Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 7076
       
       
       
       
       
       
                                Ì309496TÎ309496                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2021           .                                
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       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  16.56, Florida Statutes, is amended to read:
    7         16.56 Office of Statewide Prosecution.—
    8         (1) There is created in the Department of Legal Affairs an
    9  Office of Statewide Prosecution. The office shall be a separate
   10  “budget entity” as that term is defined in chapter 216. The
   11  office may:
   12         (a) Investigate and prosecute the offenses of:
   13         1. Bribery, burglary, criminal usury, extortion, gambling,
   14  kidnapping, larceny, murder, prostitution, perjury, robbery,
   15  carjacking, home-invasion robbery, and patient brokering;
   16         2. Any crime involving narcotic or other dangerous drugs;
   17         3. Any violation of the Florida RICO (Racketeer Influenced
   18  and Corrupt Organization) Act, including any offense listed in
   19  the definition of racketeering activity in s. 895.02(8)(a),
   20  providing such listed offense is investigated in connection with
   21  a violation of s. 895.03 and is charged in a separate count of
   22  an information or indictment containing a count charging a
   23  violation of s. 895.03, the prosecution of which listed offense
   24  may continue independently if the prosecution of the violation
   25  of s. 895.03 is terminated for any reason;
   26         4. Any violation of the Florida Anti-Fencing Act;
   27         5. Any violation of the Florida Antitrust Act of 1980, as
   28  amended;
   29         6. Any crime involving, or resulting in, fraud or deceit
   30  upon any person;
   31         7. Any violation of s. 847.0135, relating to computer
   32  pornography and child exploitation prevention, or any offense
   33  related to a violation of s. 847.0135 or any violation of
   34  chapter 827 where the crime is facilitated by or connected to
   35  the use of the Internet or any device capable of electronic data
   36  storage or transmission;
   37         8. Any violation of chapter 815;
   38         9. Any criminal violation of part I of chapter 499;
   39         10. Any violation of the Florida Motor Fuel Tax Relief Act
   40  of 2004;
   41         11. Any criminal violation of s. 409.920 or s. 409.9201;
   42         12. Any crime involving voter registration, voting, or
   43  candidate or issue petition activities;
   44         13. Any criminal violation of the Florida Money Laundering
   45  Act;
   46         14. Any criminal violation of the Florida Securities and
   47  Investor Protection Act; or
   48         15. Any violation of chapter 787, as well as any and all
   49  offenses related to a violation of chapter 787; or
   50         16.Any violation of chapter 24, chapter 285, chapter 546,
   51  chapter 550, chapter 551, or chapter 849, including violations
   52  referred by the Department of Agriculture and Consumer Services,
   53  the Department of Business and Professional Regulation, the
   54  Department of the Lottery, the Florida Gaming Control
   55  Commission, or the Seminole Tribe of Florida;
   56  
   57  or any attempt, solicitation, or conspiracy to commit any of the
   58  crimes specifically enumerated above. The office shall have such
   59  power only when any such offense is occurring, or has occurred,
   60  in two or more judicial circuits as part of a related
   61  transaction, or when any such offense is connected with an
   62  organized criminal conspiracy affecting two or more judicial
   63  circuits. Informations or indictments charging such offenses
   64  shall contain general allegations stating the judicial circuits
   65  and counties in which crimes are alleged to have occurred or the
   66  judicial circuits and counties in which crimes affecting such
   67  circuits or counties are alleged to have been connected with an
   68  organized criminal conspiracy.
   69         Section 2. Section 16.71, Florida Statutes, is created to
   70  read:
   71         16.71Florida Gaming Control Commission.—
   72         (1)(a)There is created within the Department of Legal
   73  Affairs, Office of the Attorney General, a Florida Gaming
   74  Control Commission, hereinafter referred to as the commission.
   75  The commission shall be a separate budget entity and the agency
   76  head for all purposes. The Florida Gaming Control Commission is
   77  a criminal justice agency as defined in s. 119.011.
   78         (b)The commission is not subject to control, supervision,
   79  or direction by the Department of Legal Affairs or the Attorney
   80  General in the performance of its duties, including, but not
   81  limited to, personnel, purchasing transactions involving real or
   82  personal property, and budgetary matters.
   83         (2)(a)The commission shall consist of five members
   84  appointed by the Governor, and subject to confirmation by the
   85  Senate, for terms of 4 years. Members of the commission must be
   86  appointed by January 1, 2022.
   87         1.For the purpose of providing staggered terms, of the
   88  initial appointments, 2 members shall be appointed to 4-year
   89  terms, 2 members shall be appointed to 3-year terms, and 1
   90  member shall be appointed to a 2-year term.
   91         2.Of the five members at least one member must have at
   92  least 10 years of experience in law enforcement and criminal
   93  investigations, at least one member must be a certified public
   94  accountant licensed in this state with at least 10 years of
   95  experience in accounting and auditing, and at least one member
   96  must be an attorney admitted and authorized to practice law in
   97  this state for the preceding 10 years.
   98         3.Of the five members, each appellate district shall have
   99  one member appointed from the district to the commission who is
  100  a resident of the district at the time of the original
  101  appointment.
  102         4.A person may not be appointed by the Governor to the
  103  commission until after a background investigation of the person
  104  is conducted by the Department of Law Enforcement and the
  105  investigation is forwarded to the Governor.
  106         5.A person who holds any office in a political party, who
  107  has been convicted of a felony, or who has been convicted of a
  108  misdemeanor related to gambling within the previous 10 years may
  109  not apply to the Governor for appointment.
