HB 3

1
A bill to be entitled
2An act relating to the prohibition of simulated
3gambling devices; creating s. 849.162, F.S.; creating
4the "Simulated Gambling Prohibition and Community
5Protection Act"; providing legislative findings and
6intent; providing definitions; prohibiting the use of
7simulated gambling devices to conduct or promote game
8promotions, drawings, and games of chance; providing
9penalties; providing for construction; amending s.
10849.0935, F.S., relating to drawings by chance offered
11by nonprofit organizations; revising definitions;
12revising conditions for exceptions to prohibitions on
13lotteries; prohibiting the use of simulated gambling
14devices or other devices operated by drawing entrants;
15providing penalties; amending s. 849.094, F.S.;
16revising definitions; providing conditions for
17exceptions to prohibitions on lotteries; prohibiting
18the use of simulated gambling devices or other devices
19operated by game promotion entrants; limiting the
20rulemaking authority of the Department of Agriculture
21and Consumer Services; providing for construction;
22providing penalties; providing that violations are
23deceptive and unfair trade practices; amending s.
24849.15, F.S.; prohibiting production, possession, or
25distribution of any gambling apparatus; amending s.
26849.16, F.S.; providing that described machines or
27devices are subject to gambling provisions; amending
28s. 895.02, F.S.; revising the definition of the term
29"racketeering activity" to include violations of
30specified provisions; providing for construction;
31amending s. 721.111, F.S., relating to promotional
32offers; conforming cross-references; reenacting s.
3316.56(1)(a), 338.234(1), 655.50(3)(g), 849.19,
34896.101(2)(g), and 905.34(3), F.S., relating to the
35Office of Statewide Prosecution, the Florida Turnpike,
36money laundering, seizure of property, the Florida
37Money Laundering Act, and a statewide grand jury,
38respectively, to incorporate changes made by the act
39in references thereto; providing an effective date.
40
41     WHEREAS, the State of Florida has specifically prohibited
42gambling in section 849.08, Florida Statutes, and
43     WHEREAS, section 849.0935, Florida Statutes is intended to
44allow, without violation of the lottery law, specified
45charitable or nonprofit organizations the opportunity to raise
46funds to carry out their charitable or nonprofit purpose by
47conducting an occasional drawing or raffle for prizes upon the
48receipt of voluntary donations or contributions and was not
49intended to provide a vehicle for the establishment of places of
50ongoing gambling or gaming, and
51     WHEREAS, section 849.094, Florida Statutes is intended to
52allow, without violation of the lottery law, for-profit
53commercial enterprises to conduct a game promotion or
54sweepstakes on a limited and occasional basis as a marketing
55tool and incidental to substantial bona fide sales of consumer
56products or services provided they comply with specified
57requirements and rules of the Department of Agriculture and
58Consumer Services and was not intended to provide a vehicle for
59the establishment of places of ongoing gambling or gaming, and
60     WHEREAS, section 849.0935, Florida Statutes and section
61849.094, Florida Statutes regulate such activities and require
62operation in a very specific manner deemed to be beneficial or
63less harmful to the community and were not intended to allow for
64large-scale ongoing operations of gaming or gambling, and
65     WHEREAS, due to the instant gratification provided, the use
66of electronic gambling machines or devices for convenience
67gambling is associated with higher levels and faster development
68of compulsive gambling problems and should be tightly regulated
69if and when permitted, and
70     WHEREAS, the State of Florida has specifically prohibited
71any slot machine or device in section 849.15, Florida Statutes,
72and has specifically defined slot machine or device in section
73849.16, Florida Statutes, and
74     WHEREAS, various companies have developed electronic
75machines and devices to simulate the experience of gambling
76while attempting to avoid Florida's prohibition on slot machines
77and devices through the pretextual conduct of charitable or
78nonprofit drawings by chance or raffles or game promotions in
79connection with merely incidental consumer sales or services,
80such as sale of internet or telephone time, and
81     WHEREAS, operators are offering such simulated gambling at
82ongoing establishments located in local communities and offering
83extended hours and days of operation, attracting convenience
84gamblers and encouraging unplanned repeated convenience
85gambling, and
86     WHEREAS, such simulated gambling encourages the vice of
87compulsive gambling, even when purportedly used as a marketing
88or fundraising technique, by delivering the same instant
89gratification as other forms of electronic gambling, limiting
90the duration of game play to encourage continued play, promoting
91hopes to win large sums of money through electronic game play,
92and allowing players to wager more consideration in the hopes of
93achieving a larger financial award, and
94     WHEREAS, such simulated gambling create the same negative
95secondary effects in the community as other forms of gambling,
96even when purportedly used as a marketing or fundraising
97technique, including claims of compulsive gambling problems by
98players and excessive financial losses reported by players, NOW,
99THEREFORE,
100
101Be It Enacted by the Legislature of the State of Florida:
102
103     Section 1.  Section 849.162, Florida Statutes, is created
104to read:
105     849.162  Simulated gambling devices.-
106     (1)  This section may be cited as the "Simulated Gambling
107Prohibition and Community Protection Act."
