and in which all promoted prizes are |
589 | actually awarded. All such drawings must meet all requirements |
590 | of this chapter and of ss. 849.092 and 849.094(1), (4) (2), and |
591 | (9) (7). |
592 | Section 9. For the purpose of incorporating the amendment |
593 | made by this act to section 895.02, Florida Statutes, in a |
594 | reference thereto, paragraph (a) of subsection (1) of section |
595 | 16.56, Florida Statutes, is reenacted to read: |
596 | 16.56 Office of Statewide Prosecution.- |
597 | (1) There is created in the Department of Legal Affairs an |
598 | Office of Statewide Prosecution. The office shall be a separate |
599 | "budget entity" as that term is defined in chapter 216. The |
600 | office may: |
601 | (a) Investigate and prosecute the offenses of: |
602 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
603 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
604 | carjacking, and home-invasion robbery; |
605 | 2. Any crime involving narcotic or other dangerous drugs; |
606 | 3. Any violation of the provisions of the Florida RICO |
607 | (Racketeer Influenced and Corrupt Organization) Act, including |
608 | any offense listed in the definition of racketeering activity in |
609 | s. 895.02(1)(a), providing such listed offense is investigated |
610 | in connection with a violation of s. 895.03 and is charged in a |
611 | separate count of an information or indictment containing a |
612 | count charging a violation of s. 895.03, the prosecution of |
613 | which listed offense may continue independently if the |
614 | prosecution of the violation of s. 895.03 is terminated for any |
615 | reason; |
616 | 4. Any violation of the provisions of the Florida Anti- |
617 | Fencing Act; |
618 | 5. Any violation of the provisions of the Florida |
619 | Antitrust Act of 1980, as amended; |
620 | 6. Any crime involving, or resulting in, fraud or deceit |
621 | upon any person; |
622 | 7. Any violation of s. 847.0135, relating to computer |
623 | pornography and child exploitation prevention, or any offense |
624 | related to a violation of s. 847.0135 or any violation of |
625 | chapter 827 where the crime is facilitated by or connected to |
626 | the use of the Internet or any device capable of electronic data |
627 | storage or transmission; |
628 | 8. Any violation of the provisions of chapter 815; |
629 | 9. Any criminal violation of part I of chapter 499; |
630 | 10. Any violation of the provisions of the Florida Motor |
631 | Fuel Tax Relief Act of 2004; |
632 | 11. Any criminal violation of s. 409.920 or s. 409.9201; |
633 | 12. Any crime involving voter registration, voting, or |
634 | candidate or issue petition activities; |
635 | 13. Any criminal violation of the Florida Money Laundering |
636 | Act; or |
637 | 14. Any criminal violation of the Florida Securities and |
638 | Investor Protection Act; or any attempt, solicitation, or |
639 | conspiracy to commit any of the crimes specifically enumerated |
640 | above. The office shall have such power only when any such |
641 | offense is occurring, or has occurred, in two or more judicial |
642 | circuits as part of a related transaction, or when any such |
643 | offense is connected with an organized criminal conspiracy |
644 | affecting two or more judicial circuits. Informations or |
645 | indictments charging such offenses shall contain general |
646 | allegations stating the judicial circuits and counties in which |
647 | crimes are alleged to have occurred or the judicial circuits and |
648 | counties in which crimes affecting such circuits or counties are |
649 | alleged to have been connected with an organized criminal |
650 | conspiracy. |
651 | Section 10. For the purpose of incorporating the amendment |
652 | made by this act to section 849.16, Florida Statutes, in a |
653 | reference thereto, subsection (1) of section 338.234, Florida |
654 | Statutes, is reenacted to read: |
655 | 338.234 Granting concessions or selling along the turnpike |
656 | system; immunity from taxation.- |
657 | (1) The department may enter into contracts or licenses |
658 | with any person for the sale of services or products or business |
659 | opportunities on the turnpike system, or the turnpike enterprise |
660 | may sell services, products, or business opportunities on the |
661 | turnpike system, which benefit the traveling public or provide |
662 | additional revenue to the turnpike system. Services, business |
663 | opportunities, and products authorized to be sold include, but |
664 | are not limited to, motor fuel, vehicle towing, and vehicle |
665 | maintenance services; food with attendant nonalcoholic |
666 | beverages; lodging, meeting rooms, and other business services |
667 | opportunities; advertising and other promotional opportunities, |
668 | which advertising and promotions must be consistent with the |
669 | dignity and integrity of the state; state lottery tickets sold |
