Florida Senate - 2021 CS for SB 7076
By the Committees on Appropriations; and Regulated Industries
576-04244A-21 20217076c1
1 A bill to be entitled
2 An act relating to gaming enforcement; amending s.
3 16.56, F.S.; expanding the authority of the Office of
4 Statewide Prosecution within the Department of Legal
5 Affairs to investigate and prosecute the offenses of
6 certain crimes; creating s. 16.71, F.S.; creating the
7 Florida Gaming Control Commission within the Office of
8 the Attorney General; providing for membership of the
9 commission; authorizing the Governor to remove members
10 of the commission under certain circumstances;
11 providing rights for certain employees of the
12 commission; providing requirements and prohibitions
13 relating to commission members and employees;
14 providing civil penalties; providing requirements and
15 powers for employees serving as law enforcement
16 officers for the commission; providing powers and
17 duties of the commission; providing requirements for
18 hearings relating to the commission; authorizing the
19 commission to submit certain written recommendations
20 to the Governor and the Legislature upon certain
21 findings; requiring the commission to annually develop
22 a budget request; requiring the department to submit
23 the budget request to the Governor for transmittal to
24 the Legislature; authorizing the commission to
25 contract or consult with certain agencies; requiring
26 the commission to provide an annual report to the
27 Governor and the Legislature; specifying content
28 required for the report; creating s. 16.712, F.S.;
29 requiring a person to submit to certain background
30 screening requirements before serving on or being
31 employed with the commission; providing procedures and
32 conditions for the retention of fingerprints; creating
33 s. 16.715, F.S.; providing construction; providing
34 standards of conduct for commissioners and employees
35 of the commission; requiring commissioners and
36 employees of the commission to complete specified
37 annual training; requiring the Commission on Ethics to
38 accept and investigate any alleged violations of the
39 standards of conduct for commissioners and employees;
40 providing requirements for such investigations;
41 authorizing a commissioner or an employee of the
42 commission to request an advisory opinion from the
43 Commission on Ethics; defining the term “ex parte
44 communication”; providing requirements relating to ex
45 parte communications; providing civil penalties;
46 amending s. 285.710, F.S.; revising the definition of
47 the term “state compliance agency”; designating the
48 Florida Gaming Control Commission as the state
49 compliance agency having authority to carry out
50 certain responsibilities; transferring all powers,
51 duties, functions, records, offices, personnel,
52 associated administrative support positions, property,
53 pending issues, existing contracts, administrative
54 authority, administrative rules, and unexpended
55 balances of appropriations, allocations, and other
56 funds of the Department of Business and Professional
57 Regulation related to certain responsibilities to the
58 commission by a type two transfer, effective on a
59 specified date; requiring the Department of Legal
60 Affairs to provide administrative support to the
61 commission until such transfer is complete; amending
62 s. 932.701, F.S.; revising the definition of the term
63 “contraband article”; providing a directive to the
64 Division of Law Revision; providing effective dates.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Paragraph (a) of subsection (1) of section
69 16.56, Florida Statutes, is amended to read:
70 16.56 Office of Statewide Prosecution.—
71 (1) There is created in the Department of Legal Affairs an
72 Office of Statewide Prosecution. The office shall be a separate
73 “budget entity” as that term is defined in chapter 216. The
74 office may:
75 (a) Investigate and prosecute the offenses of:
76 1. Bribery, burglary, criminal usury, extortion, gambling,
77 kidnapping, larceny, murder, prostitution, perjury, robbery,
78 carjacking, home-invasion robbery, and patient brokering;
79 2. Any crime involving narcotic or other dangerous drugs;
80 3. Any violation of the Florida RICO (Racketeer Influenced
81 and Corrupt Organization) Act, including any offense listed in
82 the definition of racketeering activity in s. 895.02(8)(a),
83 providing such listed offense is investigated in connection with
84 a violation of s. 895.03 and is charged in a separate count of
85 an information or indictment containing a count charging a
86 violation of s. 895.03, the prosecution of which listed offense
87 may continue independently if the prosecution of the violation
88 of s. 895.03 is terminated for any reason;
89 4. Any violation of the Florida Anti-Fencing Act;
90 5. Any violation of the Florida Antitrust Act of 1980, as
91 amended;
92 6. Any crime involving, or resulting in, fraud or deceit
93 upon any person;
94 7. Any violation of s. 847.0135, relating to computer
95 pornography and child exploitation prevention, or any offense
96 related to a violation of s. 847.0135 or any violation of
97 chapter 827 where the crime is facilitated by or connected to
98 the use of the Internet or any device capable of electronic data
99 storage or transmission;
100 8. Any violation of chapter 815;
101 9. Any criminal violation of part I of chapter 499;
102 10. Any violation of the Florida Motor Fuel Tax Relief Act
103 of 2004;
104 11. Any criminal violation of s. 409.920 or s. 409.9201;
105 12. Any crime involving voter registration, voting, or
106 candidate or issue petition activities;
107 13. Any criminal violation of the Florida Money Laundering
108 Act;
109 14. Any criminal violation of the Florida Securities and
110 Investor Protection Act; or
111 15. Any violation of chapter 787, as well as any and all
112 offenses related to a violation of chapter 787; or
113 16. Any violation of chapter 24, chapter 285, chapter 546,
114 chapter 550, chapter 551, or chapter 849, including violations
115 referred by the Department of Agriculture and Consumer Services,
116 the Department of Business and Professional Regulation, the
117 Department of the Lottery, the Florida Gaming Control
118 Commission, or the Seminole Tribe of Florida;
119
120 or any attempt, solicitation, or conspiracy to commit any of the
121 crimes specifically enumerated above. The office shall have such
122 power only when any such offense is occurring, or has occurred,
123 in two or more judicial circuits as part of a related
124 transaction, or when any such offense is connected with an
125 organized criminal conspiracy affecting two or more judicial
126 circuits. Informations or indictments charging such offenses
127 shall contain general allegations stating the judicial circuits
128 and counties in which crimes are alleged to have occurred or the
129 judicial circuits and counties in which crimes affecting such
130 circuits or counties are alleged to have been connected with an
131 organized criminal conspiracy.