108     (2)  The Legislature finds that there is a compelling state
109interest in addressing the deleterious effects of the
110proliferation of electronic machines and devices used for
111simulated gambling or gaming. The Legislature declares that it
112is the intent of this section to prohibit the use of such
113devices.
114     (3)  As used in this section, the term:
115     (a)  "Simulated gambling device" means a mechanically or
116electronically operated machine, network, system, or device that
117is intended to be used by an entrant to a game promotion,
118sweepstakes, drawing, raffle, or any game of chance and that is
119capable of displaying a simulated gambling display on a screen
120or other mechanism.
121     (b)  "Simulated gambling display" means visual or aural
122information capable of being perceived by a user which takes the
123form of actual or simulated gambling or gaming play. The term
124includes, but is not limited to, displays depicting the
125following types of games:
126     1.  Reel games or simulations of reel games, such as slot
127machines, eight liners, or pot-of-gold.
128     2.  Card games or simulations of card games, such as video
129poker.
130     3.  Video games representing a game regulated by Florida
131law, such as bingo, sweepstakes, game promotions, drawings, or
132raffles.
133     4.  Video games representing a game prohibited by Florida
134law, such as craps, keno, and lotteries.
135     5.  Any video game based on or involving the random or
136chance matching of different pictures, words, numbers, or
137symbols.
138     (c)  "Gambling," "gaming," or "game" is not used to
139incorporate any legal definition of the term and does not
140necessitate the presence of elements of consideration, chance,
141or prize.
142     (4)  Notwithstanding any other provision of law, a person
143may not design, promote, or operate a simulated gambling device
144to:
145     (a)  Conduct a game promotion, sweepstakes, drawing,
146raffle, or any game of chance, including the entry process or
147the revealing of a prize or outcome; or
148     (b)  Promote a game promotion, sweepstakes, drawing,
149raffle, or any game of chance that is conducted through the use
150of a simulated gambling display, including the entry process or
151the revealing of a prize or outcome.
152     (5)  A person who violates this section commits a felony of
153the third degree, punishable as provided in s. 775.082, s.
154775.083, or s. 775.084.
155     (6)  A finding that a machine or device is a simulated
156gambling device under this section does not preclude a finding
157that it is also a slot machine or device under s. 849.16.
158     (7)  It is the intent of this section to prohibit any
159mechanism that seeks to avoid application of this section
160through 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
163pursuant to and in accordance with an approved Tribal-State
164Gaming Compact.
165     (b)  Activity that is lawfully conducted pursuant to s.
166849.161.
167     Section 2.  Paragraph (a) of subsection (1), subsection
168(2), and subsection (7) of section 849.0935, Florida Statutes,
169are 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
172chance; required disclosures; unlawful acts and practices;
173penalties.-
174     (1)  As used in this section, the term:
175     (a)  "Drawing by chance," or "drawing," or "raffle" means
176an enterprise in which, from the entries submitted by the public
177to the organization conducting the drawing, one or more entries
178are selected by chance to win a prize. The term "drawing" does
179not include those enterprises, commonly known as "game
180promotions," as defined by s. 849.094, "matching," "instant
181winner," or "preselected sweepstakes," which involve the
182distribution of winning numbers, previously designated as such,
183to the public.