670 | by authorized retailers; games and amusements that operate by |
671 | the application of skill, not including games of chance as |
672 | defined in s. 849.16 or other illegal gambling games; Florida |
673 | citrus, goods promoting the state, or handmade goods produced |
674 | within the state; and travel information, tickets, reservations, |
675 | or other related services. However, the department, pursuant to |
676 | the grants of authority to the turnpike enterprise under this |
677 | section, shall not exercise the power of eminent domain solely |
678 | for the purpose of acquiring real property in order to provide |
679 | business services or opportunities, such as lodging and meeting- |
680 | room space on the turnpike system. |
681 | Section 11. For the purpose of incorporating the amendment |
682 | made by this act to section 895.02, Florida Statutes, in a |
683 | reference thereto, paragraph (g) of subsection (3) of section |
684 | 655.50, Florida Statutes, is reenacted to read: |
685 | 655.50 Florida Control of Money Laundering in Financial |
686 | Institutions Act; reports of transactions involving currency or |
687 | monetary instruments; when required; purpose; definitions; |
688 | penalties.- |
689 | (3) As used in this section, the term: |
690 | (g) "Specified unlawful activity" means any "racketeering |
691 | activity" as defined in s. 895.02. |
692 | Section 12. For the purpose of incorporating the amendment |
693 | made by this act to section 849.16, Florida Statutes, in a |
694 | reference thereto, section 849.19, Florida Statutes, is |
695 | reenacted to read: |
696 | 849.19 Property rights in confiscated machine.-The right |
697 | of property in and to any machine, apparatus or device as |
698 | defined in s. 849.16 and to all money and other things of value |
699 | therein, is declared not to exist in any person, and the same |
700 | shall be forfeited and such money or other things of value shall |
701 | be forfeited to the county in which the seizure was made and |
702 | shall be delivered forthwith to the clerk of the circuit court |
703 | and shall by her or him be placed in the fine and forfeiture |
704 | fund of said county. |
705 | Section 13. For the purpose of incorporating the amendment |
706 | made by this act to section 895.02, Florida Statutes, in a |
707 | reference thereto, paragraph (g) of subsection (2) of section |
708 | 896.101, Florida Statutes, is reenacted to read: |
709 | 896.101 Florida Money Laundering Act; definitions; |
710 | penalties; injunctions; seizure warrants; immunity.- |
711 | (2) As used in this section, the term: |
712 | (g) "Specified unlawful activity" means any "racketeering |
713 | activity" as defined in s. 895.02. |
714 | Section 14. For the purpose of incorporating the amendment |
715 | made by this act to section 895.02, Florida Statutes, in a |
716 | reference thereto, subsection (3) of section 905.34, Florida |
717 | Statutes, is reenacted to read: |
718 | 905.34 Powers and duties; law applicable.-The jurisdiction |
719 | of a statewide grand jury impaneled under this chapter shall |
720 | extend throughout the state. The subject matter jurisdiction of |
721 | the statewide grand jury shall be limited to the offenses of: |
722 | (3) Any violation of the provisions of the Florida RICO |
723 | (Racketeer Influenced and Corrupt Organization) Act, including |
724 | any offense listed in the definition of racketeering activity in |
725 | s. 895.02(1)(a), providing such listed offense is investigated |
726 | in connection with a violation of s. 895.03 and is charged in a |
727 | separate count of an information or indictment containing a |
728 | count charging a violation of s. 895.03, the prosecution of |
729 | which listed offense may continue independently if the |
730 | prosecution of the violation of s. 895.03 is terminated for any |
731 | reason; or any attempt, solicitation, or conspiracy to commit |
732 | any violation of the crimes specifically enumerated above, when |
733 | any such offense is occurring, or has occurred, in two or more |
734 | judicial circuits as part of a related transaction or when any |
735 | such offense is connected with an organized criminal conspiracy |
736 | affecting two or more judicial circuits. The statewide grand |
737 | jury may return indictments and presentments irrespective of the |
738 | county or judicial circuit where the offense is committed or |
739 | triable. If an indictment is returned, it shall be certified and |
740 | transferred for trial to the county where the offense was |
741 | committed. The powers and duties of, and law applicable to, |
742 | county grand juries shall apply to a statewide grand jury except |
743 | when such powers, duties, and law are inconsistent with the |
744 | provisions of ss. 905.31-905.40. |
745 | Section 15. This act shall take effect upon becoming a |
746 | law. |