132 Section 2. Section 16.71, Florida Statutes, is created to
133 read:
134 16.71 Florida Gaming Control Commission.—
135 (1)(a) There is created within the Department of Legal
136 Affairs, Office of the Attorney General, a Florida Gaming
137 Control Commission, hereinafter referred to as the commission.
138 The commission shall be a separate budget entity and the agency
139 head for all purposes. The Florida Gaming Control Commission is
140 a criminal justice agency as defined in s. 119.011.
141 (b) The commission is not subject to control, supervision,
142 or direction by the Department of Legal Affairs or the Attorney
143 General in the performance of its duties, including, but not
144 limited to, personnel, purchasing transactions involving real or
145 personal property, and budgetary matters.
146 (2)(a) The commission shall consist of five members
147 appointed by the Governor, and subject to confirmation by the
148 Senate, for terms of 4 years. Members of the commission must be
149 appointed by January 1, 2022.
150 1. For the purpose of providing staggered terms, of the
151 initial appointments, 2 members shall be appointed to 4-year
152 terms, 2 members shall be appointed to 3-year terms, and 1
153 member shall be appointed to a 2-year term.
154 2. Of the five members at least one member must have at
155 least 10 years of experience in law enforcement and criminal
156 investigations, at least one member must be a certified public
157 accountant licensed in this state with at least 10 years of
158 experience in accounting and auditing, and at least one member
159 must be an attorney admitted and authorized to practice law in
160 this state for the preceding 10 years.
161 3. Of the five members, each appellate district shall have
162 one member appointed from the district to the commission who is
163 a resident of the district at the time of the original
164 appointment.
165 4. A person may not be appointed by the Governor to the
166 commission until after a background investigation of the person
167 is conducted by the Department of Law Enforcement and the
168 investigation is forwarded to the Governor.
169 5. A person who holds any office in a political party, who
170 has been convicted of a felony, or who has been convicted of a
171 misdemeanor related to gambling within the previous 10 years may
172 not apply to the Governor for appointment.
173 6. The Governor may not solicit or request any nominations,
174 recommendations or communications about potential candidates for
175 appointment to the commission from:
176 a. Any person that holds a permit or license issued under
177 chapter 550, or a license issued under chapter 551 or chapter
178 849; an officer, official, or employee of such permitholder or
179 licensee; or an ultimate equitable owner, as defined in s.
180 550.002(37), of such permitholder or licensee;
181 b. Any officer, official, employee, or other person with
182 duties or responsibilities relating to a gaming operation owned
183 by an Indian tribe that has a valid and active compact with the
184 state; be a contractor or subcontractor of such tribe or an
185 entity employed, licensed, or contracted by such tribe; or be an
186 ultimate equitable owner, as defined in s. 550.002(37), of such
187 entity; or
188 c. Any registered lobbyist for the executive or legislative
189 branch that represents any person or entity identified in sub
190 subparagraph a. and sub-subparagraph b.
191 (b)1. The Governor may remove a member for cause,
192 including, but not limited to, circumstances in which the member
193 commits gross misconduct or malfeasance in office, substantially
194 neglects or is unable to discharge their duties as a member, or
195 is convicted of or found guilty of or has plead nolo contendere
196 to, regardless of adjudication, in any jurisdiction, a felony or
197 misdemeanor that directly relates to gambling, dishonesty,
198 theft, or fraud.
199 2. The Governor may remove a member without cause subject
200 to approval by a majority of the Senate. Upon the resignation or
201 removal from office of a member, the Governor shall appoint a
202 successor pursuant to paragraph (a) who, subject to confirmation
203 by the Senate, shall serve the remainder of the unfinished term.
204 (c) A commissioner shall serve until a successor is
205 appointed, but commissioners may not serve more than 12 years.
206 Vacancies shall be filled for the unexpired portion of the term.
207 The salary of each commissioner is equal to that paid under
208 state law to a commissioner on the Florida Public Service
209 Commission. The commission shall elect a chair and a vice chair.
210 (d) To aid the commission in its duties, the commission
211 must appoint a person who is not a member of the commission to
212 serve as the executive director of the commission. The executive
213 director shall supervise, direct, coordinate, and administer all
214 activities necessary to fulfill the commission’s
215 responsibilities. The commission must appoint the executive
216 director by July 1, 2022. The executive director, with the
217 consent of the commission, shall employ such staff as are
218 necessary to adequately perform the functions of the commission,
219 within budgetary limitations. All employees, except the
220 executive director and attorneys, are subject to part II of
221 chapter 110. The executive director shall serve at the pleasure
222 of the commission and be subject to part III of chapter 110.
223 Attorneys employed by the commission shall be subject to part V
224 of chapter 110. The executive director shall maintain
225 headquarters in and reside in Leon County. The salary of the
226 executive director is equal to that paid under state law to a
227 commissioner on the Florida Public Service Commission.