184     (2)  The provisions of s. 849.09 shall not be construed to
185prohibit an organization qualified under 26 U.S.C. s. 501(c)(3),
186(4), (7), (8), (10), or (19) from conducting drawings by chance
187pursuant to the authority granted by this section, provided the
188organization has complied with all applicable provisions of
189chapter 496 and this section.
190     (4)  It is unlawful for any organization which, pursuant to
191the authority granted by this section, promotes, operates, or
192conducts a drawing by chance:
193     (j)  To design, engage in, promote, or conduct any drawing
194using a simulated gambling device, as defined by s. 849.162.
195     (k)  To design, engage in, promote, or conduct any drawing
196through the use of any mechanically or electronically operated
197machine, network, system, or device that is:
198     1.  Owned, leased, or otherwise controlled by the
199organization or a partner, affiliate, subsidiary, contractor, or
200agent of the organization; and
201     2.  Operated, played, or otherwise interacted with by an
202entrant to the drawing.
203     (7)(a)  Any organization which engages in any act or
204practice in violation of this section is guilty of a misdemeanor
205of the second degree, punishable as provided in s. 775.082 or s.
206775.083. However, Any organization or other person who sells or
207offers for sale in this state a ticket or entry blank for a
208raffle or other drawing by chance, without complying with the
209requirements of paragraph (3)(d), commits is guilty of a
210misdemeanor of the second degree, punishable by fine only as
211provided 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
214degree, punishable as provided in s. 775.082 or s. 775.083.
215     (c)  Any organization that engages in any other act or
216practice in violation of this section commits a misdemeanor of
217the second degree, punishable as provided in s. 775.082 or s.
218775.083.
219     Section 3.  Section 849.094, Florida Statutes, is amended
220to read:
221     849.094  Game promotion in connection with sale of consumer
222products or services.-
223     (1)  As used in this section, the term:
224     (a)  "Game promotion" means, but is not limited to, a
225contest, game of chance, sweepstakes, or gift enterprise,
226conducted by an operator within or throughout the state and
227other states in connection with and incidental to the sale of
228consumer products or services, and in which the elements of
229chance and prize are present. However, "game promotion" may
230shall not be construed to apply to bingo games conducted
231pursuant to s. 849.0931.
232     (b)  "Operator" means any person, firm, corporation,
233enterprise, organization, or association or agent or employee
234thereof who promotes, operates, or conducts a game promotion,
235except any charitable nonprofit organization.
236     (2)  The provisions of s. 849.09 may not be construed to
237prohibit an operator from conducting a game promotion pursuant
238to this section, provided the operator has complied with the
239provisions of this section.
240     (3)  An organization, as defined by s. 849.0935, may not
241operate a game promotion.
242     (4)(2)  It is unlawful for any operator:
243     (a)  To design, engage in, promote, or conduct such a game
244promotion through a simulated gambling device, as defined in s.
245849.162.
246     (b)  To design, engage in, promote, or conduct such a game
247promotion through the use of any mechanically or electronically
248operated machine, network, system, or device that is:
249     1.  Owned, leased, or otherwise controlled by the
250organization or the organization's partners, affiliates,
251subsidiaries, contractors, or agents; and
252     2.  Operated, played, or otherwise interacted with by an
253entrant to the game promotion.
254     (c)(a)  To design, engage in, promote, or conduct such a
255game promotion, in connection with the promotion or sale of
256consumer products or services, wherein the winner may be
257predetermined or the game may be manipulated or rigged so as to:
258     1.  Allocate a winning game or any portion thereof to
259certain lessees, agents, or franchises; or
260     2.  Allocate a winning game or part thereof to a particular
261period of the game promotion or to a particular geographic area;
262     (d)(b)  Arbitrarily to remove, disqualify, disallow, or
263reject any entry;
264     (e)(c)  To fail to award prizes offered;
265     (f)(d)  To print, publish, or circulate literature or
266advertising material used in connection with such game
267promotions which is false, deceptive, or misleading; or
268     (g)(e)  To require an entry fee, payment, or proof of
269purchase as a condition of entering a game promotion.
270     (5)(3)  The operator of a game promotion in which the total
271announced value of the prizes offered is greater than $5,000
272shall file with the Department of Agriculture and Consumer
273Services a copy of the rules and regulations of the game
274promotion and a list of all prizes and prize categories offered
275at least 7 days before the commencement of the game promotion.
