Florida Senate - 2021                                     SB 4-A
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00003-21A                                             20214A__
    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 certain crimes
    6         referred by the Florida Gaming Control Commission;
    7         creating s. 16.71, F.S.; creating the Florida Gaming
    8         Control Commission within the Office of the Attorney
    9         General; providing for membership of the commission;
   10         authorizing the Governor to remove or suspend members
   11         of the commission under certain circumstances;
   12         providing requirements and prohibitions relating to
   13         appointments; requiring the commission to appoint an
   14         executive director; providing requirements and duties
   15         for the executive director; requiring the chair of the
   16         commission to appoint an inspector general; creating
   17         s. 16.711, F.S.; creating the Division of Gaming
   18         Enforcement within the commission; specifying that the
   19         division shall be considered a criminal justice
   20         agency; requiring the commissioners to appoint a
   21         director of the division; providing requirements,
   22         powers, and duties of the director and investigators;
   23         authorizing the division and its investigators to
   24         seize and store certain contraband; defining the term
   25         “contraband”; providing construction; requiring the
   26         Department of Law Enforcement to provide certain
   27         assistance at the request of the division; requiring
   28         the commission to reimburse agencies for the actual
   29         cost of providing assistance; creating s. 16.712,
   30         F.S.; providing duties and responsibilities of the
   31         commission; authorizing the commission to take
   32         specified actions; requiring the commission to submit
   33         an annual report to the Governor and the Legislature;
   34         providing construction; creating s. 16.713, F.S.;
   35         specifying that certain persons are ineligible for
   36         appointment to or employment with the commission;
   37         providing prohibitions for commissioners and employees
   38         of the commission; defining the term “relative”;
   39         requiring commissioners and employees to provide
   40         notice relating to certain crimes; creating s. 16.714,
   41         F.S.; requiring the Department of Law Enforcement to
   42         perform specified background screenings upon the
   43         request of the division; requiring the commission to
   44         reimburse the department; requiring the division to
   45         conduct certain investigations; creating s. 16.715,
   46         F.S.; providing construction; providing standards of
   47         conduct for commissioners and employees of the
   48         commission; requiring commissioners and employees of
   49         the commission to complete specified annual training;
   50         requiring the Commission on Ethics to accept and
   51         investigate any alleged violations of the standards of
   52         conduct for commissioners and employees; providing
   53         requirements relating to such investigations;
   54         requiring a report to the Governor and the
   55         Legislature; authorizing a commissioner or an employee
   56         of the Florida Gaming Control Commission to request an
   57         advisory opinion from the Commission on Ethics;
   58         prohibiting certain persons from placing wagers in a
   59         facility licensed by the Florida Gaming Control
   60         Commission or by an Indian tribe that has a valid and
   61         active compact with the state; providing prohibitions
   62         for former commissioners and former employees of the
   63         commission; providing civil penalties; defining the
   64         term “ex parte communication”; providing prohibitions
   65         and requirements relating to ex parte communications;
   66         providing civil penalties; amending s. 20.055, F.S.;
   67         revising definitions; amending s. 20.165, F.S.;
   68         conforming a provision to changes made by the act;
   69         amending s. 285.710, F.S.; revising the definition of
   70         the term “state compliance agency”; designating the
   71         commission as the state compliance agency having
   72         authority to carry out certain responsibilities;
   73         transferring to the commission by a type two transfer
   74         all powers, duties, functions, records, offices,
   75         personnel, associated administrative support
   76         positions, property, pending issues, existing
   77         contracts, administrative authority, administrative
   78         rules, and unexpended balances of appropriations,
   79         allocations, and other funds of the Department of
   80         Business and Professional Regulation related to
   81         certain responsibilities, effective on a specified
   82         date; transferring the Pari-mutuel Wagering Trust Fund
   83         to the commission, effective on a specified date;
   84         amending s. 932.701, F.S.; revising the definition of
   85         the term “contraband article”; providing a directive
   86         to the Division of Law Revision; providing an
   87         appropriation; requiring the department to provide
   88         administrative support for the commission during a
   89         specified fiscal year; requiring the department, in
   90         coordination with the Department of Legal Affairs and
   91         the Department of Management Services, to establish a
   92         working group for a specified purpose; providing
   93         requirements for such working group; providing
   94         construction; providing contingent effective dates.
   95          
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Paragraph (a) of subsection (1) of section
   99  16.56, Florida Statutes, is amended to read:
  100         16.56 Office of Statewide Prosecution.—
  101         (1) There is created in the Department of Legal Affairs an
  102  Office of Statewide Prosecution. The office shall be a separate
  103  “budget entity” as that term is defined in chapter 216. The
  104  office may:
  105         (a) Investigate and prosecute the offenses of:
  106         1. Bribery, burglary, criminal usury, extortion, gambling,
  107  kidnapping, larceny, murder, prostitution, perjury, robbery,
  108  carjacking, home-invasion robbery, and patient brokering;
  109         2. Any crime involving narcotic or other dangerous drugs;
  110         3. Any violation of the Florida RICO (Racketeer Influenced
  111  and Corrupt Organization) Act, including any offense listed in
  112  the definition of racketeering activity in s. 895.02(8)(a),
  113  providing such listed offense is investigated in connection with
  114  a violation of s. 895.03 and is charged in a separate count of
  115  an information or indictment containing a count charging a
  116  violation of s. 895.03, the prosecution of which listed offense
  117  may continue independently if the prosecution of the violation
  118  of s. 895.03 is terminated for any reason;
  119         4. Any violation of the Florida Anti-Fencing Act;
  120         5. Any violation of the Florida Antitrust Act of 1980, as
  121  amended;
  122         6. Any crime involving, or resulting in, fraud or deceit
  123  upon any person;
  124         7. Any violation of s. 847.0135, relating to computer
  125  pornography and child exploitation prevention, or any offense
  126  related to a violation of s. 847.0135 or any violation of
  127  chapter 827 where the crime is facilitated by or connected to
  128  the use of the Internet or any device capable of electronic data
  129  storage or transmission;
  130         8. Any violation of chapter 815;
  131         9. Any criminal violation of part I of chapter 499;
  132         10. Any violation of the Florida Motor Fuel Tax Relief Act
  133  of 2004;
  134         11. Any criminal violation of s. 409.920 or s. 409.9201;
  135         12. Any crime involving voter registration, voting, or
  136  candidate or issue petition activities;
  137         13. Any criminal violation of the Florida Money Laundering
  138  Act;
  139         14. Any criminal violation of the Florida Securities and
  140  Investor Protection Act; or
  141         15. Any violation of chapter 787, as well as any and all
  142  offenses related to a violation of chapter 787; or
  143         16.Any criminal violation of chapter 24, part II of
  144  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  145  849 referred to the Office of Statewide Prosecution by the
  146  Florida Gaming Control Commission;
  147  
  148  or any attempt, solicitation, or conspiracy to commit any of the
  149  crimes specifically enumerated above. The office shall have such
  150  power only when any such offense is occurring, or has occurred,
  151  in two or more judicial circuits as part of a related
  152  transaction, or when any such offense is connected with an
  153  organized criminal conspiracy affecting two or more judicial
  154  circuits. Informations or indictments charging such offenses
  155  shall contain general allegations stating the judicial circuits
  156  and counties in which crimes are alleged to have occurred or the
  157  judicial circuits and counties in which crimes affecting such
  158  circuits or counties are alleged to have been connected with an
  159  organized criminal conspiracy.