228 (e)1. A person may not, for the 2 years immediately
229 preceding the date of appointment to or employment with the
230 commission and while appointed to or employed with the
231 commission:
232 a. Hold a permit or license issued under chapter 550, or a
233 license issued under chapter 551 or chapter 849; be an officer,
234 official, or employee of such permitholder or licensee; or be an
235 ultimate equitable owner, as defined in s. 550.002(37), of such
236 permitholder or licensee;
237 b. Be an officer, official, employee, or other person with
238 duties or responsibilities relating to a gaming operation owned
239 by an Indian tribe that has a valid and active compact with the
240 state; be a contractor or subcontractor of such tribe or an
241 entity employed, licensed, or contracted by such tribe; or be an
242 ultimate equitable owner, as defined in s. 550.002(37), of such
243 entity; or
244 c. Be a registered lobbyist for the executive or
245 legislative branch, except while a commissioner when officially
246 representing the commission.
247 2. A person is ineligible for appointment to or employment
248 with the commission if, within the 2 years immediately preceding
249 such appointment or employment, they violated subparagraph 1. or
250 solicited or accepted employment with, acquired any direct or
251 indirect interest in, or had any direct or indirect business
252 association, partnership, or financial relationship with, or is
253 a relative of, any person or entity who is an applicant,
254 licensee, or registrant with the Division of Pari-mutuel
255 Wagering or the commission.
256
257 For the purposes of this paragraph, the term “relative” means a
258 spouse, father, mother, son, daughter, grandfather, grandmother,
259 brother, sister, uncle, aunt, cousin, nephew, niece, father-in
260 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
261 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
262 stepbrother, stepsister, half-brother, or half-sister.
263 (f) A commissioner may not, for the 2 years immediately
264 following the date of resignation or termination from the
265 commission:
266 1. Hold a permit or license issued under chapter 550, or a
267 license issued under chapter 551 or chapter 849; be an officer,
268 official, or employee of such permitholder or licensee; or be an
269 ultimate equitable owner, as defined in s. 550.002(37), of such
270 permitholder or licensee;
271 2. Appear before the commission representing any client or
272 any industry regulated by the commission;
273 3. Accept employment by or compensation from a business
274 entity which, directly or indirectly, owns or controls a person
275 regulated by the commission, from a person regulated by the
276 commission, from a business entity which, directly or
277 indirectly, is an affiliate or subsidiary of a person regulated
278 by the commission, or from a business entity or trade
279 association that has been a party to a commission proceeding
280 within the 2 years preceding the member’s resignation or
281 termination of service on the commission; or
282 4. Lobby the Governor or any agency of the state, members
283 or employees of the Legislature, or any county or municipal
284 government or governmental agency.
285 (g) A person employed by the commission may not, for the 2
286 years immediately following the date of termination or
287 resignation from employment with the commission:
288 1. Hold a permit or license issued under chapter 550, or a
289 license issued under chapter 551 or chapter 849; be an officer,
290 official, or employee of such permitholder or licensee; or be an
291 ultimate equitable owner, as defined in s. 550.002(37), of such
292 permitholder or licensee;
293 2. Appear before the commission representing any client
294 regulated by the commission on any matter which was pending at
295 the time of termination or resignation and in which such former
296 employee had participated; or
297 3. Lobby the Governor or any agency of the state, members
298 or employees of the Legislature, or any county or municipal
299 government or governmental agency.
300 (h) Any person violating paragraph (f) or paragraph (g)
301 shall be subject to the penalties for violations of standards of
302 conduct for public officers, employees of agencies, and local
303 government attorneys provided in s. 112.317 and a civil penalty
304 of an amount equal to the compensation which the person receives
305 for the prohibited conduct.
306 (i) A person is ineligible for appointment to the
307 commission if he or she has:
308 1. Been convicted of or found guilty of or pled nolo
309 contendere to, regardless of adjudication, in any jurisdiction,
310 a felony or misdemeanor that directly relates to gambling,
311 dishonesty, theft, or fraud within the 10 years immediately
312 preceding such appointment;
313 2. Been convicted of or found guilty of or pled nolo
314 contendere to, regardless of adjudication, in any jurisdiction,
315 a crime listed s. 775.21(4)(a)1. or s. 776.08; or
316 3. Had a license or permit issued under chapter 550,
317 chapter 551, or chapter 849 or a gaming license issued by any
318 other jurisdiction denied, suspended, or revoked.
319 (j)1. A person is ineligible for employment with the
320 commission if he or she has been convicted of a felony within 5
321 years of the date of application; convicted of a misdemeanor
322 within 5 years of the date of application which the commission
323 determines bears a close relationship to the duties and
324 responsibilities of the position for which employment is sought;
325 or dismissed from prior employment for gross misconduct or
326 incompetence or intentionally making a false statement
327 concerning a material fact in connection with the application
328 for employment to the commission.
329 2. If an employee of the commission is charged with a
330 felony while employed by the commission, the commission shall
331 suspend the employee, with or without pay, and terminate
332 employment with the commission upon conviction. If an employee
333 of the commission is charged with a misdemeanor while employed
334 by the commission, the commission shall suspend the employee,
335 with or without pay, and may terminate employment with the
336 commission upon conviction if the commission determines that the
337 offense bears a close relationship to the duties and
338 responsibilities of the position held with the commission.
339 (k) A commissioner or an employee of the commission must
340 notify the commission within 3 calendar days of arrest for any
341 offense.