276Such rules and regulations may not thereafter be changed,
277modified, or altered. The operator of a game promotion shall
278conspicuously post the rules and regulations of such game
279promotion in each and every retail outlet or place where such
280game promotion may be played or participated in by the public
281and shall also publish the rules and regulations in all
282advertising copy used in connection therewith. However, such
283advertising copy need only include the material terms of the
284rules and regulations if the advertising copy includes a website
285address, a toll-free telephone number, or a mailing address
286where the full rules and regulations may be viewed, heard, or
287obtained for the full duration of the game promotion. Such
288disclosures must be legible. Radio and television announcements
289may indicate that the rules and regulations are available at
290retail outlets or from the operator of the promotion. A
291nonrefundable filing fee of $100 shall accompany each filing and
292shall be used to pay the costs incurred in administering and
293enforcing the provisions of this section.
294     (6)(4)(a)  Every operator of such a game promotion in which
295the total announced value of the prizes offered is greater than
296$5,000 shall establish a trust account, in a national or state-
297chartered financial institution, with a balance sufficient to
298pay or purchase the total value of all prizes offered. On a form
299supplied by the Department of Agriculture and Consumer Services,
300an official of the financial institution holding the trust
301account shall set forth the dollar amount of the trust account,
302the identity of the entity or individual establishing the trust
303account, and the name of the game promotion for which the trust
304account has been established. Such form shall be filed with the
305Department of Agriculture and Consumer Services at least 7 days
306in advance of the commencement of the game promotion. In lieu of
307establishing such trust account, the operator may obtain a
308surety bond in an amount equivalent to the total value of all
309prizes offered; and such bond shall be filed with the Department
310of Agriculture and Consumer Services at least 7 days in advance
311of the commencement of the game promotion.
312     1.  The moneys held in the trust account may be withdrawn
313in order to pay the prizes offered only upon certification to
314the Department of Agriculture and Consumer Services of the name
315of the winner or winners and the amount of the prize or prizes
316and the value thereof.
317     2.  If the operator of a game promotion has obtained a
318surety bond in lieu of establishing a trust account, the amount
319of the surety bond shall equal at all times the total amount of
320the prizes offered.
321     (b)  The Department of Agriculture and Consumer Services
322may waive the provisions of this subsection for any operator who
323has conducted game promotions in the state for not less than 5
324consecutive years and who has not had any civil, criminal, or
325administrative action instituted against him or her by the state
326or an agency of the state for violation of this section within
327that 5-year period. Such waiver may be revoked upon the
328commission of a violation of this section by such operator, as
329determined by the Department of Agriculture and Consumer
330Services.
331     (7)(5)  Every operator of a game promotion in which the
332total announced value of the prizes offered is greater than
333$5,000 shall provide the Department of Agriculture and Consumer
334Services with a certified list of the names and addresses of all
335persons, whether from this state or from another state, who have
336won prizes which have a value of more than $25, the value of
337such prizes, and the dates when the prizes were won within 60
338days after such winners have been finally determined. The
339operator shall provide a copy of the list of winners, without
340charge, to any person who requests it. In lieu of the foregoing,
341the operator of a game promotion may, at his or her option,
342publish the same information about the winners in a Florida
343newspaper of general circulation within 60 days after such
344winners have been determined and shall provide to the Department
345of Agriculture and Consumer Services a certified copy of the
346publication containing the information about the winners. The
347operator of a game promotion is not required to notify a winner
348by mail or by telephone when the winner is already in possession
349of a game card from which the winner can determine that he or
350she has won a designated prize. All winning entries shall be
351held by the operator for a period of 90 days after the close or
352completion of the game.
353     (8)(6)  The Department of Agriculture and Consumer Services
354shall keep the certified list of winners for a period of at
355least 6 months after receipt of the certified list. The
356department thereafter may dispose of all records and lists.
357     (9)(7)  No operator shall force, directly or indirectly, a
358lessee, agent, or franchise dealer to purchase or participate in
359any game promotion. For the purpose of this section, coercion or
360force shall be presumed in these circumstances in which a course
361of business extending over a period of 1 year or longer is
362materially changed coincident with a failure or refusal of a
363lessee, agent, or franchise dealer to participate in such game
364promotions. Such force or coercion shall further be presumed
365when an operator advertises generally that game promotions are
366available at its lessee dealers or agent dealers.