  110         6.The Governor may not solicit or request any nominations,
  111  recommendations or communications about potential candidates for
  112  appointment to the commission from:
  113         a.Any person that holds a permit or license issued under
  114  chapter 550, or a license issued under chapter 551 or chapter
  115  849; an officer, official, or employee of such permitholder or
  116  licensee; or an ultimate equitable owner, as defined in s.
  117  550.002(37), of such permitholder or licensee;
  118         b.Any officer, official, employee, or other person with
  119  duties or responsibilities relating to a gaming operation owned
  120  by an Indian tribe that has a valid and active compact with the
  121  state; be a contractor or subcontractor of such tribe or an
  122  entity employed, licensed, or contracted by such tribe; or be an
  123  ultimate equitable owner, as defined in s. 550.002(37), of such
  124  entity; or
  125         c.Any registered lobbyist for the executive or legislative
  126  branch that represents any person or entity identified in sub
  127  subparagraph a. and sub-subparagraph b.
  128         (b)1.The Governor may remove a member for cause,
  129  including, but not limited to, circumstances in which the member
  130  commits gross misconduct or malfeasance in office, substantially
  131  neglects or is unable to discharge their duties as a member, or
  132  is convicted of or found guilty of or has plead nolo contendere
  133  to, regardless of adjudication, in any jurisdiction, a felony or
  134  misdemeanor that directly relates to gambling, dishonesty,
  135  theft, or fraud.
  136         2.The Governor may remove a member without cause subject
  137  to approval by a majority of the Senate. Upon the resignation or
  138  removal from office of a member, the Governor shall appoint a
  139  successor pursuant to paragraph (a) who, subject to confirmation
  140  by the Senate, shall serve the remainder of the unfinished term.
  141         (c)A commissioner shall serve until a successor is
  142  appointed, but commissioners may not serve more than 12 years.
  143  Vacancies shall be filled for the unexpired portion of the term.
  144  The salary of each commissioner is equal to that paid under
  145  state law to a commissioner on the Florida Public Service
  146  Commission. The commission shall elect a chair and a vice chair.
  147         (d)To aid the commission in its duties, the commission
  148  must appoint a person who is not a member of the commission to
  149  serve as the executive director of the commission. The executive
  150  director shall supervise, direct, coordinate, and administer all
  151  activities necessary to fulfill the commission’s
  152  responsibilities. The commission must appoint the executive
  153  director by July 1, 2022. The executive director, with the
  154  consent of the commission, shall employ such staff as are
  155  necessary to adequately perform the functions of the commission,
  156  within budgetary limitations. All employees, except the
  157  executive director and attorneys, are subject to part II of
  158  chapter 110. The executive director shall serve at the pleasure
  159  of the commission and be subject to part III of chapter 110.
  160  Attorneys employed by the commission shall be subject to part V
  161  of chapter 110. The executive director shall maintain
  162  headquarters in and reside in Leon County. The salary of the
  163  executive director is equal to that paid under state law to a
  164  commissioner on the Florida Public Service Commission.
  165         (e)1.A person may not, for the 2 years immediately
  166  preceding the date of appointment to or employment with the
  167  commission and while appointed to or employed with the
  168  commission:
  169         a.Hold a permit or license issued under chapter 550, or a
  170  license issued under chapter 551 or chapter 849; be an officer,
  171  official, or employee of such permitholder or licensee; or be an
  172  ultimate equitable owner, as defined in s. 550.002(37), of such
  173  permitholder or licensee;
  174         b.Be an officer, official, employee, or other person with
  175  duties or responsibilities relating to a gaming operation owned
  176  by an Indian tribe that has a valid and active compact with the
  177  state; be a contractor or subcontractor of such tribe or an
  178  entity employed, licensed, or contracted by such tribe; or be an
  179  ultimate equitable owner, as defined in s. 550.002(37), of such
  180  entity; or
  181         c.Be a registered lobbyist for the executive or
  182  legislative branch, except while a commissioner when officially
  183  representing the commission.
  184         2.A person is ineligible for appointment to or employment
  185  with the commission if, within the 2 years immediately preceding
  186  such appointment or employment, they violated subparagraph 1. or
  187  solicited or accepted employment with, acquired any direct or
  188  indirect interest in, or had any direct or indirect business
  189  association, partnership, or financial relationship with, or is
  190  a relative of, any person or entity who is an applicant,
  191  licensee, or registrant with the Division of Pari-mutuel
  192  Wagering or the commission.
  193  
  194  For the purposes of this paragraph, the term “relative” means a
  195  spouse, father, mother, son, daughter, grandfather, grandmother,
  196  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  197  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  198  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  199  stepbrother, stepsister, half-brother, or half-sister.
  200         (f)A commissioner may not, for the 2 years immediately
  201  following the date of resignation or termination from the
  202  commission:
  203         1.Appear before the commission representing any client or
  204  any industry regulated by the commission;
  205         2.Accept employment by or compensation from a business
  206  entity which, directly or indirectly, owns or controls a person
  207  regulated by the commission, from a person regulated by the
  208  commission, from a business entity which, directly or
  209  indirectly, is an affiliate or subsidiary of a person regulated
  210  by the commission, or from a business entity or trade
  211  association that has been a party to a commission proceeding
  212  within the 2 years preceding the member’s resignation or
  213  termination of service on the commission; or
  214         3.Lobby the Governor or any agency of the state, members
  215  or employees of the Legislature, or any county or municipal
  216  government or governmental agency.
  217         (g)A person employed by the commission may not, for the 2
  218  years immediately following the date of termination or
  219  resignation from employment with the commission:
  220         1.Appear before the commission representing any client
  221  regulated by the commission on any matter which was pending at
  222  the time of termination or resignation and in which such former
  223  employee had participated; or
  224         2.Lobby the Governor or any agency of the state, members
  225  or employees of the Legislature, or any county or municipal
  226  government or governmental agency.
