Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 7076 Ì309496TÎ309496 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/17/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;or48 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 16.71 Florida 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 16.712 Florida 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 16.715 Florida 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 CommissionDivision of Pari-mutuel Wagering of the716Department of Business and Professional Regulationwhich 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 CommissionThe Division of720Pari-mutuel Wagering of the Department of Business and721Professional Regulationis 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,wasattempted 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.