367     (10)(8)(a)  The Department of Agriculture and Consumer
368Services shall have the power to promulgate such rules and
369regulations respecting the operation of game promotions as it
370may deem advisable. However, the department may not authorize
371the operation or possession of a slot machine or device or any
372other device that is otherwise prohibited from operation or
373possession in the state and may not authorize game promotions to
374be conducted through the use of any mechanically or
375electronically operated machine, network, system, or device.
376     (b)  Compliance with the rules of the department does not
377authorize and is not a defense to a charge of possession of a
378slot machine or device or any other device or a violation of any
379other law.
380     (c)(b)  Whenever the Department of Agriculture and Consumer
381Services or the Department of Legal Affairs has reason to
382believe that a game promotion is being operated in violation of
383this section, it may bring an action in the circuit court of any
384judicial circuit in which the game promotion is being operated
385in the name and on behalf of the people of the state against any
386operator thereof to enjoin the continued operation of such game
387promotion anywhere within the state.
388     (11)(9)(a)  Any person, firm, or corporation, or
389association or agent or employee thereof, who engages in any
390acts or practices stated in this section to be unlawful, or who
391violates any of the rules and regulations made pursuant to this
392section, commits is guilty of a misdemeanor of the second
393degree, punishable as provided in s. 775.082 or s. 775.083.
394     (b)  Any person, firm, or corporation, or association or
395agent or employee thereof, who violates paragraph (4)(f) or
396paragraph (4)(g) commits a felony of the third degree,
397punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
398     (c)(b)  Any person, firm, corporation, association, agent,
399or employee who violates any provision of this section or any of
400the rules and regulations made pursuant to this section shall be
401liable for a civil penalty of not more than $1,000 for each such
402violation, which shall accrue to the state and may be recovered
403in a civil action brought by the Department of Agriculture and
404Consumer Services or the Department of Legal Affairs.
405     (12)  A violation of this section, or soliciting another to
406do an act which violates this section, is a deceptive and unfair
407trade practice.
408     (13)(10)  This section does not apply to actions or
409transactions regulated by the Department of Business and
410Professional Regulation or to the activities of nonprofit
411organizations or to any other organization engaged in any
412enterprise other than the sale of consumer products or services.
413Subsections (3), (4), (5), (6), and (7), (8), and (9) and
414paragraph (10)(8)(a) and any of the rules made pursuant thereto
415do not apply to television or radio broadcasting companies
416licensed by the Federal Communications Commission.
417     (14)  Nothing in this section shall prohibit a corporation
418or its wholly owned subsidiaries, or a franchisee association or
419cooperative thereof, that is registered under the federal
420Securities Exchange Act of 1934 and has total assets of not less
421than $25 million from conducting a game promotion which can be
422played on an electronic communication device, including, but not
423limited to, a computer or a cellular telephone.
424     Section 4.  Subsection (1) of section 849.15, Florida
425Statutes, is amended to read:
426     849.15  Manufacture, sale, possession, etc., of coin-
427operated devices prohibited.-
428     (1)  It is unlawful:
429     (a)  To manufacture, own, store, keep, possess, sell, rent,
430lease, let on shares, lend or give away, transport, or expose
431for sale or lease, or to offer to sell, rent, lease, let on
432shares, lend or give away, or permit the operation of, or for
433any person to permit to be placed, maintained, or used or kept
434in any room, space, or building owned, leased, or occupied by
435the person or under the person's management or control, any slot
436machine or device or any part thereof, or other gambling
437apparatus or any part thereof that is otherwise prohibited from
438operation or possession in the state; or
439     (b)  To make or to permit to be made with any person any
440agreement with reference to any slot machine or device, pursuant
441to which the user thereof, as a result of any element of chance
442or other outcome unpredictable to him or her, may become
443entitled to receive any money, credit, allowance, or thing of
444value or additional chance or right to use such machine or
445device, or to receive any check, slug, token, or memorandum
446entitling the holder to receive any money, credit, allowance, or
447thing of value.
