Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for SB 4-A Ì182946HÎ182946 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 05/18/2021 12:17 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hutson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 227 - 521 4 and insert: 5 Constitution. In addition to such power, the Governor must 6 remove a member who is convicted of or found guilty of or has 7 pled nolo contendere to, regardless of adjudication, in any 8 jurisdiction, a misdemeanor that directly relates to gambling, 9 dishonesty, theft, or fraud. 10 (d) Upon the resignation or removal from office of a member 11 of the commission, the Governor shall appoint a successor 12 pursuant to paragraph (a) who, subject to confirmation by the 13 Senate, shall serve the remainder of the unfinished term. 14 (3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.— 15 (a) A person may not be appointed by the Governor to the 16 commission until a level 2 background screening pursuant to 17 chapter 435 is performed, the results are forwarded to the 18 Governor, and the Governor determines that the person meets all 19 the requirements for appointment under this section. However, a 20 person who is prohibited from being appointed under s. 16.713 21 may not be appointed by the Governor. 22 (b) The Governor may not solicit or request any 23 nominations, recommendations, or communications about potential 24 candidates for appointment to the commission from: 25 1. Any person that holds a permit or license issued under 26 chapter 550, or a license issued under chapter 551 or chapter 27 849; an officer, official, or employee of such permitholder or 28 licensee; or an ultimate equitable owner, as defined in s. 29 550.002(37), of such permitholder or licensee; 30 2. Any officer, official, employee, or other person with 31 duties or responsibilities relating to a gaming operation owned 32 by an Indian tribe that has a valid and active compact with the 33 state; a contractor or subcontractor of such tribe or an entity 34 employed, licensed, or contracted by such tribe; or an ultimate 35 equitable owner, as defined in s. 550.002(37), of such entity; 36 or 37 3. Any registered lobbyist for the executive or legislative 38 branch who represents any person or entity identified in 39 subparagraph 1. or subparagraph 2. 40 (4) EXECUTIVE DIRECTOR.— 41 (a) To aid the commission in its duties, the commission 42 must appoint a person who is not a member of the commission to 43 serve as the executive director of the commission. A person may 44 not be appointed as executive director until a level 2 45 background screening pursuant to chapter 435 is performed, the 46 results are forwarded to the commission, and the commission 47 determines that the person meets all the requirements for 48 appointment as the executive director. The executive director 49 shall supervise, direct, coordinate, and administer all 50 activities necessary to fulfill the commission’s 51 responsibilities. The commission must appoint the executive 52 director by April 1, 2022. 53 (b) The executive director, with the consent of the 54 commission, shall employ such staff as are necessary to 55 adequately perform the functions of the commission, within 56 budgetary limitations. 57 (c) The executive director shall maintain headquarters in 58 and reside in Leon County. 59 (d) The salary of the executive director is equal to that 60 paid under state law to a commissioner on the Florida Public 61 Service Commission. 62 (5) INSPECTOR GENERAL.—The chair of the commission shall 63 appoint an inspector general who shall perform the duties of an 64 inspector general under s. 20.055. 65 Section 3. Section 16.711, Florida Statutes, is created to 66 read: 67 16.711 Division of Gaming Enforcement; creation; duties.— 68 (1) There is created within the Florida Gaming Control 69 Commission a Division of Gaming Enforcement. The Division of 70 Gaming Enforcement shall be considered a criminal justice agency 71 as defined in s. 943.045. 72 (2) The commissioners shall appoint a director of the 73 Division of Gaming Enforcement who is qualified by training and 74 experience in law enforcement or security to supervise, direct, 75 coordinate, and administer all activities of the division. 76 (3) The director and all investigators employed by the 77 division must meet the requirements for employment and 78 appointment provided by s. 943.13 and must be certified as law 79 enforcement officers as defined in s. 943.10(1). The director 80 and such investigators shall be designated law enforcement 81 officers and shall have the power to detect, apprehend, and 82 arrest for any alleged violation of chapter 24, part II of 83 chapter 285, chapter 546, chapter 550, chapter 551, or chapter 84 849, or any rule adopted pursuant thereto, or any law of this 85 state. Such law enforcement officers may enter upon any premises 86 at which gaming activities are taking place in the state for the 87 performance of their lawful duties and may take with them any 88 necessary equipment, and such entry does not constitute a 89 trespass. In any instance in which there is reason to believe 90 that a violation has occurred, such officers have the authority, 91 without warrant, to search and inspect any premises where the 92 violation is alleged to have occurred or is occurring. Any such 93 officer may, consistent with the United States and Florida 94 Constitutions, seize or take possession of any papers, records, 95 tickets, currency, or other items related to any alleged 96 violation. Investigators employed by the commission shall also 97 have access to, and shall have the right to inspect, premises 98 licensed by the commission, to collect taxes and remit them to 99 the officer entitled to them, and to examine the books and 100 records of all persons licensed by the commission. 