  160         Section 2. Section 16.71, Florida Statutes, is created to
  161  read:
  162         16.71Florida Gaming Control Commission; creation;
  163  meetings; membership.—
  164         (1)CREATION; MEETINGS.—
  165         (a)There is created within the Department of Legal
  166  Affairs, Office of the Attorney General, the Florida Gaming
  167  Control Commission, hereinafter referred to as the commission.
  168  The commission shall be a separate budget entity and the
  169  commissioners shall serve as the agency head. The commission’s
  170  exercise of executive powers in the area of planning, budgeting,
  171  personnel management, and purchasing shall be as provided by
  172  law.
  173         (b)The commission is not subject to control, supervision,
  174  or direction by the Department of Legal Affairs or the Attorney
  175  General in the performance of its duties, including, but not
  176  limited to, personnel, purchasing transactions involving real or
  177  personal property, and budgetary matters.
  178         (c)The commission shall convene at the call of its chair
  179  or at the request of a majority of the members of the
  180  commission. Meetings may be held via teleconference or other
  181  electronic means. Three members of the commission constitute a
  182  quorum, and the affirmative vote of the majority of a quorum is
  183  required for any action or recommendation by the commission.
  184  However, notwithstanding any other provision of law, the
  185  affirmative vote of three members is required to adopt a
  186  proposed rule, including an amendment to or repeal of an
  187  existing rule that meets or exceeds any of the criteria in s.
  188  120.54(3)(b)1. or s. 120.541(2)(a). The commission may meet in
  189  any city or county of the state.
  190         (2)MEMBERSHIP.—
  191         (a)The commission shall consist of five members appointed
  192  by the Governor, and subject to confirmation by the Senate, for
  193  terms of 4 years. Members of the commission must be appointed by
  194  January 1, 2022. Of the initial five members appointed by the
  195  Governor, and immediately upon appointment, the Governor shall
  196  appoint one of the members as the initial chair and one of the
  197  members as the initial vice chair. The initial chair and initial
  198  vice chair shall serve a minimum of 2 years. At the end of the
  199  initial chair’s and initial vice chair’s terms, the commission
  200  shall elect one of the members of the commission as chair and
  201  one of the members of the commission as vice chair.
  202         1.For the purpose of providing staggered terms, of the
  203  initial appointments, two members shall be appointed to 4-year
  204  terms, two members shall be appointed to 3-year terms, and one
  205  member shall be appointed to a 2-year term.
  206         2.Of the five members, at least one member must have at
  207  least 10 years of experience in law enforcement and criminal
  208  investigations, at least one member must be a certified public
  209  accountant licensed in this state with at least 10 years of
  210  experience in accounting and auditing, and at least one member
  211  must be an attorney admitted and authorized to practice law in
  212  this state for at least the preceding 10 years.
  213         3.Of the five members, each appellate district shall have
  214  one member appointed from the district to the commission who is
  215  a resident of the district at the time of the original
  216  appointment.
  217         (b)A commissioner shall serve until a successor is
  218  appointed, but commissioners may not serve more than 12 years.
  219  Vacancies shall be filled for the unexpired portion of the term.
  220  The salary of each commissioner is equal to that paid under
  221  state law to a commissioner on the Florida Public Service
  222  Commission.
  223         (c)The Governor shall have the same power to remove or
  224  suspend commissioners as set forth in s. 7, Art. IV of the State
  225  Constitution. In addition to such power, the Governor may remove
  226  a member who is convicted of or found guilty of or has pled nolo
  227  contendere to, regardless of adjudication, in any jurisdiction,
  228  a misdemeanor that directly relates to gambling, dishonesty,
  229  theft, or fraud.
  230         (d)Upon the resignation or removal from office of a member
  231  of the commission, the Governor shall appoint a successor
  232  pursuant to paragraph (a) who, subject to confirmation by the
  233  Senate, shall serve the remainder of the unfinished term.
  234         (3)REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—
  235         (a)A person may not be appointed by the Governor to the
  236  commission until a level 2 background screening pursuant to
  237  chapter 435 is performed, the results are forwarded to the
  238  Governor, and the Governor determines that the person meets all
  239  the requirements for appointment under this section. However, a
  240  person who is prohibited from being appointed under s. 16.713
  241  may not be appointed by the Governor.
  242         (b)The Governor may not solicit or request any
  243  nominations, recommendations, or communications about potential
  244  candidates for appointment to the commission from:
  245         1.Any person that holds a permit or license issued under
  246  chapter 550, or a license issued under chapter 551 or chapter
  247  849; an officer, official, or employee of such permitholder or
  248  licensee; or an ultimate equitable owner, as defined in s.
  249  550.002(37), of such permitholder or licensee;
  250         2.Any officer, official, employee, or other person with
  251  duties or responsibilities relating to a gaming operation owned
  252  by an Indian tribe that has a valid and active compact with the
  253  state; a contractor or subcontractor of such tribe or an entity
  254  employed, licensed, or contracted by such tribe; or an ultimate
  255  equitable owner, as defined in s. 550.002(37), of such entity;
  256  or
  257         3.Any registered lobbyist for the executive or legislative
  258  branch who represents any person or entity identified in
  259  subparagraph 1. or subparagraph 2.
  260         (4)EXECUTIVE DIRECTOR.—
  261         (a)To aid the commission in its duties, the commission
  262  must appoint a person who is not a member of the commission to
  263  serve as the executive director of the commission. A person may
  264  not be appointed as executive director until a level 2
  265  background screening pursuant to chapter 435 is performed, the
  266  results are forwarded to the commission, and the commission
  267  determines that the person meets all the requirements for
  268  appointment as the executive director. The executive director
  269  shall supervise, direct, coordinate, and administer all
  270  activities necessary to fulfill the commission’s
  271  responsibilities. The commission must appoint the executive
  272  director by April 1, 2022.
  273         (b)The executive director, with the consent of the
  274  commission, shall employ such staff as are necessary to
  275  adequately perform the functions of the commission, within
  276  budgetary limitations.
  277         (c)The executive director shall maintain headquarters in
  278  and reside in Leon County.
  279         (d)The salary of the executive director is equal to that
  280  paid under state law to a commissioner on the Florida Public
  281  Service Commission.
  282         (5)INSPECTOR GENERAL.—The chair of the commission shall
  283  appoint an inspector general who shall perform the duties of an
  284  inspector general under s. 20.055.
  285         Section 3. Section 16.711, Florida Statutes, is created to
  286  read:
  287         16.711Division of Gaming Enforcement; creation; duties.—
  288         (1)There is created within the Florida Gaming Control
  289  Commission a Division of Gaming Enforcement. The Division of
  290  Gaming Enforcement shall be considered a criminal justice agency
  291  as defined in s. 943.045.
  292         (2)The commissioners shall appoint a director of the
  293  Division of Gaming Enforcement who is qualified by training and
  294  experience in law enforcement or security to supervise, direct,
  295  coordinate, and administer all activities of the division.
