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;or141 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 16.71 Florida 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 16.711 Division 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 16.712 Florida 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 16.713 Florida 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 16.715 Florida 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 CommissionDivision of Pari-mutuel Wagering of the973Department of Business and Professional Regulationwhich 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 CommissionThe Division of977Pari-mutuel Wagering of the Department of Business and978Professional Regulationis 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,wasattempted 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.