342 (l) A commissioner or an employee must immediately provide
343 detailed written notice of the circumstances to the commission
344 if the member or employee is indicted, charged with, convicted
345 of, pleads guilty or nolo contendere to, or forfeits bail for:
346 1. A misdemeanor involving gambling, dishonesty, theft, or
347 fraud;
348 2. A violation of any law in any state, or a law of the
349 United States or any other jurisdiction, involving gambling,
350 dishonesty, theft, or fraud which substantially corresponds to a
351 misdemeanor in this state; or
352 3. A felony under the laws of this or any other state, the
353 United States, or any other jurisdiction.
354 (m)1. All employees authorized by the commission shall have
355 access to, and shall have the right to inspect, premises
356 licensed by the Department of Business and Professional
357 Regulation, to collect taxes and remit them to the officer
358 entitled to them, and to examine the books and records of all
359 persons subject to chapter 24, chapter 285, chapter 546, chapter
360 550, chapter 551, or chapter 849. The authorized employees shall
361 require of each such person strict compliance with the laws of
362 this state relating to the license or permit of the licensee.
363 2. Each employee serving as a law enforcement officer for
364 the commission must meet the qualifications for employment or
365 appointment as a law enforcement officer set forth under s.
366 943.13 and must be certified as a law enforcement officer by the
367 Department of Law Enforcement under chapter 943. Upon
368 certification, each law enforcement officer is subject to and
369 has the same authority as provided for law enforcement officers
370 generally in chapter 901 and has statewide jurisdiction. Each
371 officer also has arrest authority as provided for state law
372 enforcement officers in s. 901.15. Each officer possesses the
373 full law enforcement powers granted to other peace officers of
374 this state, including the authority to make arrests, carry
375 firearms, serve court process, and seize contraband and the
376 proceeds of illegal activities.
377 a. The primary responsibility of each officer appointed
378 under this paragraph is to investigate, enforce, and prosecute,
379 throughout the state, violations and violators of chapter 24,
380 chapter 285, chapter 546, chapter 550, chapter 551, or chapter
381 849, and the rules adopted thereunder, as well as other state
382 laws that the commission or all state law enforcement officers
383 are specifically authorized to enforce.
384 b. The secondary responsibility of each officer appointed
385 under this paragraph is to enforce all other state laws,
386 provided that the enforcement is incidental to exercising the
387 officer’s primary responsibility and the officer exercises the
388 powers of a deputy sheriff, only after consultation or
389 coordination with the appropriate local sheriff’s office or
390 municipal police department or when the commission participates
391 in the Florida Mutual Aid Plan during a declared state
392 emergency.
393 (3)(a) The commission and its law enforcement officers are
394 specifically authorized to seize any contraband in accordance
395 with the Florida Contraband Forfeiture Act. For purposes of this
396 section, the term “contraband” has the same meaning as the term
397 “contraband article” in s. 932.701(2)(a)2.
398 (b) The commission is specifically authorized to store and
399 test any contraband that is seized in accordance with the
400 Florida Contraband Forfeiture Act and may authorize any of its
401 staff to implement this provision.
402 (c) The commission may adopt rules to implement this
403 provision.
404 (d) This subsection does not limit the authority of any
405 other person authorized by law to seize contraband.
406 (4) The commission shall convene at the call of its chair
407 or at the request of a majority of the members of the
408 commission. The presence of three members is required to
409 constitute a quorum, and the affirmative vote of the majority of
410 the members present is required for any action or recommendation
411 by the commission. The commission may meet in any city or county
412 of the state. The commission shall do all of the following:
413 (a) Exercise all of the regulatory and executive powers of
414 the state with respect to gambling, including, without
415 limitation thereto, pari-mutuel wagering, cardrooms, slot
416 machine facilities, oversight of gaming compacts executed by the
417 state pursuant to the Federal Indian Gaming Regulatory Act, and
418 any other forms of gambling authorized by the State Constitution
419 or law, excluding games authorized by s. 15, Art. X of the State
420 Constitution.
421 (b) Establish procedures consistent with chapter 120 to
422 ensure adequate due process in the exercise of its regulatory
423 and executive functions.
424 (c) Ensure that the laws of this state are not interpreted
425 in any manner that expands the activities authorized in chapter
426 24, chapter 285, chapter 546, chapter 550, chapter 551, or
427 chapter 849.
428 (d) Review any matter within the scope of the jurisdiction
429 of the Division of Pari-mutuel Wagering.
430 (e) Review the regulation of licensees, permitholders, or
431 persons regulated by the Division of Pari-mutuel Wagering and
432 the procedures used by the division to implement and enforce the
433 law.
434 (f) Review the procedures of the Division of Pari-mutuel
435 Wagering which are used to qualify applicants applying for a
436 license, permit, or registration.
437 (g) Refer criminal violations of chapter 24, chapter 285,
438 chapter 546, chapter 550, chapter 551, or chapter 849 to the
439 appropriate state attorney or to the Office of Statewide
440 Prosecution, as applicable.
441 (h) Exercise all other powers and perform any other duties
442 prescribed by the Legislature.
443 (i) The commission may adopt rules to implement this
444 section.
445
446 The commission may subpoena witnesses and compel their
447 attendance and testimony, administer oaths and affirmations,
448 take evidence, and require by subpoena the production of any
449 books, papers, records, or other items relevant to the
450 performance of the duties of the commission or to the exercise
451 of its powers.