448     Section 5.  Subsection (1) of section 849.16, Florida
449Statutes, is amended to read:
450     849.16  Machines or devices which come within provisions of
451law defined.-
452     (1)  Any machine or device or system or network of
453computers or other devices is a slot machine or device within
454the provisions of this chapter if it is one that is adapted for
455use in such a way that, as a result of the insertion of any
456piece of money, coin, code, account number, credit, or other
457object or method of activation, such machine, or device, or
458system or network of computers or other devices is caused to
459operate or may be operated, whether directly or as the result of
460indirect remote activation, and if the user, by reason of any
461element of chance or of any other outcome of such operation
462unpredictable by him or her, may:
463     (a)  Receive or become entitled to receive any piece of
464money, credit, allowance, or thing of value, or any check, slug,
465token, or memorandum, whether of value or otherwise, which may
466be exchanged for any money, credit, allowance, or thing of value
467or which may be given in trade; or
468     (b)  Secure additional chances or rights to use such
469machine, apparatus, or device, even though it may, in addition
470to any element of chance or unpredictable outcome of such
471operation, also sell, deliver, or present some merchandise,
472indication of weight, entertainment, or other thing of value.
473     Section 6.  Paragraph (a) of subsection (1) of section
474895.02, Florida Statutes, is amended to read:
475     895.02  Definitions.-As used in ss. 895.01-895.08, the
476term:
477     (1)  "Racketeering activity" means to commit, to attempt to
478commit, to conspire to commit, or to solicit, coerce, or
479intimidate another person to commit:
480     (a)  Any crime that is chargeable by petition, indictment,
481or information under the following provisions of the Florida
482Statutes:
483     1.  Section 210.18, relating to evasion of payment of
484cigarette taxes.
485     2.  Section 316.1935, relating to fleeing or attempting to
486elude a law enforcement officer and aggravated fleeing or
487eluding.
488     3.  Section 403.727(3)(b), relating to environmental
489control.
490     4.  Section 409.920 or s. 409.9201, relating to Medicaid
491fraud.
492     5.  Section 414.39, relating to public assistance fraud.
493     6.  Section 440.105 or s. 440.106, relating to workers'
494compensation.
495     7.  Section 443.071(4), relating to creation of a
496fictitious employer scheme to commit unemployment compensation
497fraud.
498     8.  Section 465.0161, relating to distribution of medicinal
499drugs without a permit as an Internet pharmacy.
500     9.  Section 499.0051, relating to crimes involving
501contraband and adulterated drugs.
502     10.  Part IV of chapter 501, relating to telemarketing.
503     11.  Chapter 517, relating to sale of securities and
504investor protection.
505     12.  Section 550.235 or s. 550.3551, relating to dogracing
506and 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,
510distribution, and use of explosives.
511     16.  Chapter 560, relating to money transmitters, if the
512violation is punishable as a felony.
513     17.  Chapter 562, relating to beverage law enforcement.
514     18.  Section 624.401, relating to transacting insurance
515without a certificate of authority, s. 624.437(4)(c)1., relating
516to operating an unauthorized multiple-employer welfare
517arrangement, or s. 626.902(1)(b), relating to representing or
518aiding an unauthorized insurer.
519     19.  Section 655.50, relating to reports of currency
520transactions, when such violation is punishable as a felony.
521     20.  Chapter 687, relating to interest and usurious
522practices.
523     21.  Section 721.08, s. 721.09, or s. 721.13, relating to
524real estate timeshare plans.
525     22.  Section 775.13(5)(b), relating to registration of
526persons found to have committed any offense for the purpose of
527benefiting, promoting, or furthering the interests of a criminal
528gang.
529     23.  Section 777.03, relating to commission of crimes by
530accessories 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
534trafficking.
535     27.  Chapter 790, relating to weapons and firearms.
536     28.  Chapter 794, relating to sexual battery, but only if
537such crime was committed with the intent to benefit, promote, or
538further the interests of a criminal gang, or for the purpose of
539increasing a criminal gang member's own standing or position
540within a criminal gang.
541     29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
542796.05, or s. 796.07, relating to prostitution and sex
543trafficking.
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
547crimes.
548     33.  Chapter 815, relating to computer-related crimes.
549     34.  Chapter 817, relating to fraudulent practices, false
550pretenses, fraud generally, and credit card crimes.