  296         (3)The director and all investigators employed by the
  297  division must meet the requirements for employment and
  298  appointment provided by s. 943.13 and must be certified as law
  299  enforcement officers as defined in s. 943.10(1). The director
  300  and such investigators shall be designated law enforcement
  301  officers and shall have the power to detect, apprehend, and
  302  arrest for any alleged violation of chapter 24, part II of
  303  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  304  849, or any rule adopted pursuant thereto, or any law of this
  305  state. Such law enforcement officers may enter upon any premises
  306  at which gaming activities are taking place in the state for the
  307  performance of their lawful duties and may take with them any
  308  necessary equipment, and such entry does not constitute a
  309  trespass. In any instance in which there is reason to believe
  310  that a violation has occurred, such officers have the authority,
  311  without warrant, to search and inspect any premises where the
  312  violation is alleged to have occurred or is occurring. Any such
  313  officer may, consistent with the United States and Florida
  314  Constitutions, seize or take possession of any papers, records,
  315  tickets, currency, or other items related to any alleged
  316  violation. Investigators employed by the commission shall also
  317  have access to, and shall have the right to inspect, premises
  318  licensed by the commission, to collect taxes and remit them to
  319  the officer entitled to them, and to examine the books and
  320  records of all persons licensed by the commission.
  321         (4)(a)The division and its investigators are specifically
  322  authorized to seize any contraband in accordance with the
  323  Florida Contraband Forfeiture Act. For purposes of this section,
  324  the term “contraband” has the same meaning as the term
  325  “contraband article” in s. 932.701(2)(a)2.
  326         (b)The division is specifically authorized to store and
  327  test any contraband that is seized in accordance with the
  328  Florida Contraband Forfeiture Act and may authorize any of its
  329  staff to implement this paragraph.
  330         (c)This subsection does not limit the authority of any
  331  other person authorized by law to seize contraband.
  332         (5)The Department of Law Enforcement shall provide
  333  assistance in obtaining criminal history information relevant to
  334  investigations required for honest, secure, and exemplary gaming
  335  operations, and such other assistance as may be requested by the
  336  executive director of the commission and agreed to by the
  337  executive director of the Department of Law Enforcement. Any
  338  other state agency, including the Department of Business and
  339  Professional Regulation and the Department of Revenue, shall,
  340  upon request, provide the commission with any information
  341  relevant to any investigation conducted pursuant to this
  342  section. The commission shall reimburse any agency for the
  343  actual cost of providing any assistance pursuant to this
  344  subsection.
  345         Section 4. Effective July 1, 2022, section 16.712, Florida
  346  Statutes, is created to read:
  347         16.712Florida Gaming Control Commission authorizations,
  348  duties, and responsibilities.—
  349         (1)The commission shall do all of the following:
  350         (a)Exercise all of the regulatory and executive powers of
  351  the state with respect to gambling, including, without
  352  limitation thereto, pari-mutuel wagering, cardrooms, slot
  353  machine facilities, oversight of gaming compacts executed by the
  354  state pursuant to the Federal Indian Gaming Regulatory Act, and
  355  any other forms of gambling authorized by the State Constitution
  356  or law, excluding games authorized by s. 15, Art. X of the State
  357  Constitution.
  358         (b)Establish procedures consistent with chapter 120 to
  359  ensure adequate due process in the exercise of its regulatory
  360  and executive functions.
  361         (c)Ensure that the laws of this state are not interpreted
  362  in any manner that expands the activities authorized in chapter
  363  24, part II of chapter 285, chapter 546, chapter 550, chapter
  364  551, or chapter 849.
  365         (d)Review the rules and regulations promulgated by the
  366  Seminole Tribal Gaming Commission for the operation of sports
  367  betting and propose to the Seminole Tribal Gaming Commission any
  368  additional consumer protection measures it deems appropriate.
  369  The proposed consumer protection measures may include, but are
  370  not limited to, the types of advertising and marketing conducted
  371  for sports betting, the types of procedures implemented to
  372  prohibit underage persons from engaging in sports betting, and
  373  the types of information, materials, and procedures needed to
  374  assist patrons with compulsive or addictive gambling problems.
  375         (e)Evaluate, as the state compliance agency or as the
  376  commission, information that is reported by sports governing
  377  bodies or other parties to the commission related to any
  378  abnormal betting activity or patterns that may indicate a
  379  concern about the integrity of a sports event or events; any
  380  other conduct with the potential to corrupt a betting outcome of
  381  a sports event for purposes of financial gain, including, but
  382  not limited to, match fixing; suspicious or illegal wagering
  383  activities, including the use of funds derived from illegal
  384  activity, wagers to conceal or launder funds derived from
  385  illegal activity, use of agents to place wagers, or use of false
  386  identification; and the use of data deemed unacceptable by the
  387  commission or the Seminole Tribal Gaming Commission, and provide
  388  reasonable notice to state and local law enforcement, the
  389  Seminole Tribal Gaming Commission, and any appropriate sports
  390  governing body of nonproprietary information that may warrant
  391  further investigation by such entities to ensure the integrity
  392  of wagering activities in the state.
  393         (f)Review any matter within the scope of the jurisdiction
  394  of the Division of Pari-mutuel Wagering.
  395         (g)Review the regulation of licensees, permitholders, or
  396  persons regulated by the Division of Pari-mutuel Wagering and
  397  the procedures used by the division to implement and enforce the
  398  law.
  399         (h)Review the procedures of the Division of Pari-mutuel
  400  Wagering which are used to qualify applicants applying for a
  401  license, permit, or registration.
  402         (i)Receive and review violations reported by a state or
  403  local law enforcement agency, the Department of Law Enforcement,
  404  the Department of Legal Affairs, the Department of Agriculture
  405  and Consumer Services, the Department of Business and
  406  Professional Regulation, the Department of the Lottery, the
  407  Seminole Tribe of Florida, or any person licensed under chapter
  408  24, part II of chapter 285, chapter 550, chapter 551, or chapter
  409  849 and determine whether such violation is appropriate for
  410  referral to the Office of Statewide Prosecution.
  411         (j)Refer criminal violations of chapter 24, part II of
  412  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  413  849 to the appropriate state attorney or to the Office of
  414  Statewide Prosecution, as applicable.
  415         (k)Exercise all other powers and perform any other duties
  416  prescribed by the Legislature.
  417         (2)(a)The commission may adopt rules to implement this
  418  section.
  419         (b)The commission may subpoena witnesses and compel their
  420  attendance and testimony, administer oaths and affirmations,
  421  take evidence, and require by subpoena the production of any
  422  books, papers, records, or other items relevant to the
  423  performance of the duties of the commission or to the exercise
  424  of its powers.
  425         (c)The commission may submit written recommendations to
  426  enhance the enforcement of gaming laws of the state to the
  427  Governor, the President of the Senate, and the Speaker of the
  428  House of Representatives.
  429         (3)By December 1 of each year, the commission shall make
  430  an annual report to the Governor, the President of the Senate,
  431  and the Speaker of the House of Representatives. The report
  432  must, at a minimum, include all of the following:
  433         (a)Recent events in the gaming industry, including pending
  434  litigation, pending facility license applications, and new and
  435  pending rules.