  227         (h)Any person violating paragraph (f) or paragraph (g)
  228  shall be subject to the penalties for violations of standards of
  229  conduct for public officers, employees of agencies, and local
  230  government attorneys provided in s. 112.317 and a civil penalty
  231  of an amount equal to the compensation which the person receives
  232  for the prohibited conduct.
  233         (i)A person is ineligible for appointment to the
  234  commission if he or she has:
  235         1.Been convicted of or found guilty of or pled nolo
  236  contendere to, regardless of adjudication, in any jurisdiction,
  237  a felony or misdemeanor that directly relates to gambling,
  238  dishonesty, theft, or fraud within the 10 years immediately
  239  preceding such appointment;
  240         2.Been convicted of or found guilty of or pled nolo
  241  contendere to, regardless of adjudication, in any jurisdiction,
  242  a crime listed s. 775.21(4)(a)1. or s. 776.08; or
  243         3.Had a license or permit issued under chapter 550,
  244  chapter 551, or chapter 849 or a gaming license issued by any
  245  other jurisdiction denied, suspended, or revoked.
  246         (j)1.A person is ineligible for employment with the
  247  commission if he or she has been convicted of a felony within 5
  248  years of the date of application; convicted of a misdemeanor
  249  within 5 years of the date of application which the commission
  250  determines bears a close relationship to the duties and
  251  responsibilities of the position for which employment is sought;
  252  or dismissed from prior employment for gross misconduct or
  253  incompetence or intentionally making a false statement
  254  concerning a material fact in connection with the application
  255  for employment to the commission.
  256         2.If an employee of the commission is charged with a
  257  felony while employed by the commission, the commission shall
  258  suspend the employee, with or without pay, and terminate
  259  employment with the commission upon conviction. If an employee
  260  of the commission is charged with a misdemeanor while employed
  261  by the commission, the commission shall suspend the employee,
  262  with or without pay, and may terminate employment with the
  263  commission upon conviction if the commission determines that the
  264  offense bears a close relationship to the duties and
  265  responsibilities of the position held with the commission.
  266         (k)A commissioner or an employee of the commission must
  267  notify the commission within 3 calendar days of arrest for any
  268  offense.
  269         (l)A commissioner or an employee must immediately provide
  270  detailed written notice of the circumstances to the commission
  271  if the member or employee is indicted, charged with, convicted
  272  of, pleads guilty or nolo contendere to, or forfeits bail for:
  273         1.A misdemeanor involving gambling, dishonesty, theft, or
  274  fraud;
  275         2.A violation of any law in any state, or a law of the
  276  United States or any other jurisdiction, involving gambling,
  277  dishonesty, theft, or fraud which substantially corresponds to a
  278  misdemeanor in this state; or
  279         3.A felony under the laws of this or any other state, the
  280  United States, or any other jurisdiction.
  281         (m)1.All employees authorized by the commission shall have
  282  access to, and shall have the right to inspect, premises
  283  licensed by the Department of Business and Professional
  284  Regulation, to collect taxes and remit them to the officer
  285  entitled to them, and to examine the books and records of all
  286  persons subject to chapter 24, chapter 285, chapter 546, chapter
  287  550, chapter 551, or chapter 849. The authorized employees shall
  288  require of each such person strict compliance with the laws of
  289  this state relating to the license or permit of the licensee.
  290         2.Each employee serving as a law enforcement officer for
  291  the commission must meet the qualifications for employment or
  292  appointment as a law enforcement officer set forth under s.
  293  943.13 and must be certified as a law enforcement officer by the
  294  Department of Law Enforcement under chapter 943. Upon
  295  certification, each law enforcement officer is subject to and
  296  has the same authority as provided for law enforcement officers
  297  generally in chapter 901 and has statewide jurisdiction. Each
  298  officer also has arrest authority as provided for state law
  299  enforcement officers in s. 901.15. Each officer possesses the
  300  full law enforcement powers granted to other peace officers of
  301  this state, including the authority to make arrests, carry
  302  firearms, serve court process, and seize contraband and the
  303  proceeds of illegal activities.
  304         a.The primary responsibility of each officer appointed
  305  under this paragraph is to investigate, enforce, and prosecute,
  306  throughout the state, violations and violators of chapter 24,
  307  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  308  849, and the rules adopted thereunder, as well as other state
  309  laws that the commission or all state law enforcement officers
  310  are specifically authorized to enforce.
  311         b.The secondary responsibility of each officer appointed
  312  under this paragraph is to enforce all other state laws,
  313  provided that the enforcement is incidental to exercising the
  314  officer’s primary responsibility and the officer exercises the
  315  powers of a deputy sheriff, only after consultation or
  316  coordination with the appropriate local sheriff’s office or
  317  municipal police department or when the commission participates
  318  in the Florida Mutual Aid Plan during a declared state
  319  emergency.
  320         (3)(a)The commission and its law enforcement officers are
  321  specifically authorized to seize any contraband in accordance
  322  with the Florida Contraband Forfeiture Act. For purposes of this
  323  section, the term “contraband” has the same meaning as the term
  324  “contraband article” in s. 932.701(2)(a)2.
  325         (b)The commission is specifically authorized to store and
  326  test any contraband that is seized in accordance with the
  327  Florida Contraband Forfeiture Act and may authorize any of its
  328  staff to implement this provision.
  329         (c)The commission may adopt rules to implement this
  330  provision.
  331         (d)This subsection does not limit the authority of any
  332  other person authorized by law to seize contraband.