101 (4)(a) The division and its investigators are specifically 102 authorized to seize any contraband in accordance with the 103 Florida Contraband Forfeiture Act. For purposes of this section, 104 the term “contraband” has the same meaning as the term 105 “contraband article” in s. 932.701(2)(a)2. 106 (b) The division is specifically authorized to store and 107 test any contraband that is seized in accordance with the 108 Florida Contraband Forfeiture Act and may authorize any of its 109 staff to implement this paragraph. 110 (c) This subsection does not limit the authority of any 111 other person authorized by law to seize contraband. 112 (5) The Department of Law Enforcement shall provide 113 assistance in obtaining criminal history information relevant to 114 investigations required for honest, secure, and exemplary gaming 115 operations, and such other assistance as may be requested by the 116 executive director of the commission and agreed to by the 117 executive director of the Department of Law Enforcement. Any 118 other state agency, including the Department of Business and 119 Professional Regulation and the Department of Revenue, shall, 120 upon request, provide the commission with any information 121 relevant to any investigation conducted pursuant to this 122 section. The commission shall reimburse any agency for the 123 actual cost of providing any assistance pursuant to this 124 subsection. 125 Section 4. Effective July 1, 2022, section 16.712, Florida 126 Statutes, is created to read: 127 16.712 Florida Gaming Control Commission authorizations, 128 duties, and responsibilities.— 129 (1) The commission shall do all of the following: 130 (a) Exercise all of the regulatory and executive powers of 131 the state with respect to gambling, including, without 132 limitation thereto, pari-mutuel wagering, cardrooms, slot 133 machine facilities, oversight of gaming compacts executed by the 134 state pursuant to the Federal Indian Gaming Regulatory Act, and 135 any other forms of gambling authorized by the State Constitution 136 or law, excluding games authorized by s. 15, Art. X of the State 137 Constitution. 138 (b) Establish procedures consistent with chapter 120 to 139 ensure adequate due process in the exercise of its regulatory 140 and executive functions. 141 (c) Ensure that the laws of this state are not interpreted 142 in any manner that expands the activities authorized in chapter 143 24, part II of chapter 285, chapter 546, chapter 550, chapter 144 551, or chapter 849. 145 (d) Review the rules and regulations promulgated by the 146 Seminole Tribal Gaming Commission for the operation of sports 147 betting and propose to the Seminole Tribal Gaming Commission any 148 additional consumer protection measures it deems appropriate. 149 The proposed consumer protection measures may include, but are 150 not limited to, the types of advertising and marketing conducted 151 for sports betting, the types of procedures implemented to 152 prohibit underage persons from engaging in sports betting, and 153 the types of information, materials, and procedures needed to 154 assist patrons with compulsive or addictive gambling problems. 155 (e) Evaluate, as the state compliance agency or as the 156 commission, information that is reported by sports governing 157 bodies or other parties to the commission related to any 158 abnormal betting activity or patterns that may indicate a 159 concern about the integrity of a sports event or events; any 160 other conduct with the potential to corrupt a betting outcome of 161 a sports event for purposes of financial gain, including, but 162 not limited to, match fixing; suspicious or illegal wagering 163 activities, including the use of funds derived from illegal 164 activity, wagers to conceal or launder funds derived from 165 illegal activity, use of agents to place wagers, or use of false 166 identification; and the use of data deemed unacceptable by the 167 commission or the Seminole Tribal Gaming Commission, and provide 168 reasonable notice to state and local law enforcement, the 169 Seminole Tribal Gaming Commission, and any appropriate sports 170 governing body of nonproprietary information that may warrant 171 further investigation by such entities to ensure the integrity 172 of wagering activities in the state. 173 (f) Review any matter within the scope of the jurisdiction 174 of the Division of Pari-mutuel Wagering. 175 (g) Review the regulation of licensees, permitholders, or 176 persons regulated by the Division of Pari-mutuel Wagering and 177 the procedures used by the division to implement and enforce the 178 law. 179 (h) Review the procedures of the Division of Pari-mutuel 180 Wagering which are used to qualify applicants applying for a 181 license, permit, or registration. 182 (i) Receive and review violations reported by a state or 183 local law enforcement agency, the Department of Law Enforcement, 184 the Department of Legal Affairs, the Department of Agriculture 185 and Consumer Services, the Department of Business and 186 Professional Regulation, the Department of the Lottery, the 187 Seminole Tribe of Florida, or any person licensed under chapter 188 24, part II of chapter 285, chapter 550, chapter 551, or chapter 189 849 and determine whether such violation is appropriate for 190 referral to the Office of Statewide Prosecution. 191 (j) Refer criminal violations of chapter 24, part II of 192 chapter 285, chapter 546, chapter 550, chapter 551, or chapter 193 849 to the appropriate state attorney or to the Office of 194 Statewide Prosecution, as applicable. 195 (k) Exercise all other powers and perform any other duties 196 prescribed by the Legislature. 197 (2)(a) The commission may adopt rules to implement this 198 section. 