  436         (b)Actions of the commission relative to the
  437  implementation and administration of this section.
  438         (c)The state revenues and expenses associated with each
  439  form of authorized gaming. Revenues and expenses associated with
  440  pari-mutuel wagering shall be further delineated by the class of
  441  license.
  442         (d)The performance of each pari-mutuel wagering licensee,
  443  cardroom licensee, and slot licensee.
  444         (e)Actions of the commission as the state compliance
  445  agency, and financial information published by the Office of
  446  Economic and Demographic Research, relative to gaming activities
  447  authorized pursuant to s. 285.710(13).
  448         (f)A summary of disciplinary actions taken by the
  449  commission.
  450         (g)The receipts and disbursements of the commission.
  451         (h)A summary of actions taken and investigations conducted
  452  by the commission.
  453         (i)Any additional information and recommendations that the
  454  commission considers useful or that the Governor, the President
  455  of the Senate, or the Speaker of the House of Representatives
  456  requests.
  457         (4)The commission shall annually develop a legislative
  458  budget request pursuant to chapter 216. Such request is not
  459  subject to change by the Department of Legal Affairs or the
  460  Attorney General, but shall be submitted by the Department of
  461  Legal Affairs to the Governor for transmittal to the
  462  Legislature.
  463         (5)The commission is authorized to contract or consult
  464  with appropriate agencies of state government for such
  465  professional assistance as may be needed in the discharge of its
  466  duties.
  467         (6)The commission shall exercise all of its regulatory and
  468  executive powers and shall adopt, apply, construe, and interpret
  469  all laws and administrative rules in a manner consistent with
  470  the gaming compact ratified, approved, and described in s.
  471  285.710(3).
  472         (7)The commission shall confirm, prior to the issuance of
  473  an operating license, that each permitholder has submitted proof
  474  with their annual application for a license, in such a form as
  475  the commission may require, that the permitholder continues to
  476  possess the qualifications prescribed by chapter 550, and that
  477  the permit has not been disapproved by voters in an election.
  478         Section 5. Section 16.713, Florida Statutes, is created to
  479  read:
  480         16.713Florida Gaming Control Commission; appointment and
  481  employment restrictions.—
  482         (1)PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
  483  The following persons are ineligible for appointment to the
  484  commission:
  485         (a)A person who holds any office in a political party.
  486         (b)A person who within the previous 10 years has been
  487  convicted of or found guilty of or has pled nolo contendere to,
  488  regardless of adjudication, in any jurisdiction, any felony, or
  489  a misdemeanor that directly related to gambling, dishonesty,
  490  theft, or fraud.
  491         (c)A person who has been convicted of or found guilty of
  492  or pled nolo contendere to, regardless of adjudication, in any
  493  jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
  494         (d)A person who has had a license or permit issued under
  495  chapter 550, chapter 551, or chapter 849 or a gaming license
  496  issued by any other jurisdiction denied, suspended, or revoked.
  497         (2)PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
  498  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
  499  COMMISSION.—
  500         (a)A person may not, for the 2 years immediately preceding
  501  the date of appointment to or employment with the commission and
  502  while appointed to or employed with the commission:
  503         1.Hold a permit or license issued under chapter 550 or a
  504  license issued under chapter 551 or chapter 849; be an officer,
  505  official, or employee of such permitholder or licensee; or be an
  506  ultimate equitable owner, as defined in s. 550.002(37), of such
  507  permitholder or licensee;
  508         2.Be an officer, official, employee, or other person with
  509  duties or responsibilities relating to a gaming operation owned
  510  by an Indian tribe that has a valid and active compact with the
  511  state; be a contractor or subcontractor of such tribe or an
  512  entity employed, licensed, or contracted by such tribe; or be an
  513  ultimate equitable owner, as defined in s. 550.002(37), of such
  514  entity;
  515         3.Be or have been a member of the Legislature;
  516         4.Be a registered lobbyist for the executive or
  517  legislative branch, except while a commissioner when officially
  518  representing the commission; or
  519         5.Be a bingo game operator or an employee of a bingo game
  520  operator.
  521         (b)A person is ineligible for appointment to or employment
  522  with the commission if, within the 2 years immediately preceding
  523  such appointment or employment, he or she violated paragraph (a)
  524  or solicited or accepted employment with, acquired any direct or
  525  indirect interest in, or had any direct or indirect business
  526  association, partnership, or financial relationship with, or is
  527  a relative of:
  528         1.Any person or entity who is an applicant, licensee, or
  529  registrant with the Division of Pari-mutuel Wagering or the
  530  commission; or
  531         2.Any officer, official, employee, or other person with
  532  duties or responsibilities relating to a gaming operation owned
  533  by an Indian tribe that has a valid and active compact with the
  534  state; any contractor or subcontractor of such tribe or an
  535  entity employed, licensed, or contracted by such tribe; or any
  536  ultimate equitable owner, as defined in s. 550.002(37), of such
  537  entity.
  538         (c)A person who is ineligible for employment with the
  539  commission under paragraph (b) due to being a relative of a
  540  person listed under subparagraph (b)1. or subparagraph (b)2. may
  541  submit a waiver request to the commission for the person to be
  542  considered eligible for employment. The commission shall
  543  consider waiver requests on a case-by-case basis and shall
  544  approve or deny each request. If the commission approves the
  545  request, the person is eligible for employment with the
  546  commission. This paragraph does not apply to persons seeking
  547  appointment to the commission.
  548  
  549  For the purposes of this subsection, the term “relative” means a
  550  spouse, father, mother, son, daughter, grandfather, grandmother,
  551  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  552  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  553  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  554  stepbrother, stepsister, half-brother, or half-sister.
  555         (3)PERSONS INELIGIBLE FOR EMPLOYMENT WITH THE COMMISSION.—
  556         (a)A person is ineligible for employment with the
  557  commission if he or she has been convicted of or found guilty of
  558  or pled nolo contendere to, regardless of adjudication, in any
  559  jurisdiction, a felony within 5 years before the date of
  560  application; convicted of or found guilty of or pled nolo
  561  contendere to, regardless of adjudication, in any jurisdiction,
  562  a misdemeanor within 5 years before the date of application
  563  which the commission determines bears a close relationship to
  564  the duties and responsibilities of the position for which
  565  employment is sought; or dismissed from prior employment for
  566  gross misconduct or incompetence or intentionally making a false
  567  statement concerning a material fact in connection with the
  568  application for employment to the commission.
  569         (b)If an employee of the commission is charged with a
  570  felony while employed by the commission, the commission shall
  571  suspend the employee, with or without pay, and terminate
  572  employment with the commission upon conviction. If an employee
  573  of the commission is charged with a misdemeanor while employed
  574  by the commission, the commission shall suspend the employee,
  575  with or without pay, and may terminate employment with the
  576  commission upon conviction if the commission determines that the
  577  offense bears a close relationship to the duties and
  578  responsibilities of the position held with the commission.
  579         (4)NOTIFICATION REQUIREMENTS.—
  580         (a)A commissioner or an employee of the commission must
  581  notify the commission within 3 calendar days after arrest for
  582  any offense.