  333         (4)The commission shall convene at the call of its chair
  334  or at the request of a majority of the members of the
  335  commission. The presence of three members is required to
  336  constitute a quorum, and the affirmative vote of the majority of
  337  the members present is required for any action or recommendation
  338  by the commission. The commission may meet in any city or county
  339  of the state. The commission shall do all of the following:
  340         (a)Exercise all of the regulatory and executive powers of
  341  the state with respect to gambling, including, without
  342  limitation thereto, pari-mutuel wagering, cardrooms, slot
  343  machine facilities, oversight of gaming compacts executed by the
  344  state pursuant to the Federal Indian Gaming Regulatory Act, and
  345  any other forms of gambling authorized by the State Constitution
  346  or law, excluding games authorized by s. 15, Art. X of the State
  347  Constitution.
  348         (b)Establish procedures consistent with chapter 120 to
  349  ensure adequate due process in the exercise of its regulatory
  350  and executive functions.
  351         (c)Ensure that the laws of this state are not interpreted
  352  in any manner that expands the activities authorized in chapter
  353  24, chapter 285, chapter 546, chapter 550, chapter 551, or
  354  chapter 849.
  355         (d)Review any matter within the scope of the jurisdiction
  356  of the Division of Pari-mutuel Wagering.
  357         (e)Review the regulation of licensees, permitholders, or
  358  persons regulated by the Division of Pari-mutuel Wagering and
  359  the procedures used by the division to implement and enforce the
  360  law.
  361         (f)Review the procedures of the Division of Pari-mutuel
  362  Wagering which are used to qualify applicants applying for a
  363  license, permit, or registration.
  364         (g)Refer criminal violations of chapter 24, chapter 285,
  365  chapter 546, chapter 550, chapter 551, or chapter 849 to the
  366  appropriate state attorney or to the Office of Statewide
  367  Prosecution, as applicable.
  368         (h)Exercise all other powers and perform any other duties
  369  prescribed by the Legislature.
  370         (i)The commission may adopt rules to implement this
  371  section.
  372  
  373  The commission may subpoena witnesses and compel their
  374  attendance and testimony, administer oaths and affirmations,
  375  take evidence, and require by subpoena the production of any
  376  books, papers, records, or other items relevant to the
  377  performance of the duties of the commission or to the exercise
  378  of its powers.
  379         (5)Hearings shall be held before the commission, except
  380  that the chair may direct that any hearing be held before one
  381  member of the commission or a panel of less than the full
  382  commission. The commission shall adopt rules to provide for the
  383  filing of a report when hearings are held by a single
  384  commissioner or a panel, which rules shall prescribe the time
  385  for filing the report and the contents of the report. The chair
  386  may schedule hearings to determine whether enforcement of the
  387  gaming laws of this state is sufficient to protect residents
  388  from abuse and misinterpretation of the law or create expansion
  389  of gaming or gambling in this state.
  390         (6)The commission may submit written recommendations to
  391  enhance the enforcement of gaming laws of the state to the
  392  Governor, the President of the Senate, and the Speaker of the
  393  House of Representatives.
  394         (7)The commission shall make an annual report to the
  395  Governor, the President of the Senate, and the Speaker of the
  396  House of Representatives. The report shall, at a minimum,
  397  include all of the following:
  398         (a)Recent events in the gaming industry, including pending
  399  litigation, pending facility license applications, and new and
  400  pending rules.
  401         (b)Actions of the commission relative to the
  402  implementation and administration of this section.
  403         (c)The state revenues and expenses associated with each
  404  form of authorized gaming. Revenues and expenses associated with
  405  pari-mutuel wagering shall be further delineated by the class of
  406  license.
  407         (d)The performance of each pari-mutuel wagering licensee,
  408  cardroom licensee, and slot licensee.
  409         (e)A summary of disciplinary actions taken by the
  410  commission.
  411         (f) The receipts and disbursements of the commission.
  412         (g)A summary of actions taken and investigations conducted
  413  by the commission.
  414         (h)Any additional information and recommendations that the
  415  commission considers useful or that the Governor, the President
  416  of the Senate, or the Speaker of the House of Representatives
  417  requests.
  418         (8)The commission’s exercise of executive powers in the
  419  area of planning, budgeting, personnel management, and
  420  purchasing shall be as provided by law.
  421         (9)The commission shall develop a budget request pursuant
  422  to chapter 216 annually. The budget is not subject to change by
  423  the Department of Legal Affairs or the Attorney General, but it
  424  shall be submitted by the Department of Legal Affairs to the
  425  Governor for transmittal to the Legislature.
  426         (10)The commission is authorized to contract or consult
  427  with appropriate agencies of state government for such
  428  professional assistance as may be needed in the discharge of its
  429  duties.
  430         (11)All rules adopted pursuant to chapters 24, 285, 546,
  431  550, 551, and 849 prior to the effective date of this act are
  432  preserved and remain in full force and effect.
  433         (12)The commission shall exercise all of its regulatory
  434  and executive powers and shall apply, construe, and interpret
  435  all laws and administrative rules in a manner consistent with
  436  the gaming compact ratified, approved, and described in s.
  437  285.710(3).
  438         (13)The commission shall confirm, prior to the issuance of
  439  an operating license, annually that each permitholder has
  440  submitted proof with their annual application for a license, in
  441  such a form as the commission may require; that the permitholder
  442  continues to possess the qualifications prescribed by chapter
  443  550; and that the permit has not been disapproved by voters in
  444  an election.
  445         Section 3. Section 16.712, Florida Statutes, is created to
  446  read:
  447         16.712Florida Gaming Control Commission background
  448  screening provisions.—
  449         (1)Prior to serving as a commissioner on the Florida
  450  Gaming Control Commission or becoming an employee of the
  451  commission, a person must have his or her fingerprints taken by
  452  a vendor approved by the Department of Law Enforcement. The set
  453  of fingerprints must be electronically sent to the Department of
  454  Law Enforcement for state processing, and the Department of Law
  455  Enforcement must forward the fingerprints to the Federal Bureau
  456  of Investigation for national processing. Persons who are
  457  foreign nationals must submit such documents as necessary to
  458  allow the commission to conduct criminal history records checks
  459  in the person’s home country.