452 (5) Hearings shall be held before the commission, except
453 that the chair may direct that any hearing be held before one
454 member of the commission or a panel of less than the full
455 commission. The commission shall adopt rules to provide for the
456 filing of a report when hearings are held by a single
457 commissioner or a panel, which rules shall prescribe the time
458 for filing the report and the contents of the report. The chair
459 may schedule hearings to determine whether enforcement of the
460 gaming laws of this state is sufficient to protect residents
461 from abuse and misinterpretation of the law or create expansion
462 of gaming or gambling in this state.
463 (6) The commission may submit written recommendations to
464 enhance the enforcement of gaming laws of the state to the
465 Governor, the President of the Senate, and the Speaker of the
466 House of Representatives.
467 (7) The commission shall make an annual report to the
468 Governor, the President of the Senate, and the Speaker of the
469 House of Representatives. The report shall, at a minimum,
470 include all of the following:
471 (a) Recent events in the gaming industry, including pending
472 litigation, pending facility license applications, and new and
473 pending rules.
474 (b) Actions of the commission relative to the
475 implementation and administration of this section.
476 (c) The state revenues and expenses associated with each
477 form of authorized gaming. Revenues and expenses associated with
478 pari-mutuel wagering shall be further delineated by the class of
479 license.
480 (d) The performance of each pari-mutuel wagering licensee,
481 cardroom licensee, and slot licensee.
482 (e) A summary of disciplinary actions taken by the
483 commission.
484 (f) The receipts and disbursements of the commission.
485 (g) A summary of actions taken and investigations conducted
486 by the commission.
487 (h) Any additional information and recommendations that the
488 commission considers useful or that the Governor, the President
489 of the Senate, or the Speaker of the House of Representatives
490 requests.
491 (8) The commission’s exercise of executive powers in the
492 area of planning, budgeting, personnel management, and
493 purchasing shall be as provided by law.
494 (9) The commission shall develop a budget request pursuant
495 to chapter 216 annually. The budget is not subject to change by
496 the Department of Legal Affairs or the Attorney General, but it
497 shall be submitted by the Department of Legal Affairs to the
498 Governor for transmittal to the Legislature.
499 (10) The commission is authorized to contract or consult
500 with appropriate agencies of state government for such
501 professional assistance as may be needed in the discharge of its
502 duties.
503 (11) All rules adopted pursuant to chapters 24, 285, 546,
504 550, 551, and 849 prior to the effective date of this act are
505 preserved and remain in full force and effect.
506 (12) The commission shall exercise all of its regulatory
507 and executive powers and shall apply, construe, and interpret
508 all laws and administrative rules in a manner consistent with
509 the gaming compact ratified, approved, and described in s.
510 285.710(3).
511 (13) The commission shall confirm, prior to the issuance of
512 an operating license, annually that each permitholder has
513 submitted proof with their annual application for a license, in
514 such a form as the commission may require; that the permitholder
515 continues to possess the qualifications prescribed by chapter
516 550; and that the permit has not been disapproved by voters in
517 an election.
518 Section 3. Section 16.712, Florida Statutes, is created to
519 read:
520 16.712 Florida Gaming Control Commission background
521 screening provisions.—
522 (1) Prior to serving as a commissioner on the Florida
523 Gaming Control Commission or becoming an employee of the
524 commission, a person must have his or her fingerprints taken by
525 a vendor approved by the Department of Law Enforcement. The set
526 of fingerprints must be electronically sent to the Department of
527 Law Enforcement for state processing, and the Department of Law
528 Enforcement must forward the fingerprints to the Federal Bureau
529 of Investigation for national processing. Persons who are
530 foreign nationals must submit such documents as necessary to
531 allow the commission to conduct criminal history records checks
532 in the person’s home country.
533 (2) All fingerprints submitted to the Department of Law
534 Enforcement as required under subsection (1) must be retained by
535 the Department of Law Enforcement as provided under s.
536 943.05(2)(g) and (h) and (3) and enrolled in the national
537 retained print arrest notification program at the Federal Bureau
538 of Investigation when the Department of Law Enforcement begins
539 participation in the program. The commission must notify the
540 Department of Law Enforcement when any person whose fingerprints
541 have been retained is no longer a commissioner or employee of
542 the commission.
543 (3) The costs of fingerprint processing, including the cost
544 for retaining fingerprints, shall be borne by the commission.
545 Section 4. Section 16.715, Florida Statutes, is created to
546 read:
547 16.715 Florida Gaming Control Commission standards of
548 conduct; ex parte communications.—
549 (1) STANDARDS OF CONDUCT.—
550 (a) In addition to the provisions of part III of chapter
551 112, which are applicable to commissioners on and employees with
552 the Florida Gaming Control Commission by virtue of their being
553 public officers and public employees, the conduct of
554 commissioners and employees shall be governed by the standards
555 of conduct provided in this subsection. Nothing shall prohibit
556 the standards of conduct from being more restrictive than part
557 III of chapter 112. Further, this subsection may not be
558 construed to contravene the restrictions of part III of chapter
559 112. In the event of a conflict between this subsection and part
560 III of chapter 112, the more restrictive provision shall apply.
561 (b)1. A commissioner or employee of the commission may not
562 accept anything from any business entity which, either directly
563 or indirectly, owns or controls any person regulated by the
564 commission or from any business entity which, either directly or
565 indirectly, is an affiliate or subsidiary of any person
566 regulated by the commission.