  583         (b)A commissioner or an employee must immediately provide
  584  detailed written notice of the circumstances to the commission
  585  if the member or employee is indicted, charged with, convicted
  586  of, pleads guilty or nolo contendere to, or forfeits bail for:
  587         1.A misdemeanor involving gambling, dishonesty, theft, or
  588  fraud;
  589         2.A violation of any law in any state, or a law of the
  590  United States or any other jurisdiction, involving gambling,
  591  dishonesty, theft, or fraud which would constitute a misdemeanor
  592  under the laws of this state; or
  593         3.A felony under the laws of this or any other state, the
  594  United States, or any other jurisdiction.
  595         Section 6. Section 16.714, Florida Statutes, is created to
  596  read:
  597         16.714 Florida Gaming Control Commission background
  598  screening requirements; investigations by the Division of Gaming
  599  Enforcement.—
  600         (1)LEVEL 2 BACKGROUND SCREENINGS.—The Department of Law
  601  Enforcement shall, at the request of the Division of Gaming
  602  Enforcement, perform a level 2 background screening pursuant to
  603  chapter 435 on an employee of the division and on any other
  604  employee of the commission for which the commission deems a
  605  level 2 background screening necessary, including applicants for
  606  employment. The commission shall reimburse the Department of Law
  607  Enforcement for the actual costs of such investigations.
  608         (2)LEVEL 1 BACKGROUND SCREENINGS.—The Department of Law
  609  Enforcement shall, at the request of the division, perform a
  610  level 1 background screening pursuant to chapter 435 on any
  611  employee of the commission, including applicants for employment,
  612  who is not listed in subsection (1).
  613         (3)INVESTIGATIONS.—The division shall conduct
  614  investigations of members and employees of the commission,
  615  including applicants for contract or employment, as are
  616  necessary to ensure the security and integrity of gaming
  617  operations in this state. The commission may require persons
  618  subject to such investigations to provide such information,
  619  including fingerprints, as is needed by the Department of Law
  620  Enforcement for processing or as is otherwise necessary to
  621  facilitate access to state and federal criminal history
  622  information.
  623         Section 7. Section 16.715, Florida Statutes, is created to
  624  read:
  625         16.715Florida Gaming Control Commission standards of
  626  conduct; ex parte communications.—
  627         (1)STANDARDS OF CONDUCT.—
  628         (a)In addition to the provisions of part III of chapter
  629  112, which is applicable to commissioners on and employees with
  630  the Florida Gaming Control Commission by virtue of their being
  631  public officers and public employees, the conduct of
  632  commissioners and employees shall be governed by the standards
  633  of conduct provided in this subsection. Nothing shall prohibit
  634  the standards of conduct from being more restrictive than part
  635  III of chapter 112. Further, this subsection may not be
  636  construed to contravene the restrictions of part III of chapter
  637  112. In the event of a conflict between this subsection and part
  638  III of chapter 112, the more restrictive provision shall apply.
  639         (b)1.A commissioner or employee of the commission may not
  640  accept anything from any business entity that, either directly
  641  or indirectly, owns or controls any person regulated by the
  642  commission or from any business entity that, either directly or
  643  indirectly, is an affiliate or subsidiary of any person
  644  regulated by the commission.
  645         2.A commissioner or an employee may attend conferences,
  646  along with associated meals and events that are generally
  647  available to all conference participants, without payment of any
  648  fees in addition to the conference fee. Additionally, while
  649  attending a conference, a commissioner or an employee may attend
  650  meetings, meals, or events that are not sponsored, in whole or
  651  in part, by any representative of any person regulated by the
  652  commission and that are limited to commissioners or employees
  653  only, committee members, or speakers if the commissioner or
  654  employee is a member of a committee of the association of
  655  regulatory agencies which organized the conference or is a
  656  speaker at the conference. It is not a violation of this
  657  subparagraph for a commissioner or an employee to attend a
  658  conference for which conference participants who are employed by
  659  a person regulated by the commission have paid a higher
  660  conference registration fee than the commissioner or employee,
  661  or to attend a meal or event that is generally available to all
  662  conference participants without payment of any fees in addition
  663  to the conference fee and that is sponsored, in whole or in
  664  part, by a person regulated by the commission.
  665         3.While employed, and for 2 years after service as a
  666  commissioner or for 2 years after employment with the
  667  commission, a commissioner or an employee may not accept any
  668  form of employment with or engage in any business activity with
  669  any business entity that, either directly or indirectly, owns or
  670  controls any person regulated by the commission; any person
  671  regulated by the commission; or any business entity that, either
  672  directly or indirectly, is an affiliate or subsidiary of any
  673  person regulated by the commission.
  674         4.While employed, and for 2 years after service as a
  675  commissioner or for 2 years after employment with the
  676  commission, a commissioner, an employee, or a relative living in
  677  the same household as a commissioner or an employee may not have
  678  any financial interest, other than shares in a mutual fund, in
  679  any person regulated by the commission; in any business entity
  680  that, either directly or indirectly, owns or controls any person
  681  regulated by the commission; or in any business entity that,
  682  either directly or indirectly, is an affiliate or a subsidiary
  683  of any person regulated by the commission. If a commissioner, an
  684  employee, or a relative living in the same household as a
  685  commissioner or an employee acquires any financial interest
  686  prohibited by this subsection during the commissioner’s term of
  687  office or the employee’s employment with the commission as a
  688  result of events or actions beyond the commissioner’s, the
  689  employee’s, or the relative’s control, he or she shall
  690  immediately sell such financial interest. For the purposes of
  691  this subsection, the term “relative” has the same meaning as in
  692  s. 16.713(2)(b).
  693         5.A commissioner or an employee may not accept anything
  694  from a party in a proceeding currently pending before the
  695  commission. If, during the course of an investigation by the
  696  Commission on Ethics into an alleged violation of this
  697  paragraph, allegations are made as to the identity of the person
  698  giving or providing the prohibited gift, that person must be
  699  given notice and an opportunity to participate in the
  700  investigation and relevant proceedings to present a defense. If
  701  the Commission on Ethics determines that the person gave or
  702  provided a prohibited gift, the person may not appear before the
  703  commission or otherwise represent anyone before the commission
  704  for a period of 2 years.
  705         6.A commissioner may not serve as the representative of
  706  any political party or on any executive committee or other
  707  governing body of a political party; serve as an executive
  708  officer or employee of any political party, committee,
  709  organization, or association; receive remuneration for
  710  activities on behalf of any candidate for public office; engage
  711  on behalf of any candidate for public office in the solicitation
  712  of votes or other activities on behalf of such candidacy; or
  713  become a candidate for election to any public office without
  714  first resigning from office.
  715         7.A commissioner, during his or her term of office, may
  716  not make any public comment regarding the merits of any
  717  proceeding under ss. 120.569 and 120.57 currently pending before
  718  the commission.
  719         8.A commissioner or an employee may not act in an
  720  unprofessional manner at any time during the performance of
  721  official duties.
  722         9.A commissioner or an employee must avoid impropriety in
  723  all activities and must act at all times in a manner that
  724  promotes public confidence in the integrity and impartiality of
  725  the commission.
  726         10.A commissioner or an employee may not directly or
  727  indirectly, through staff or other means, solicit anything of
  728  value from any person regulated by the commission, or from any
  729  business entity that, whether directly or indirectly, is an
  730  affiliate or a subsidiary of any person regulated by the
  731  commission, or from any party appearing in a proceeding
  732  considered by the commission in the last 2 years.
