Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 4-A
       
       
       
       
       
       
                                Ì182946HÎ182946                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             05/18/2021 12:17 PM       .                                
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       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         16.711Division 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         16.712Florida 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         16.713Florida 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;