567 2. A commissioner or an employee may attend conferences,
568 along with associated meals and events that are generally
569 available to all conference participants without payment of any
570 fees in addition to the conference fee. Additionally, while
571 attending a conference, a commissioner or an employee may attend
572 meetings, meals, or events that are not sponsored, in whole or
573 in part, by any representative of any person regulated by the
574 commission and that are limited to commissioners or employees
575 only, committee members, or speakers if the commissioner or
576 employee is a member of a committee of the association of
577 regulatory agencies that organized the conference or is a
578 speaker at the conference. It is not a violation of this
579 subparagraph for a commissioner or an employee to attend a
580 conference for which conference participants who are employed by
581 a person regulated by the commission have paid a higher
582 conference registration fee than the commissioner or employee,
583 or to attend a meal or event that is generally available to all
584 conference participants without payment of any fees in addition
585 to the conference fee and that is sponsored, in whole or in
586 part, by a person regulated by the commission.
587 3. If, during the course of an investigation by the
588 Commission on Ethics into an alleged violation of this
589 subparagraph, allegations are made as to the identity of the
590 person giving or providing the prohibited gift, that person must
591 be given notice and an opportunity to participate in the
592 investigation and relevant proceedings to present a defense.
593 4. If the Commission on Ethics determines that the person
594 gave or provided a prohibited gift, the person may not appear
595 before the commission or otherwise represent anyone before the
596 commission for a period of 2 years.
597 5. While employed, and for 2 years after service as a
598 commissioner or for 2 years after employment with the
599 commission, a commissioner or an employee may not accept any
600 form of employment with or engage in any business activity with
601 any business entity which, either directly or indirectly, owns
602 or controls any person regulated by the commission; any person
603 regulated by the commission; or any business entity which,
604 either directly or indirectly, is an affiliate or subsidiary of
605 any person regulated by the commission.
606 6. While employed, and for 2 years after service as a
607 commissioner or for 2 years after employment with the
608 commission, a commissioner, an employee, or a relative living in
609 the same household as a commissioner or an employee may not have
610 any financial interest, other than shares in a mutual fund, in
611 any person regulated by the commission; in any business entity
612 which, either directly or indirectly, owns or controls any
613 person regulated by the commission; or in any business entity
614 which, either directly or indirectly, is an affiliate or a
615 subsidiary of any person regulated by the commission. If a
616 commissioner, an employee, or a relative living in the same
617 household as a commissioner or an employee acquires any
618 financial interest prohibited by this subsection during the
619 commissioner’s term of office or the employee’s employment with
620 the commission as a result of events or actions beyond the
621 commissioner’s, the employee’s, or the relative’s control, they
622 shall immediately sell such financial interest. For the purposes
623 of this subsection, the term “relative” has the same meaning as
624 provided in s. 16.71(2)(e).
625 7. A commissioner or an employee may not accept anything
626 from a party in a proceeding currently pending before the
627 commission. If, during the course of an investigation by the
628 Commission on Ethics into an alleged violation of this
629 subparagraph, allegations are made as to the identity of the
630 person giving or providing the prohibited gift, that person must
631 be given notice and an opportunity to participate in the
632 investigation and relevant proceedings to present a defense. If
633 the Commission on Ethics determines that the person gave or
634 provided a prohibited gift, the person may not appear before the
635 commission or otherwise represent anyone before the commission
636 for a period of 2 years.
637 8. A commissioner may not serve as the representative of
638 any political party or on any executive committee or other
639 governing body of a political party; serve as an executive
640 officer or employee of any political party, committee,
641 organization, or association; receive remuneration for
642 activities on behalf of any candidate for public office; engage
643 on behalf of any candidate for public office in the solicitation
644 of votes or other activities on behalf of such candidacy; or
645 become a candidate for election to any public office without
646 first resigning from office.
647 9. A commissioner, during his or her term of office, may
648 not make any public comment regarding the merits of any
649 proceeding under ss. 120.569 and 120.57 currently pending before
650 the commission.
651 10. A commissioner or an employee may not act in an
652 unprofessional manner at any time during the performance of
653 official duties.
654 11. A commissioner or an employee must avoid impropriety in
655 all activities and must act at all times in a manner that
656 promotes public confidence in the integrity and impartiality of
657 the commission.
658 12. A commissioner or an employee may not directly or
659 indirectly, through staff or other means, solicit anything of
660 value from any person regulated by the commission, or from any
661 business entity that, whether directly or indirectly, is an
662 affiliate or subsidiary of any person regulated by the
663 commission, or from any party appearing in a proceeding
664 considered by the commission in the last 2 years.
665 13. A commissioner or an employee may not personally
666 represent another person or entity for compensation before the
667 commission for a period of 2 years following the commissioner’s
668 end of service or a period of 2 years following employment
669 unless employed by another agency of state government.
670 14. A commissioner may not lobby the Governor or any agency
671 of the state, members or employees of the Legislature, or any
672 county or municipal government or governmental agency except to
673 represent the commission and department in an official capacity.
674 (c) A commissioner or an employee of the commission must
675 annually complete at least 4 hours of ethics training that
676 addresses, at a minimum, s. 8, Art. II of the State
677 Constitution, the Code of Ethics for Public Officers and
678 Employees, and the public records and public meetings laws of
679 this state. This requirement may be satisfied by completion of a
680 continuing legal education class or other continuing
681 professional education class, seminar, or presentation, if the
682 required subjects are covered.
683 (d) The Commission on Ethics shall accept and investigate
684 any alleged violations of this subsection pursuant to the
685 procedures contained in ss. 112.322-112.3241. The Commission on
686 Ethics shall provide the Governor, the President of the Senate,
687 and the Speaker of the House of Representatives with a report of
688 its findings and recommendations. The Governor is authorized to
689 enforce the findings and recommendations of the Commission on
690 Ethics, pursuant to part III of chapter 112. A commissioner or
691 an employee of the commission may request an advisory opinion
692 from the Commission on Ethics, pursuant to s. 112.322(3)(a),
693 regarding the standards of conduct or prohibitions set forth in
694 this section or s. 16.71.