  460         (2)All fingerprints submitted to the Department of Law
  461  Enforcement as required under subsection (1) must be retained by
  462  the Department of Law Enforcement as provided under s.
  463  943.05(2)(g) and (h) and (3) and enrolled in the national
  464  retained print arrest notification program at the Federal Bureau
  465  of Investigation when the Department of Law Enforcement begins
  466  participation in the program. The commission must notify the
  467  Department of Law Enforcement when any person whose fingerprints
  468  have been retained is no longer a commissioner or employee of
  469  the commission.
  470         (3)The costs of fingerprint processing, including the cost
  471  for retaining fingerprints, shall be borne by the commission.
  472         Section 4. Section 16.715, Florida Statutes, is created to
  473  read:
  474         16.715Florida Gaming Control Commission standards of
  475  conduct; ex parte communications.—
  476         (1)STANDARDS OF CONDUCT.—
  477         (a)In addition to the provisions of part III of chapter
  478  112, which are applicable to commissioners on and employees with
  479  the Florida Gaming Control Commission by virtue of their being
  480  public officers and public employees, the conduct of
  481  commissioners and employees shall be governed by the standards
  482  of conduct provided in this subsection. Nothing shall prohibit
  483  the standards of conduct from being more restrictive than part
  484  III of chapter 112. Further, this subsection may not be
  485  construed to contravene the restrictions of part III of chapter
  486  112. In the event of a conflict between this subsection and part
  487  III of chapter 112, the more restrictive provision shall apply.
  488         (b)1.A commissioner or employee of the commission may not
  489  accept anything from any business entity which, either directly
  490  or indirectly, owns or controls any person regulated by the
  491  commission or from any business entity which, either directly or
  492  indirectly, is an affiliate or subsidiary of any person
  493  regulated by the commission.
  494         2.A commissioner or an employee may attend conferences,
  495  along with associated meals and events that are generally
  496  available to all conference participants without payment of any
  497  fees in addition to the conference fee. Additionally, while
  498  attending a conference, a commissioner or an employee may attend
  499  meetings, meals, or events that are not sponsored, in whole or
  500  in part, by any representative of any person regulated by the
  501  commission and that are limited to commissioners or employees
  502  only, committee members, or speakers if the commissioner or
  503  employee is a member of a committee of the association of
  504  regulatory agencies that organized the conference or is a
  505  speaker at the conference. It is not a violation of this
  506  subparagraph for a commissioner or an employee to attend a
  507  conference for which conference participants who are employed by
  508  a person regulated by the commission have paid a higher
  509  conference registration fee than the commissioner or employee,
  510  or to attend a meal or event that is generally available to all
  511  conference participants without payment of any fees in addition
  512  to the conference fee and that is sponsored, in whole or in
  513  part, by a person regulated by the commission.
  514         3.If, during the course of an investigation by the
  515  Commission on Ethics into an alleged violation of this
  516  subparagraph, allegations are made as to the identity of the
  517  person giving or providing the prohibited gift, that person must
  518  be given notice and an opportunity to participate in the
  519  investigation and relevant proceedings to present a defense.
  520         4.If the Commission on Ethics determines that the person
  521  gave or provided a prohibited gift, the person may not appear
  522  before the commission or otherwise represent anyone before the
  523  commission for a period of 2 years.
  524         5.While employed, and for 2 years after service as a
  525  commissioner or for 2 years after employment with the
  526  commission, a commissioner or an employee may not accept any
  527  form of employment with or engage in any business activity with
  528  any business entity which, either directly or indirectly, owns
  529  or controls any person regulated by the commission; any person
  530  regulated by the commission; or any business entity which,
  531  either directly or indirectly, is an affiliate or subsidiary of
  532  any person regulated by the commission.
  533         6.While employed, and for 2 years after service as a
  534  commissioner or for 2 years after employment with the
  535  commission, a commissioner, an employee, or a relative living in
  536  the same household as a commissioner or an employee may not have
  537  any financial interest, other than shares in a mutual fund, in
  538  any person regulated by the commission; in any business entity
  539  which, either directly or indirectly, owns or controls any
  540  person regulated by the commission; or in any business entity
  541  which, either directly or indirectly, is an affiliate or a
  542  subsidiary of any person regulated by the commission. If a
  543  commissioner, an employee, or a relative living in the same
  544  household as a commissioner or an employee acquires any
  545  financial interest prohibited by this subsection during the
  546  commissioner’s term of office or the employee’s employment with
  547  the commission as a result of events or actions beyond the
  548  commissioner’s, the employee’s, or the relative’s control, they
  549  shall immediately sell such financial interest. For the purposes
  550  of this subsection, the term “relative” has the same meaning as
  551  provided in s. 16.71(2)(e).
  552         7.A commissioner or an employee may not accept anything
  553  from a party in a proceeding currently pending before the
  554  commission. If, during the course of an investigation by the
  555  Commission on Ethics into an alleged violation of this
  556  subparagraph, allegations are made as to the identity of the
  557  person giving or providing the prohibited gift, that person must
  558  be given notice and an opportunity to participate in the
  559  investigation and relevant proceedings to present a defense. If
  560  the Commission on Ethics determines that the person gave or
  561  provided a prohibited gift, the person may not appear before the
  562  commission or otherwise represent anyone before the commission
  563  for a period of 2 years.