  733         11.A commissioner may not lobby the Governor or any agency
  734  of the state, members or employees of the Legislature, or any
  735  county or municipal government or governmental agency except to
  736  represent the commission in an official capacity.
  737         (c)A commissioner or an employee of the commission must
  738  annually complete at least 4 hours of ethics training that
  739  addresses, at a minimum, s. 8, Art. II of the State
  740  Constitution, the Code of Ethics for Public Officers and
  741  Employees, and the public records and public meetings laws of
  742  this state. This requirement may be satisfied by completion of a
  743  continuing legal education class or other continuing
  744  professional education class, seminar, or presentation, if the
  745  required subjects are covered.
  746         (d)The Commission on Ethics shall accept and investigate
  747  any alleged violations of this subsection pursuant to the
  748  procedures contained in ss. 112.322-112.3241. The Commission on
  749  Ethics shall provide the Governor, the President of the Senate,
  750  and the Speaker of the House of Representatives with a report of
  751  its findings and recommendations. The Governor is authorized to
  752  enforce the findings and recommendations of the Commission on
  753  Ethics, pursuant to part III of chapter 112. A commissioner or
  754  an employee of the commission may request an advisory opinion
  755  from the Commission on Ethics, pursuant to s. 112.322(3)(a),
  756  regarding the standards of conduct or prohibitions set forth in
  757  this section or s. 16.71.
  758         (e)A commissioner, an employee of the commission, or a
  759  relative living in the same household as a commissioner or an
  760  employee may not place a wager in any facility licensed by the
  761  commission or any facility in the state operated by an Indian
  762  tribe that has a valid and active compact with the state.
  763         (2)FORMER COMMISSIONERS AND EMPLOYEES.—
  764         (a)A commissioner, the executive director, and an employee
  765  of the commission may not personally represent another person or
  766  entity for compensation before the executive or legislative
  767  branch for a period of 2 years following the commissioner’s or
  768  executive director’s end of service or a period of 2 years
  769  following employment unless employed by another agency of state
  770  government.
  771         (b)A commissioner may not, for the 2 years immediately
  772  following the date of resignation or termination from the
  773  commission:
  774         1.Hold a permit or license issued under chapter 550, or a
  775  license issued under chapter 551 or chapter 849; be an officer,
  776  official, or employee of such permitholder or licensee; or be an
  777  ultimate equitable owner, as defined in s. 550.002(37), of such
  778  permitholder or licensee;
  779         2.Accept employment by or compensation from a business
  780  entity that, directly or indirectly, owns or controls a person
  781  regulated by the commission; from a person regulated by the
  782  commission; from a business entity which, directly or
  783  indirectly, is an affiliate or subsidiary of a person regulated
  784  by the commission; or from a business entity or trade
  785  association that has been a party to a commission proceeding
  786  within the 2 years preceding the member’s resignation or
  787  termination of service on the commission; or
  788         3.Be a bingo game operator or an employee of a bingo game
  789  operator.
  790         (c)A person employed by the commission may not, for the 2
  791  years immediately following the date of termination or
  792  resignation from employment with the commission:
  793         1.Hold a permit or license issued under chapter 550, or a
  794  license issued under chapter 551 or chapter 849; be an officer,
  795  official, or employee of such permitholder or licensee; or be an
  796  ultimate equitable owner, as defined in s. 550.002(37), of such
  797  permitholder or licensee; or
  798         2.Be a bingo game operator or an employee of a bingo game
  799  operator.
  800         (d)Any person violating paragraph (b) or paragraph (c)
  801  shall be subject to the penalties for violations of standards of
  802  conduct for public officers, employees of agencies, and local
  803  government attorneys provided in s. 112.317 and a civil penalty
  804  of an amount equal to the compensation that the person receives
  805  for the prohibited conduct.
  806         (3)EX PARTE COMMUNICATIONS.—
  807         (a)As used in this section, the term “ex parte
  808  communication” means any communication that:
  809         1.If it is a written or printed communication or is a
  810  communication in electronic form, is not served on all parties
  811  to a proceeding; or
  812         2.If it is an oral communication, is made without adequate
  813  notice to the parties and without an opportunity for the parties
  814  to be present and heard.
  815         (b)A commissioner may not initiate or consider ex parte
  816  communications concerning the merits, threat, or offer of reward
  817  in any proceeding that is currently pending before the
  818  commission. An individual may not discuss ex parte with a
  819  commissioner the merits, threat, or offer of reward regarding
  820  any issue in a proceeding that is pending before the commission.
  821  This paragraph does not apply to commission staff.
  822         (c)If a commissioner knowingly receives an ex parte
  823  communication relative to a proceeding to which the commissioner
  824  is assigned, the commissioner must place on the record of the
  825  proceeding copies of all written communications received, all
  826  written responses to the communications, and a memorandum
  827  stating the substance of all oral communications received and
  828  all oral responses made, and shall give written notice to all
  829  parties to the communication that such matters have been placed
  830  on the record. Any party who desires to respond to an ex parte
  831  communication may do so. The response must be received by the
  832  commission within 10 days after receiving notice that the ex
  833  parte communication has been placed on the record. The
  834  commissioner may, if deemed by such commissioner to be necessary
  835  to eliminate the effect of an ex parte communication, withdraw
  836  from the proceeding, in which case the chair shall substitute
  837  another commissioner for the proceeding.
  838         (d)Any individual who makes an ex parte communication
  839  shall submit to the commission a written statement describing
  840  the nature of such communication, to include the name of the
  841  person making the communication, the name of the commissioner or
  842  commissioners receiving the communication, copies of all written
  843  communications made, all written responses to such
  844  communications, and a memorandum stating the substance of all
  845  oral communications received and all oral responses made. The
  846  commission shall place on the record of a proceeding all such
  847  communications.
  848         (e)Any commissioner who knowingly fails to place on the
  849  record any such communications in violation of this subsection
  850  within 15 days after the date of such communication is subject
  851  to removal and may be assessed a civil penalty not to exceed
  852  $5,000.
  853         (f)1.It shall be the duty of the Commission on Ethics to
  854  receive and investigate sworn complaints of violations of this
  855  subsection pursuant to the procedures contained in ss. 112.322
  856  112.3241.
  857         2.If the Commission on Ethics finds that there has been a
  858  violation of this subsection by a commissioner, it shall provide
  859  the Governor, the President of the Senate, and the Speaker of
  860  the House of Representatives with a report of its findings and
  861  recommendations. The Governor is authorized to enforce the
  862  findings and recommendations of the Commission on Ethics,
  863  pursuant to part III of chapter 112, and to remove from office a
  864  commissioner who is found by the Commission on Ethics to have
  865  willfully and knowingly violated this subsection. The Governor
  866  shall remove from office a commissioner who is found by the
  867  Commission on Ethics to have willfully and knowingly violated
  868  this subsection after a previous finding by the Commission on
  869  Ethics that the commissioner willfully and knowingly violated
  870  this subsection in a separate matter.