695 (e) A commissioner, an employee of the commission, or a
696 relative living in the same household as a commissioner or an
697 employee may not place a wager in any facility licensed by the
698 commission or any facility in the state operated by an Indian
699 tribe that has a valid and active compact with the state.
700 (2) EX PARTE COMMUNICATIONS.—
701 (a) As used in this section, the term “ex parte
702 communication” means any communication that:
703 1. If it is a written or printed communication or is a
704 communication in electronic form, is not served on all parties
705 to a proceeding; or
706 2. If it is an oral communication, is made without adequate
707 notice to the parties and without an opportunity for the parties
708 to be present and heard.
709 (b) A commissioner may not initiate or consider ex parte
710 communications concerning the merits, threat, or offer of reward
711 in any proceeding that is currently pending before the
712 commission or that he or she knows or reasonably expects will be
713 filed with the commission within 180 days after the date of any
714 such communication. An individual may not discuss ex parte with
715 a commissioner the merits of any issue that he or she knows will
716 be filed with the commission within 180 days. This paragraph
717 does not apply to commission staff.
718 (c) If a commissioner knowingly receives an ex parte
719 communication relative to a proceeding other than as set forth
720 in paragraph (a), to which the commissioner is assigned, the
721 commissioner must place on the record of the proceeding copies
722 of all written communications received, all written responses to
723 the communications, and a memorandum stating the substance of
724 all oral communications received and all oral responses made,
725 and shall give written notice to all parties to the
726 communication that such matters have been placed on the record.
727 Any party who desires to respond to an ex parte communication
728 may do so. The response must be received by the commission
729 within 10 days after receiving notice that the ex parte
730 communication has been placed on the record. The commissioner
731 may, if deemed by such commissioner to be necessary to eliminate
732 the effect of an ex parte communication, withdraw from the
733 proceeding, in which case the chair shall substitute another
734 commissioner for the proceeding.
735 (d) Any individual who makes an ex parte communication
736 shall submit to the commission a written statement describing
737 the nature of such communication, to include the name of the
738 person making the communication, the name of the commissioner or
739 commissioners receiving the communication, copies of all written
740 communications made, all written responses to such
741 communications, and a memorandum stating the substance of all
742 oral communications received and all oral responses made. The
743 commission shall place on the record of a proceeding all such
744 communications.
745 (e) Any commissioner who knowingly fails to place on the
746 record any such communications, in violation of this subsection,
747 within 15 days of the date of such communication is subject to
748 removal and may be assessed a civil penalty not to exceed
749 $5,000.
750 (f)1. It shall be the duty of the Commission on Ethics to
751 receive and investigate sworn complaints of violations of this
752 subsection pursuant to the procedures contained in ss. 112.322
753 112.3241.
754 2. If the Commission on Ethics finds that there has been a
755 violation of this subsection by a commissioner, it shall provide
756 the Governor, the President of the Senate, and the Speaker of
757 the House of Representatives with a report of its findings and
758 recommendations. The Governor is authorized to enforce the
759 findings and recommendations of the Commission on Ethics,
760 pursuant to part III of chapter 112 and to remove from office a
761 commissioner who is found by the Commission on Ethics to have
762 willfully and knowingly violated this subsection. The Governor
763 shall remove from office a commissioner who is found by the
764 Commission on Ethics to have willfully and knowingly violated
765 this subsection after a previous finding by the Commission on
766 Ethics that the commissioner willfully and knowingly violated
767 this subsection in a separate matter.
768 3. If a commissioner fails or refuses to pay the Commission
769 on Ethics any civil penalties assessed pursuant to this
770 subsection, the Commission on Ethics may bring an action in any
771 circuit court to enforce such penalty.
772 4. If, during the course of an investigation by the
773 Commission on Ethics into an alleged violation of this
774 subsection, allegations are made as to the identity of the
775 person who participated in the ex parte communication, that
776 person must be given notice and an opportunity to participate in
777 the investigation and relevant proceedings to present a defense.
778 If the Commission on Ethics determines that the person
779 participated in the ex parte communication, the person may not
780 appear before the commission or otherwise represent anyone
781 before the commission for a period of 2 years.
782 Section 5. Effective July 1, 2022, paragraph (f) of
783 subsection (1) and subsection (7) of section 285.710, Florida
784 Statutes, are amended to read:
785 285.710 Compact authorization.—
786 (1) As used in this section, the term:
787 (f) “State compliance agency” means the Florida Gaming
788 Control Commission Division of Pari-mutuel Wagering of the
789 Department of Business and Professional Regulation which is
790 designated as the state agency having the authority to carry out
791 the state’s oversight responsibilities under the compact.
792 (7) The Florida Gaming Control Commission The Division of
793 Pari-mutuel Wagering of the Department of Business and
794 Professional Regulation is designated as the state compliance
795 agency having the authority to carry out the state’s oversight
796 responsibilities under the compact authorized by this section.
797 Section 6. (1) Effective July 1, 2022, all powers, duties,
798 functions, records, offices, personnel, associated
799 administrative support positions, property, pending issues,
800 existing contracts, administrative authority, administrative
801 rules, and unexpended balances of appropriations, allocations,
802 and other funds in the Department of Business and Professional
803 Regulation related to the oversight responsibilities by the
804 state compliance agency for authorized gaming compacts under s.