  564         8.A commissioner may not serve as the representative of
  565  any political party or on any executive committee or other
  566  governing body of a political party; serve as an executive
  567  officer or employee of any political party, committee,
  568  organization, or association; receive remuneration for
  569  activities on behalf of any candidate for public office; engage
  570  on behalf of any candidate for public office in the solicitation
  571  of votes or other activities on behalf of such candidacy; or
  572  become a candidate for election to any public office without
  573  first resigning from office.
  574         9.A commissioner, during his or her term of office, may
  575  not make any public comment regarding the merits of any
  576  proceeding under ss. 120.569 and 120.57 currently pending before
  577  the commission.
  578         10.A commissioner or an employee may not act in an
  579  unprofessional manner at any time during the performance of
  580  official duties.
  581         11.A commissioner or an employee must avoid impropriety in
  582  all activities and must act at all times in a manner that
  583  promotes public confidence in the integrity and impartiality of
  584  the commission.
  585         12.A commissioner or an employee may not directly or
  586  indirectly, through staff or other means, solicit anything of
  587  value from any person regulated by the commission, or from any
  588  business entity that, whether directly or indirectly, is an
  589  affiliate or subsidiary of any person regulated by the
  590  commission, or from any party appearing in a proceeding
  591  considered by the commission in the last 2 years.
  592         13.A commissioner or an employee may not personally
  593  represent another person or entity for compensation before the
  594  commission for a period of 2 years following the commissioner’s
  595  end of service or a period of 2 years following employment
  596  unless employed by another agency of state government.
  597         14.A commissioner may not lobby the Governor or any agency
  598  of the state, members or employees of the Legislature, or any
  599  county or municipal government or governmental agency except to
  600  represent the commission and department in an official capacity.
  601         (c)A commissioner or an employee of the commission must
  602  annually complete at least 4 hours of ethics training that
  603  addresses, at a minimum, s. 8, Art. II of the State
  604  Constitution, the Code of Ethics for Public Officers and
  605  Employees, and the public records and public meetings laws of
  606  this state. This requirement may be satisfied by completion of a
  607  continuing legal education class or other continuing
  608  professional education class, seminar, or presentation, if the
  609  required subjects are covered.
  610         (d)The Commission on Ethics shall accept and investigate
  611  any alleged violations of this subsection pursuant to the
  612  procedures contained in ss. 112.322-112.3241. The Commission on
  613  Ethics shall provide the Governor, the President of the Senate,
  614  and the Speaker of the House of Representatives with a report of
  615  its findings and recommendations. The Governor is authorized to
  616  enforce the findings and recommendations of the Commission on
  617  Ethics, pursuant to part III of chapter 112. A commissioner or
  618  an employee of the commission may request an advisory opinion
  619  from the Commission on Ethics, pursuant to s. 112.322(3)(a),
  620  regarding the standards of conduct or prohibitions set forth in
  621  this section or s. 16.71.
  622         (e)A commissioner, an employee of the commission, or a
  623  relative living in the same household as a commissioner or an
  624  employee may not place a wager in any facility licensed by the
  625  commission or any facility in the state operated by an Indian
  626  tribe that has a valid and active compact with the state.
  627         (2)EX PARTE COMMUNICATIONS.—
  628         (a)As used in this section, the term “ex parte
  629  communication” means any communication that:
  630         1.If it is a written or printed communication or is a
  631  communication in electronic form, is not served on all parties
  632  to a proceeding; or
  633         2.If it is an oral communication, is made without adequate
  634  notice to the parties and without an opportunity for the parties
  635  to be present and heard.
  636         (b)A commissioner may not initiate or consider ex parte
  637  communications concerning the merits, threat, or offer of reward
  638  in any proceeding that is currently pending before the
  639  commission or that he or she knows or reasonably expects will be
  640  filed with the commission within 180 days after the date of any
  641  such communication. An individual may not discuss ex parte with
  642  a commissioner the merits of any issue that he or she knows will
  643  be filed with the commission within 180 days. This paragraph
  644  does not apply to commission staff.
  645         (c)If a commissioner knowingly receives an ex parte
  646  communication relative to a proceeding other than as set forth
  647  in paragraph (a), to which the commissioner is assigned, the
  648  commissioner must place on the record of the proceeding copies
  649  of all written communications received, all written responses to
  650  the communications, and a memorandum stating the substance of
  651  all oral communications received and all oral responses made,
  652  and shall give written notice to all parties to the
  653  communication that such matters have been placed on the record.
  654  Any party who desires to respond to an ex parte communication
  655  may do so. The response must be received by the commission
  656  within 10 days after receiving notice that the ex parte
  657  communication has been placed on the record. The commissioner
  658  may, if deemed by such commissioner to be necessary to eliminate
  659  the effect of an ex parte communication, withdraw from the
  660  proceeding, in which case the chair shall substitute another
  661  commissioner for the proceeding.
  662         (d)Any individual who makes an ex parte communication
  663  shall submit to the commission a written statement describing
  664  the nature of such communication, to include the name of the
  665  person making the communication, the name of the commissioner or
  666  commissioners receiving the communication, copies of all written
  667  communications made, all written responses to such
  668  communications, and a memorandum stating the substance of all
  669  oral communications received and all oral responses made. The
  670  commission shall place on the record of a proceeding all such
  671  communications.
  672         (e)Any commissioner who knowingly fails to place on the
  673  record any such communications, in violation of this subsection,
  674  within 15 days of the date of such communication is subject to
  675  removal and may be assessed a civil penalty not to exceed
  676  $5,000.
  677         (f)1.It shall be the duty of the Commission on Ethics to
  678  receive and investigate sworn complaints of violations of this
  679  subsection pursuant to the procedures contained in ss. 112.322
  680  112.3241.