551     35.  Chapter 825, relating to abuse, neglect, or
552exploitation of an elderly person or disabled adult.
553     36.  Section 827.071, relating to commercial sexual
554exploitation of children.
555     37.  Chapter 831, relating to forgery and counterfeiting.
556     38.  Chapter 832, relating to issuance of worthless checks
557and 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
561office.
562     42.  Chapter 843, relating to obstruction of justice.
563     43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
564s. 847.07, relating to obscene literature and profanity.
565     44.  Section 849.09, s. 849.14, s. 849.15, s. 849.162, s.
566849.23, 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
569control.
570     47.  Chapter 896, relating to offenses related to financial
571transactions.
572     48.  Sections 914.22 and 914.23, relating to tampering with
573or harassing a witness, victim, or informant, and retaliation
574against a witness, victim, or informant.
575     49.  Sections 918.12 and 918.13, relating to tampering with
576jurors and evidence.
577     Section 7.  Nothing in this act may be construed to
578authorize the possession or operation of any machine or device
579that is prohibited under any other provision of law.
580     Section 8.  Subsection (2) of section 721.111, Florida
581Statutes, is amended to read:
582     721.111  Prize and gift promotional offers.-
583     (2)  A game promotion, such as a contest of chance, gift
584enterprise, or sweepstakes, in which the elements of chance and
585prize are present may not be used in connection with the
586offering or sale of timeshare interests, except for drawings, as
587that term is defined in s. 849.0935(1)(a), in which no more than
58826 prizes are promoted and in which all promoted prizes are
589actually awarded. All such drawings must meet all requirements
590of 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
593made by this act to section 895.02, Florida Statutes, in a
594reference thereto, paragraph (a) of subsection (1) of section
59516.56, 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
598Office of Statewide Prosecution. The office shall be a separate
599"budget entity" as that term is defined in chapter 216. The
600office may:
601     (a)  Investigate and prosecute the offenses of:
602     1.  Bribery, burglary, criminal usury, extortion, gambling,
603kidnapping, larceny, murder, prostitution, perjury, robbery,
604carjacking, 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
608any offense listed in the definition of racketeering activity in
609s. 895.02(1)(a), providing such listed offense is investigated
610in connection with a violation of s. 895.03 and is charged in a
611separate count of an information or indictment containing a
612count charging a violation of s. 895.03, the prosecution of
613which listed offense may continue independently if the
614prosecution of the violation of s. 895.03 is terminated for any
615reason;
616     4.  Any violation of the provisions of the Florida Anti-
617Fencing Act;
618     5.  Any violation of the provisions of the Florida
619Antitrust Act of 1980, as amended;
620     6.  Any crime involving, or resulting in, fraud or deceit
621upon any person;
622     7.  Any violation of s. 847.0135, relating to computer
623pornography and child exploitation prevention, or any offense
624related to a violation of s. 847.0135 or any violation of
625chapter 827 where the crime is facilitated by or connected to
626the use of the Internet or any device capable of electronic data
627storage 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
631Fuel 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
634candidate or issue petition activities;
635     13.  Any criminal violation of the Florida Money Laundering
636Act; or
637     14.  Any criminal violation of the Florida Securities and
638Investor Protection Act; or any attempt, solicitation, or
639conspiracy to commit any of the crimes specifically enumerated
640above. The office shall have such power only when any such
641offense is occurring, or has occurred, in two or more judicial
642circuits as part of a related transaction, or when any such
643offense is connected with an organized criminal conspiracy
644affecting two or more judicial circuits. Informations or
645indictments charging such offenses shall contain general
646allegations stating the judicial circuits and counties in which
647crimes are alleged to have occurred or the judicial circuits and
648counties in which crimes affecting such circuits or counties are
649alleged to have been connected with an organized criminal
650conspiracy.