199 (b) The commission may subpoena witnesses and compel their 200 attendance and testimony, administer oaths and affirmations, 201 take evidence, and require by subpoena the production of any 202 books, papers, records, or other items relevant to the 203 performance of the duties of the commission or to the exercise 204 of its powers. 205 (c) The commission may submit written recommendations to 206 enhance the enforcement of gaming laws of the state to the 207 Governor, the President of the Senate, and the Speaker of the 208 House of Representatives. 209 (3) By December 1 of each year, the commission shall make 210 an annual report to the Governor, the President of the Senate, 211 and the Speaker of the House of Representatives. The report 212 must, at a minimum, include all of the following: 213 (a) Recent events in the gaming industry, including pending 214 litigation, pending facility license applications, and new and 215 pending rules. 216 (b) Actions of the commission relative to the 217 implementation and administration of this section. 218 (c) The state revenues and expenses associated with each 219 form of authorized gaming. Revenues and expenses associated with 220 pari-mutuel wagering shall be further delineated by the class of 221 license. 222 (d) The performance of each pari-mutuel wagering licensee, 223 cardroom licensee, and slot licensee. 224 (e) Actions of the commission as the state compliance 225 agency, and financial information published by the Office of 226 Economic and Demographic Research, relative to gaming activities 227 authorized pursuant to s. 285.710(13). 228 (f) A summary of disciplinary actions taken by the 229 commission. 230 (g) The receipts and disbursements of the commission. 231 (h) A summary of actions taken and investigations conducted 232 by the commission. 233 (i) Any additional information and recommendations that the 234 commission considers useful or that the Governor, the President 235 of the Senate, or the Speaker of the House of Representatives 236 requests. 237 (4) The commission shall annually develop a legislative 238 budget request pursuant to chapter 216. Such request is not 239 subject to change by the Department of Legal Affairs or the 240 Attorney General, but shall be submitted by the Department of 241 Legal Affairs to the Governor for transmittal to the 242 Legislature. 243 (5) The commission is authorized to contract or consult 244 with appropriate agencies of state government for such 245 professional assistance as may be needed in the discharge of its 246 duties. 247 (6) The commission shall exercise all of its regulatory and 248 executive powers and shall adopt, apply, construe, and interpret 249 all laws and administrative rules in a manner consistent with 250 the gaming compact ratified, approved, and described in s. 251 285.710(3). 252 (7) The commission shall confirm, prior to the issuance of 253 an operating license, that each permitholder has submitted proof 254 with their annual application for a license, in such a form as 255 the commission may require, that the permitholder continues to 256 possess the qualifications prescribed by chapter 550, and that 257 the permit has not been disapproved by voters in an election. 258 Section 5. Section 16.713, Florida Statutes, is created to 259 read: 260 16.713 Florida Gaming Control Commission; appointment and 261 employment restrictions.— 262 (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION. 263 The following persons are ineligible for appointment to the 264 commission: 265 (a) A person who holds any office in a political party. 266 (b) A person who within the previous 10 years has been 267 convicted of or found guilty of or has pled nolo contendere to, 268 regardless of adjudication, in any jurisdiction, any felony, or 269 a misdemeanor that directly related to gambling, dishonesty, 270 theft, or fraud. 271 (c) A person who has been convicted of or found guilty of 272 or pled nolo contendere to, regardless of adjudication, in any 273 jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08. 274 (d) A person who has had a license or permit issued under 275 chapter 550, chapter 551, or chapter 849 or a gaming license 276 issued by any other jurisdiction denied, suspended, or revoked. 277 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 278 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 279 COMMISSION.— 280 (a) A person may not, for the 2 years immediately preceding 281 the date of appointment to or employment with the commission and 282 while appointed to or employed with the commission: 283 1. Hold a permit or license issued under chapter 550 or a 284 license issued under chapter 551 or chapter 849; be an officer, 285 official, or employee of such permitholder or licensee; or be an 286 ultimate equitable owner, as defined in s. 550.002(37), of such 287 permitholder or licensee; 288 2. Be an officer, official, employee, or other person with 289 duties or responsibilities relating to a gaming operation owned 290 by an Indian tribe that has a valid and active compact with the 291 state; be a contractor or subcontractor of such tribe or an 292 entity employed, licensed, or contracted by such tribe; or be an 293 ultimate equitable owner, as defined in s. 550.002(37), of such 294 entity; 295 3. Be a registered lobbyist for the executive or 296 legislative branch, except while a commissioner or employee of 297 the commission when officially representing the commission; or 298 4. Be a bingo game operator or an employee of a bingo game 299 300 ================= T I T L E A M E N D M E N T ================ 301 And the title is amended as follows: 302 Between lines 11 and 12 303 insert: 304 requiring the Governor to remove or suspend members of 305 the commission under certain circumstances;