  871         3.If a commissioner fails or refuses to pay the Commission
  872  on Ethics any civil penalties assessed pursuant to this
  873  subsection, the Commission on Ethics may bring an action in any
  874  circuit court to enforce such penalty.
  875         4.If, during the course of an investigation by the
  876  Commission on Ethics into an alleged violation of this
  877  subsection, allegations are made as to the identity of the
  878  person who participated in the ex parte communication, that
  879  person must be given notice and an opportunity to participate in
  880  the investigation and relevant proceedings to present a defense.
  881  If the Commission on Ethics determines that the person
  882  participated in the ex parte communication, the person may not
  883  appear before the commission or otherwise represent anyone
  884  before the commission for a period of 2 years.
  885         Section 8. Paragraphs (a) and (d) of subsection (1) of
  886  section 20.055, Florida Statutes, are amended, and subsection
  887  (2) of that section is republished, to read:
  888         20.055 Agency inspectors general.—
  889         (1) As used in this section, the term:
  890         (a) “Agency head” means the Governor, a Cabinet officer, or
  891  a secretary or executive director as those terms are defined in
  892  s. 20.03, the chair of the Public Service Commission, the
  893  Director of the Office of Insurance Regulation of the Financial
  894  Services Commission, the Director of the Office of Financial
  895  Regulation of the Financial Services Commission, the board of
  896  directors of the Florida Housing Finance Corporation, the
  897  executive director of the Office of Early Learning, the chair of
  898  the Florida Gaming Control Commission, and the Chief Justice of
  899  the State Supreme Court.
  900         (d) “State agency” means each department created pursuant
  901  to this chapter and the Executive Office of the Governor, the
  902  Department of Military Affairs, the Fish and Wildlife
  903  Conservation Commission, the Office of Insurance Regulation of
  904  the Financial Services Commission, the Office of Financial
  905  Regulation of the Financial Services Commission, the Public
  906  Service Commission, the Board of Governors of the State
  907  University System, the Florida Housing Finance Corporation, the
  908  Office of Early Learning, the Florida Gaming Control Commission,
  909  and the state courts system.
  910         (2) An office of inspector general is established in each
  911  state agency to provide a central point for coordination of and
  912  responsibility for activities that promote accountability,
  913  integrity, and efficiency in government. It is the duty and
  914  responsibility of each inspector general, with respect to the
  915  state agency in which the office is established, to:
  916         (a) Advise in the development of performance measures,
  917  standards, and procedures for the evaluation of state agency
  918  programs.
  919         (b) Assess the reliability and validity of the information
  920  provided by the state agency on performance measures and
  921  standards, and make recommendations for improvement, if
  922  necessary, before submission of such information pursuant to s.
  923  216.1827.
  924         (c) Review the actions taken by the state agency to improve
  925  program performance and meet program standards and make
  926  recommendations for improvement, if necessary.
  927         (d) Provide direction for, supervise, and coordinate
  928  audits, investigations, and management reviews relating to the
  929  programs and operations of the state agency, except that when
  930  the inspector general does not possess the qualifications
  931  specified in subsection (4), the director of auditing shall
  932  conduct such audits.
  933         (e) Conduct, supervise, or coordinate other activities
  934  carried out or financed by that state agency for the purpose of
  935  promoting economy and efficiency in the administration of, or
  936  preventing and detecting fraud and abuse in, its programs and
  937  operations.
  938         (f) Keep the agency head or, for state agencies under the
  939  jurisdiction of the Governor, the Chief Inspector General
  940  informed concerning fraud, abuses, and deficiencies relating to
  941  programs and operations administered or financed by the state
  942  agency, recommend corrective action concerning fraud, abuses,
  943  and deficiencies, and report on the progress made in
  944  implementing corrective action.
  945         (g) Ensure effective coordination and cooperation between
  946  the Auditor General, federal auditors, and other governmental
  947  bodies with a view toward avoiding duplication.
  948         (h) Review, as appropriate, rules relating to the programs
  949  and operations of such state agency and make recommendations
  950  concerning their impact.
  951         (i) Ensure that an appropriate balance is maintained
  952  between audit, investigative, and other accountability
  953  activities.
  954         (j) Comply with the General Principles and Standards for
  955  Offices of Inspector General as published and revised by the
  956  Association of Inspectors General.
  957         Section 9. Effective July 1, 2022, paragraph (g) of
  958  subsection (2) of section 20.165, Florida Statutes, is amended
  959  to read:
  960         20.165 Department of Business and Professional Regulation.
  961  There is created a Department of Business and Professional
  962  Regulation.
  963         (2) The following divisions of the Department of Business
  964  and Professional Regulation are established:
  965         (g) Division of Pari-mutuel Wagering.
  966         Section 10. Effective July 1, 2022, paragraph (f) of
  967  subsection (1) and subsection (7) of section 285.710, Florida
  968  Statutes, are amended to read:
  969         285.710 Compact authorization.—
  970         (1) As used in this section, the term:
  971         (f) “State compliance agency” means the Florida Gaming
  972  Control Commission Division of Pari-mutuel Wagering of the
  973  Department of Business and Professional Regulation which is
  974  designated as the state agency having the authority to carry out
  975  the state’s oversight responsibilities under the compact.
  976         (7) The Florida Gaming Control Commission The Division of
  977  Pari-mutuel Wagering of the Department of Business and
  978  Professional Regulation is designated as the state compliance
  979  agency having the authority to carry out the state’s oversight
  980  responsibilities under the compact authorized by this section.
  981         Section 11. (1)Effective July 1, 2022, all powers, duties,
  982  functions, records, offices, personnel, associated
  983  administrative support positions, property, pending issues,
  984  existing contracts, administrative authority, administrative
  985  rules, and unexpended balances of appropriations, allocations,
  986  and other funds in the Department of Business and Professional
  987  Regulation related to the oversight responsibilities by the
  988  state compliance agency for authorized gaming compacts under s.
  989  285.710, Florida Statutes, the regulation of pari-mutuel
  990  wagering under chapter 550, Florida Statutes, the regulation of
  991  slot machines and slot machine gaming under chapter 551, Florida
  992  Statutes, and the regulation of cardrooms under s. 849.086,
  993  Florida Statutes, are transferred by a type two transfer, as
  994  defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
  995  Control Commission within the Department of Legal Affairs,
  996  Office of the Attorney General.
  997         (2) Notwithstanding chapter 60L-34, Florida Administrative
  998  Code, or any law to the contrary, employees who are transferred
  999  from the Department of Business and Professional Regulation to
 1000  the Florida Gaming Control Commission within the Department of
 1001  Legal Affairs, Office of the Attorney General, to fill positions
 1002  transferred by this act retain and transfer any accrued annual
 1003  leave, sick leave, and regular and special compensatory leave
 1004  balances.
 1005         (3)Effective July 1, 2022, the Pari-mutuel Wagering Trust
 1006  Fund under s. 455.116, Florida Statutes, is transferred from the
 1007  Department of Business and Professional Regulation to the
 1008  Florida Gaming Control Commission.
 1009         Section 12. Paragraph (a) of subsection (2) of section
 1010  932.701, Florida Statutes, is amended to read:
 1011         932.701 Short title; definitions.—
 1012         (2) As used in the Florida Contraband Forfeiture Act:
 1013         (a) “Contraband article” means:
 1014         1. Any controlled substance as defined in chapter 893 or
 1015  any substance, device, paraphernalia, or currency or other means
 1016  of exchange that was used, was attempted to be used, or was
 1017  intended to be used in violation of any provision of chapter
 1018  893, if the totality of the facts presented by the state is
 1019  clearly sufficient to meet the state’s burden of establishing
 1020  probable cause to believe that a nexus exists between the
 1021  article seized and the narcotics activity, whether or not the
 1022  use of the contraband article can be traced to a specific
 1023  narcotics transaction.