805 285.710, Florida Statutes, the regulation of pari-mutuel
806 wagering under chapter 550, Florida Statutes, the regulation of
807 slot machines and slot machine gaming under chapter 551, Florida
808 Statutes, and the regulation of cardrooms under s. 849.086,
809 Florida Statutes, are transferred by a type two transfer, as
810 defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
811 Control Commission within the Department of Legal Affairs,
812 Office of the Attorney General.
813 (2) Notwithstanding chapter 60L-34, Florida Administrative
814 Code, or any law to the contrary, employees who are transferred
815 from the Department of Business and Professional Regulation to
816 the Florida Gaming Control Commission within the Department of
817 Legal Affairs, Office of the Attorney General to fill positions
818 transferred by this act, retain and transfer any accrued annual
819 leave, sick leave, and regular and special compensatory leave
820 balances.
821 (3) The Department of Legal Affairs shall provide
822 administrative support to the Florida Gaming Control Commission
823 until the transfer in subsection (1) is complete.
824 Section 7. Paragraph (a) of subsection (2) of section
825 932.701, Florida Statutes, is amended to read:
826 932.701 Short title; definitions.—
827 (2) As used in the Florida Contraband Forfeiture Act:
828 (a) “Contraband article” means:
829 1. Any controlled substance as defined in chapter 893 or
830 any substance, device, paraphernalia, or currency or other means
831 of exchange that was used, was attempted to be used, or was
832 intended to be used in violation of any provision of chapter
833 893, if the totality of the facts presented by the state is
834 clearly sufficient to meet the state’s burden of establishing
835 probable cause to believe that a nexus exists between the
836 article seized and the narcotics activity, whether or not the
837 use of the contraband article can be traced to a specific
838 narcotics transaction.
839 2. Any equipment, gambling device, apparatus, material of
840 gaming, proceeds, substituted proceeds, real or personal
841 property, Internet domain name, gambling paraphernalia, lottery
842 tickets, money, currency, or other means of exchange which was
843 obtained, received, used, was attempted to be used, or intended
844 to be used in violation of the gambling laws of the state,
845 including any violation of chapter 24, chapter 285, chapter 546,
846 chapter 550, chapter 551, or chapter 849.
847 3. Any equipment, liquid or solid, which was being used, is
848 being used, was attempted to be used, or intended to be used in
849 violation of the beverage or tobacco laws of the state.
850 4. Any motor fuel upon which the motor fuel tax has not
851 been paid as required by law.
852 5. Any personal property, including, but not limited to,
853 any vessel, aircraft, item, object, tool, substance, device,
854 weapon, machine, vehicle of any kind, money, securities, books,
855 records, research, negotiable instruments, or currency, which
856 was used or was attempted to be used as an instrumentality in
857 the commission of, or in aiding or abetting in the commission
858 of, any felony, whether or not comprising an element of the
859 felony, or which is acquired by proceeds obtained as a result of
860 a violation of the Florida Contraband Forfeiture Act.
861 6. Any real property, including any right, title,
862 leasehold, or other interest in the whole of any lot or tract of
863 land, which was used, is being used, or was attempted to be used
864 as an instrumentality in the commission of, or in aiding or
865 abetting in the commission of, any felony, or which is acquired
866 by proceeds obtained as a result of a violation of the Florida
867 Contraband Forfeiture Act.
868 7. Any personal property, including, but not limited to,
869 equipment, money, securities, books, records, research,
870 negotiable instruments, currency, or any vessel, aircraft, item,
871 object, tool, substance, device, weapon, machine, or vehicle of
872 any kind in the possession of or belonging to any person who
873 takes aquaculture products in violation of s. 812.014(2)(c).
874 8. Any motor vehicle offered for sale in violation of s.
875 320.28.
876 9. Any motor vehicle used during the course of committing
877 an offense in violation of s. 322.34(9)(a).
878 10. Any photograph, film, or other recorded image,
879 including an image recorded on videotape, a compact disc,
880 digital tape, or fixed disk, that is recorded in violation of s.
881 810.145 and is possessed for the purpose of amusement,
882 entertainment, sexual arousal, gratification, or profit, or for
883 the purpose of degrading or abusing another person.
884 11. Any real property, including any right, title,
885 leasehold, or other interest in the whole of any lot or tract of
886 land, which is acquired by proceeds obtained as a result of
887 Medicaid fraud under s. 409.920 or s. 409.9201; any personal
888 property, including, but not limited to, equipment, money,
889 securities, books, records, research, negotiable instruments, or
890 currency; or any vessel, aircraft, item, object, tool,
891 substance, device, weapon, machine, or vehicle of any kind in
892 the possession of or belonging to any person which is acquired
893 by proceeds obtained as a result of Medicaid fraud under s.
894 409.920 or s. 409.9201.
895 12. Any personal property, including, but not limited to,
896 any vehicle, item, object, tool, device, weapon, machine, money,
897 security, book, or record, that is used or attempted to be used
898 as an instrumentality in the commission of, or in aiding and
899 abetting in the commission of, a person’s third or subsequent
900 violation of s. 509.144, whether or not comprising an element of
901 the offense.
902 Section 8. The Division of Law Revision shall prepare a
903 reviser’s bill to conform the Florida Statutes to the transfer
904 described in section 6 of this act.
905 Section 9. Except as otherwise expressly provided in this
906 act, this act shall take effect July 1, 2021.