  681         2.If the Commission on Ethics finds that there has been a
  682  violation of this subsection by a commissioner, it shall provide
  683  the Governor, the President of the Senate, and the Speaker of
  684  the House of Representatives with a report of its findings and
  685  recommendations. The Governor is authorized to enforce the
  686  findings and recommendations of the Commission on Ethics,
  687  pursuant to part III of chapter 112 and to remove from office a
  688  commissioner who is found by the Commission on Ethics to have
  689  willfully and knowingly violated this subsection. The Governor
  690  shall remove from office a commissioner who is found by the
  691  Commission on Ethics to have willfully and knowingly violated
  692  this subsection after a previous finding by the Commission on
  693  Ethics that the commissioner willfully and knowingly violated
  694  this subsection in a separate matter.
  695         3.If a commissioner fails or refuses to pay the Commission
  696  on Ethics any civil penalties assessed pursuant to this
  697  subsection, the Commission on Ethics may bring an action in any
  698  circuit court to enforce such penalty.
  699         4.If, during the course of an investigation by the
  700  Commission on Ethics into an alleged violation of this
  701  subsection, allegations are made as to the identity of the
  702  person who participated in the ex parte communication, that
  703  person must be given notice and an opportunity to participate in
  704  the investigation and relevant proceedings to present a defense.
  705  If the Commission on Ethics determines that the person
  706  participated in the ex parte communication, the person may not
  707  appear before the commission or otherwise represent anyone
  708  before the commission for a period of 2 years.
  709         Section 5. Effective July 1, 2022, paragraph (f) of
  710  subsection (1) and subsection (7) of section 285.710, Florida
  711  Statutes, are amended to read:
  712         285.710 Compact authorization.—
  713         (1) As used in this section, the term:
  714         (f) “State compliance agency” means the Florida Gaming
  715  Control Commission Division of Pari-mutuel Wagering of the
  716  Department of Business and Professional Regulation which is
  717  designated as the state agency having the authority to carry out
  718  the state’s oversight responsibilities under the compact.
  719         (7) The Florida Gaming Control Commission The Division of
  720  Pari-mutuel Wagering of the Department of Business and
  721  Professional Regulation is designated as the state compliance
  722  agency having the authority to carry out the state’s oversight
  723  responsibilities under the compact authorized by this section.
  724         Section 6. (1)Effective July 1, 2022, all powers, duties,
  725  functions, records, offices, personnel, associated
  726  administrative support positions, property, pending issues,
  727  existing contracts, administrative authority, administrative
  728  rules, and unexpended balances of appropriations, allocations,
  729  and other funds in the Department of Business and Professional
  730  Regulation related to the oversight responsibilities by the
  731  state compliance agency for authorized gaming compacts under s.
  732  285.710, Florida Statutes, the regulation of pari-mutuel
  733  wagering under chapter 550, Florida Statutes, the regulation of
  734  slot machines and slot machine gaming under chapter 551, Florida
  735  Statutes, and the regulation of cardrooms under s. 849.086,
  736  Florida Statutes, are transferred by a type two transfer, as
  737  defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
  738  Control Commission within the Department of Legal Affairs,
  739  Office of the Attorney General.
  740         (2) Notwithstanding chapter 60L-34, Florida Administrative
  741  Code, or any law to the contrary, employees who are transferred
  742  from the Department of Business and Professional Regulation to
  743  the Florida Gaming Control Commission within the Department of
  744  Legal Affairs, Office of the Attorney General to fill positions
  745  transferred by this act, retain and transfer any accrued annual
  746  leave, sick leave, and regular and special compensatory leave
  747  balances.
  748         (3) The Department of Legal Affairs shall provide
  749  administrative support to the Florida Gaming Control Commission
  750  until the transfer in subsection (1) is complete.
  751         Section 7. Paragraph (a) of subsection (2) of section
  752  932.701, Florida Statutes, is amended to read:
  753         932.701 Short title; definitions.—
  754         (2) As used in the Florida Contraband Forfeiture Act:
  755         (a) “Contraband article” means:
  756         1. Any controlled substance as defined in chapter 893 or
  757  any substance, device, paraphernalia, or currency or other means
  758  of exchange that was used, was attempted to be used, or was
  759  intended to be used in violation of any provision of chapter
  760  893, if the totality of the facts presented by the state is
  761  clearly sufficient to meet the state’s burden of establishing
  762  probable cause to believe that a nexus exists between the
  763  article seized and the narcotics activity, whether or not the
  764  use of the contraband article can be traced to a specific
  765  narcotics transaction.
  766         2. Any equipment, gambling device, apparatus, material of
  767  gaming, proceeds, substituted proceeds, real or personal
  768  property, Internet domain name, gambling paraphernalia, lottery
  769  tickets, money, currency, or other means of exchange which was
  770  obtained, received, used, was attempted to be used, or intended
  771  to be used in violation of the gambling laws of the state,
  772  including any violation of chapter 24, chapter 285, chapter 546,
  773  chapter 550, chapter 551, or chapter 849.
  774         3. Any equipment, liquid or solid, which was being used, is
  775  being used, was attempted to be used, or intended to be used in
  776  violation of the beverage or tobacco laws of the state.
  777         4. Any motor fuel upon which the motor fuel tax has not
  778  been paid as required by law.
  779         5. Any personal property, including, but not limited to,
  780  any vessel, aircraft, item, object, tool, substance, device,
  781  weapon, machine, vehicle of any kind, money, securities, books,
  782  records, research, negotiable instruments, or currency, which
  783  was used or was attempted to be used as an instrumentality in
  784  the commission of, or in aiding or abetting in the commission
  785  of, any felony, whether or not comprising an element of the
  786  felony, or which is acquired by proceeds obtained as a result of
  787  a violation of the Florida Contraband Forfeiture Act.