651     Section 10.  For the purpose of incorporating the amendment
652made by this act to section 849.16, Florida Statutes, in a
653reference thereto, subsection (1) of section 338.234, Florida
654Statutes, is reenacted to read:
655     338.234  Granting concessions or selling along the turnpike
656system; immunity from taxation.-
657     (1)  The department may enter into contracts or licenses
658with any person for the sale of services or products or business
659opportunities on the turnpike system, or the turnpike enterprise
660may sell services, products, or business opportunities on the
661turnpike system, which benefit the traveling public or provide
662additional revenue to the turnpike system. Services, business
663opportunities, and products authorized to be sold include, but
664are not limited to, motor fuel, vehicle towing, and vehicle
665maintenance services; food with attendant nonalcoholic
666beverages; lodging, meeting rooms, and other business services
667opportunities; advertising and other promotional opportunities,
668which advertising and promotions must be consistent with the
669dignity and integrity of the state; state lottery tickets sold
670by authorized retailers; games and amusements that operate by
671the application of skill, not including games of chance as
672defined in s. 849.16 or other illegal gambling games; Florida
673citrus, goods promoting the state, or handmade goods produced
674within the state; and travel information, tickets, reservations,
675or other related services. However, the department, pursuant to
676the grants of authority to the turnpike enterprise under this
677section, shall not exercise the power of eminent domain solely
678for the purpose of acquiring real property in order to provide
679business services or opportunities, such as lodging and meeting-
680room space on the turnpike system.
681     Section 11.  For the purpose of incorporating the amendment
682made by this act to section 895.02, Florida Statutes, in a
683reference thereto, paragraph (g) of subsection (3) of section
684655.50, Florida Statutes, is reenacted to read:
685     655.50  Florida Control of Money Laundering in Financial
686Institutions Act; reports of transactions involving currency or
687monetary instruments; when required; purpose; definitions;
688penalties.-
689     (3)  As used in this section, the term:
690     (g)  "Specified unlawful activity" means any "racketeering
691activity" as defined in s. 895.02.
692     Section 12.  For the purpose of incorporating the amendment
693made by this act to section 849.16, Florida Statutes, in a
694reference thereto, section 849.19, Florida Statutes, is
695reenacted to read:
696     849.19  Property rights in confiscated machine.-The right
697of property in and to any machine, apparatus or device as
698defined in s. 849.16 and to all money and other things of value
699therein, is declared not to exist in any person, and the same
700shall be forfeited and such money or other things of value shall
701be forfeited to the county in which the seizure was made and
702shall be delivered forthwith to the clerk of the circuit court
703and shall by her or him be placed in the fine and forfeiture
704fund of said county.
705     Section 13.  For the purpose of incorporating the amendment
706made by this act to section 895.02, Florida Statutes, in a
707reference thereto, paragraph (g) of subsection (2) of section
708896.101, Florida Statutes, is reenacted to read:
709     896.101  Florida Money Laundering Act; definitions;
710penalties; injunctions; seizure warrants; immunity.-
711     (2)  As used in this section, the term:
712     (g)  "Specified unlawful activity" means any "racketeering
713activity" as defined in s. 895.02.
714     Section 14.  For the purpose of incorporating the amendment
715made by this act to section 895.02, Florida Statutes, in a
716reference thereto, subsection (3) of section 905.34, Florida
717Statutes, is reenacted to read:
718     905.34  Powers and duties; law applicable.-The jurisdiction
719of a statewide grand jury impaneled under this chapter shall
720extend throughout the state. The subject matter jurisdiction of
721the 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
724any offense listed in the definition of racketeering activity in
725s. 895.02(1)(a), providing such listed offense is investigated
726in connection with a violation of s. 895.03 and is charged in a
727separate count of an information or indictment containing a
728count charging a violation of s. 895.03, the prosecution of
729which listed offense may continue independently if the
730prosecution of the violation of s. 895.03 is terminated for any
731reason; or any attempt, solicitation, or conspiracy to commit
732any violation of the crimes specifically enumerated above, when
733any such offense is occurring, or has occurred, in two or more
734judicial circuits as part of a related transaction or when any
735such offense is connected with an organized criminal conspiracy
736affecting two or more judicial circuits. The statewide grand
737jury may return indictments and presentments irrespective of the
738county or judicial circuit where the offense is committed or
739triable. If an indictment is returned, it shall be certified and
740transferred for trial to the county where the offense was
741committed. The powers and duties of, and law applicable to,
742county grand juries shall apply to a statewide grand jury except
743when such powers, duties, and law are inconsistent with the
744provisions of ss. 905.31-905.40.
745     Section 15.  This act shall take effect upon becoming a
746law.


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