 1024         2. Any equipment, gambling device, apparatus, material of
 1025  gaming, proceeds, substituted proceeds, real or personal
 1026  property, Internet domain name, gambling paraphernalia, lottery
 1027  tickets, money, currency, or other means of exchange which was
 1028  obtained, received, used, was attempted to be used, or intended
 1029  to be used in violation of the gambling laws of the state,
 1030  including any violation of chapter 24, part II of chapter 285,
 1031  chapter 546, chapter 550, chapter 551, or chapter 849.
 1032         3. Any equipment, liquid or solid, which was being used, is
 1033  being used, was attempted to be used, or intended to be used in
 1034  violation of the beverage or tobacco laws of the state.
 1035         4. Any motor fuel upon which the motor fuel tax has not
 1036  been paid as required by law.
 1037         5. Any personal property, including, but not limited to,
 1038  any vessel, aircraft, item, object, tool, substance, device,
 1039  weapon, machine, vehicle of any kind, money, securities, books,
 1040  records, research, negotiable instruments, or currency, which
 1041  was used or was attempted to be used as an instrumentality in
 1042  the commission of, or in aiding or abetting in the commission
 1043  of, any felony, whether or not comprising an element of the
 1044  felony, or which is acquired by proceeds obtained as a result of
 1045  a violation of the Florida Contraband Forfeiture Act.
 1046         6. Any real property, including any right, title,
 1047  leasehold, or other interest in the whole of any lot or tract of
 1048  land, which was used, is being used, or was attempted to be used
 1049  as an instrumentality in the commission of, or in aiding or
 1050  abetting in the commission of, any felony, or which is acquired
 1051  by proceeds obtained as a result of a violation of the Florida
 1052  Contraband Forfeiture Act.
 1053         7. Any personal property, including, but not limited to,
 1054  equipment, money, securities, books, records, research,
 1055  negotiable instruments, currency, or any vessel, aircraft, item,
 1056  object, tool, substance, device, weapon, machine, or vehicle of
 1057  any kind in the possession of or belonging to any person who
 1058  takes aquaculture products in violation of s. 812.014(2)(c).
 1059         8. Any motor vehicle offered for sale in violation of s.
 1060  320.28.
 1061         9. Any motor vehicle used during the course of committing
 1062  an offense in violation of s. 322.34(9)(a).
 1063         10. Any photograph, film, or other recorded image,
 1064  including an image recorded on videotape, a compact disc,
 1065  digital tape, or fixed disk, that is recorded in violation of s.
 1066  810.145 and is possessed for the purpose of amusement,
 1067  entertainment, sexual arousal, gratification, or profit, or for
 1068  the purpose of degrading or abusing another person.
 1069         11. Any real property, including any right, title,
 1070  leasehold, or other interest in the whole of any lot or tract of
 1071  land, which is acquired by proceeds obtained as a result of
 1072  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
 1073  property, including, but not limited to, equipment, money,
 1074  securities, books, records, research, negotiable instruments, or
 1075  currency; or any vessel, aircraft, item, object, tool,
 1076  substance, device, weapon, machine, or vehicle of any kind in
 1077  the possession of or belonging to any person which is acquired
 1078  by proceeds obtained as a result of Medicaid fraud under s.
 1079  409.920 or s. 409.9201.
 1080         12. Any personal property, including, but not limited to,
 1081  any vehicle, item, object, tool, device, weapon, machine, money,
 1082  security, book, or record, that is used or attempted to be used
 1083  as an instrumentality in the commission of, or in aiding and
 1084  abetting in the commission of, a person’s third or subsequent
 1085  violation of s. 509.144, whether or not comprising an element of
 1086  the offense.
 1087         Section 13. The Division of Law Revision shall prepare a
 1088  reviser’s bill effective July 1, 2022, to replace references to
 1089  the Division of Pari-mutuel Wagering and references to the
 1090  Department of Business and Professional Regulation relating to
 1091  gaming with references to the Florida Gaming Control Commission
 1092  to conform the Florida Statutes to the transfer described in
 1093  section 11 of this act.
 1094         Section 14. (1)For the 2021-2022 fiscal year, the sum of
 1095  $2 million in nonrecurring funds from the General Revenue Fund
 1096  is appropriated and 15 positions with associated salary rate of
 1097  1,250,000 are authorized to the Florida Gaming Control
 1098  Commission for the purposes of implementing this act. These
 1099  funds shall support five commissioners, an executive director,
 1100  general counsel, and other agency personnel as needed. The funds
 1101  shall cover all expenditures of the commission, including, but
 1102  not limited to, salaries and benefits, travel, background
 1103  investigations, and fingerprinting fees.
 1104         (2)For the 2021-2022 fiscal year, the sum of $100,000 in
 1105  nonrecurring funds from the General Revenue Fund is appropriated
 1106  to the Department of Business and Professional Regulation for
 1107  administrative support related to the Florida Gaming Control
 1108  Commission. The Department of Business and Professional
 1109  Regulation shall provide administrative support to the Florida
 1110  Gaming Control Commission during the 2021-2022 fiscal year,
 1111  including, but not limited to, human resource management,
 1112  accounting, and budgeting.
 1113         Section 15. (1)The Department of Business and Professional
 1114  Regulation, in coordination with the Department of Legal Affairs
 1115  and the Department of Management Services, shall establish a
 1116  working group to prepare the Florida Gaming Control Commission’s
 1117  legislative budget request for fiscal year 2022-2023 to be
 1118  submitted by the Department of Business and Professional
 1119  Regulation. The working group shall develop estimates for the
 1120  amount of money needed for administration of the commission,
 1121  including, but not limited to, costs relating to overall
 1122  staffing and administrative support; infrastructure and office
 1123  space; integration of technology systems and data needs and
 1124  transfers; law enforcement accreditation, staffing, and
 1125  training; organizational structure; and other matters deemed
 1126  necessary or appropriate by the working group to assure the
 1127  seamless establishment of the commission and orderly transition
 1128  of the duties and responsibilities under the transfer described
 1129  in section 11 of this act.
 1130         (2)This section shall take effect upon this act becoming a
 1131  law.
 1132         Section 16. If any law amended by this act was also amended
 1133  by a law enacted during the 2021 Regular Session of the
 1134  Legislature, such laws shall be construed as if they had been
 1135  enacted during the same session of the Legislature, and full
 1136  effect shall be given to each if possible.
 1137         Section 17. Except as otherwise expressly provided in this
 1138  act and except for this section, which shall take effect upon
 1139  becoming a law, this act shall take effect on the same date that
 1140  SB 2A or similar legislation takes effect, if such legislation
 1141  is adopted in the same legislative session or an extension
 1142  thereof and becomes a law.