  788         6. Any real property, including any right, title,
  789  leasehold, or other interest in the whole of any lot or tract of
  790  land, which was used, is being used, or was attempted to be used
  791  as an instrumentality in the commission of, or in aiding or
  792  abetting in the commission of, any felony, or which is acquired
  793  by proceeds obtained as a result of a violation of the Florida
  794  Contraband Forfeiture Act.
  795         7. Any personal property, including, but not limited to,
  796  equipment, money, securities, books, records, research,
  797  negotiable instruments, currency, or any vessel, aircraft, item,
  798  object, tool, substance, device, weapon, machine, or vehicle of
  799  any kind in the possession of or belonging to any person who
  800  takes aquaculture products in violation of s. 812.014(2)(c).
  801         8. Any motor vehicle offered for sale in violation of s.
  802  320.28.
  803         9. Any motor vehicle used during the course of committing
  804  an offense in violation of s. 322.34(9)(a).
  805         10. Any photograph, film, or other recorded image,
  806  including an image recorded on videotape, a compact disc,
  807  digital tape, or fixed disk, that is recorded in violation of s.
  808  810.145 and is possessed for the purpose of amusement,
  809  entertainment, sexual arousal, gratification, or profit, or for
  810  the purpose of degrading or abusing another person.
  811         11. Any real property, including any right, title,
  812  leasehold, or other interest in the whole of any lot or tract of
  813  land, which is acquired by proceeds obtained as a result of
  814  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  815  property, including, but not limited to, equipment, money,
  816  securities, books, records, research, negotiable instruments, or
  817  currency; or any vessel, aircraft, item, object, tool,
  818  substance, device, weapon, machine, or vehicle of any kind in
  819  the possession of or belonging to any person which is acquired
  820  by proceeds obtained as a result of Medicaid fraud under s.
  821  409.920 or s. 409.9201.
  822         12. Any personal property, including, but not limited to,
  823  any vehicle, item, object, tool, device, weapon, machine, money,
  824  security, book, or record, that is used or attempted to be used
  825  as an instrumentality in the commission of, or in aiding and
  826  abetting in the commission of, a person’s third or subsequent
  827  violation of s. 509.144, whether or not comprising an element of
  828  the offense.
  829         Section 8. The Division of Law Revision shall prepare a
  830  reviser’s bill to conform the Florida Statutes to the transfer
  831  described in section 6 of this act.
  832         Section 9. Except as otherwise expressly provided in this
  833  act, this act shall take effect July 1, 2021.
  834  
  835  ================= T I T L E  A M E N D M E N T ================
  836  And the title is amended as follows:
  837         Delete everything before the enacting clause
  838  and insert:
  839                        A bill to be entitled                      
  840         An act relating to gaming enforcement; amending s.
  841         16.56, F.S.; expanding the authority of the Office of
  842         Statewide Prosecution within the Department of Legal
  843         Affairs to investigate and prosecute the offenses of
  844         certain crimes; creating s. 16.71, F.S.; creating the
  845         Florida Gaming Control Commission within the Office of
  846         the Attorney General; providing for membership of the
  847         commission; authorizing the Governor to remove members
  848         of the commission under certain circumstances;
  849         providing rights for certain employees of the
  850         commission; providing requirements and prohibitions
  851         relating to commission members and employees;
  852         providing civil penalties; providing requirements and
  853         powers for employees serving as law enforcement
  854         officers for the commission; providing powers and
  855         duties of the commission; providing requirements for
  856         hearings relating to the commission; authorizing the
  857         commission to submit certain written recommendations
  858         to the Governor and the Legislature upon certain
  859         findings; requiring the commission to annually develop
  860         a budget request; requiring the department to submit
  861         the budget request to the Governor for transmittal to
  862         the Legislature; authorizing the commission to
  863         contract or consult with certain agencies; requiring
  864         the commission to provide an annual report to the
  865         Governor and the Legislature; specifying content
  866         required for the report; creating s. 16.712, F.S.;
  867         requiring a person to submit to certain background
  868         screening requirements before serving on or being
  869         employed with the commission; providing procedures and
  870         conditions for the retention of fingerprints; creating
  871         s. 16.715, F.S.; providing construction; providing
  872         standards of conduct for commissioners and employees
  873         of the commission; requiring commissioners and
  874         employees of the commission to complete specified
  875         annual training; requiring the Commission on Ethics to
  876         accept and investigate any alleged violations of the
  877         standards of conduct for commissioners and employees;
  878         providing requirements for such investigations;
  879         authorizing a commissioner or an employee of the
  880         commission to request an advisory opinion from the
  881         Commission on Ethics; defining the term “ex parte
  882         communication”; providing requirements relating to ex
  883         parte communications; providing civil penalties;
  884         amending s. 285.710, F.S.; revising the definition of
  885         the term “state compliance agency”; designating the
  886         Florida Gaming Control Commission as the state
  887         compliance agency having authority to carry out
  888         certain responsibilities; transferring all powers,
  889         duties, functions, records, offices, personnel,
  890         property, pending issues, existing contracts,
  891         administrative authority, administrative rules, trust
  892         funds, and unexpended balances of appropriations,
  893         allocations, and other funds of the Department of
  894         Business and Professional Regulation to the commission
  895         by a type two transfer, effective on a specified date;
  896         requiring the Department of Legal Affairs to provide
  897         administrative support to the commission until such
  898         transfer is complete; amending s. 932.701, F.S.;
  899         revising the definition of the term “contraband
  900         article”; providing a directive to the Division of Law
  901         Revision; providing effective dates.