ENROLLED
       2021 Legislature                    CS for SB 4-A, 1st Engrossed
       
       
       
       
       
       
                                                               20214Aer
    1  
    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         creating s. 16.71, F.S.; creating the Florida Gaming
    7         Control Commission within the Office of the Attorney
    8         General; providing for membership of the commission;
    9         authorizing the Governor to remove or suspend members
   10         of the commission under certain circumstances;
   11         requiring the Governor to remove or suspend members of
   12         the commission under certain circumstances; providing
   13         requirements and prohibitions relating to
   14         appointments; requiring the commission to appoint an
   15         executive director; providing requirements and duties
   16         for the executive director; requiring the chair of the
   17         commission to appoint an inspector general; creating
   18         s. 16.711, F.S.; creating the Division of Gaming
   19         Enforcement within the commission; specifying that the
   20         division shall be considered a criminal justice
   21         agency; requiring the commissioners to appoint a
   22         director of the division; providing requirements,
   23         powers, and duties of the director and investigators;
   24         authorizing the division and its investigators to
   25         seize and store certain contraband; defining the term
   26         “contraband”; providing construction; requiring the
   27         Department of Law Enforcement to provide certain
   28         assistance at the request of the division; requiring
   29         the commission to reimburse agencies for the actual
   30         cost of providing assistance; creating s. 16.712,
   31         F.S.; providing duties and responsibilities of the
   32         commission; authorizing the commission to take
   33         specified actions; requiring the commission to submit
   34         an annual report to the Governor and the Legislature;
   35         providing construction; creating s. 16.713, F.S.;
   36         specifying that certain persons are ineligible for
   37         appointment to or employment with the commission;
   38         providing prohibitions for commissioners and employees
   39         of the commission; defining the term “relative”;
   40         requiring commissioners and employees to provide
   41         notice relating to certain crimes; creating s. 16.714,
   42         F.S.; requiring the Department of Law Enforcement to
   43         perform specified background screenings upon the
   44         request of the division; requiring the commission to
   45         reimburse the department; requiring the division to
   46         conduct certain investigations; creating s. 16.715,
   47         F.S.; providing construction; providing standards of
   48         conduct for commissioners and employees of the
   49         commission; requiring commissioners and employees of
   50         the commission to complete specified annual training;
   51         requiring the Commission on Ethics to accept and
   52         investigate any alleged violations of the standards of
   53         conduct for commissioners and employees; providing
   54         requirements relating to such investigations;
   55         requiring a report to the Governor and the
   56         Legislature; authorizing a commissioner or an employee
   57         of the Florida Gaming Control Commission to request an
   58         advisory opinion from the Commission on Ethics;
   59         prohibiting certain persons from placing wagers in a
   60         facility licensed by the Florida Gaming Control
   61         Commission or by an Indian tribe that has a valid and
   62         active compact with the state; providing prohibitions
   63         for former commissioners and former employees of the
   64         commission; providing civil penalties; defining the
   65         term “ex parte communication”; providing prohibitions
   66         and requirements relating to ex parte communications;
   67         providing civil penalties; amending s. 20.055, F.S.;
   68         revising definitions; amending s. 20.165, F.S.;
   69         conforming a provision to changes made by the act;
   70         amending s. 285.710, F.S.; revising the definition of
   71         the term “state compliance agency”; designating the
   72         commission as the state compliance agency having
   73         authority to carry out certain responsibilities;
   74         transferring to the commission by a type two transfer
   75         all powers, duties, functions, records, offices,
   76         personnel, associated administrative support
   77         positions, property, pending issues, existing
   78         contracts, administrative authority, administrative
   79         rules, and unexpended balances of appropriations,
   80         allocations, and other funds of the Department of
   81         Business and Professional Regulation related to
   82         certain responsibilities, effective on a specified
   83         date; transferring the Pari-mutuel Wagering Trust Fund
   84         to the commission, effective on a specified date;
   85         amending s. 932.701, F.S.; revising the definition of
   86         the term “contraband article”; providing a directive
   87         to the Division of Law Revision; providing an
   88         appropriation; requiring the department to provide
   89         administrative support for the commission during a
   90         specified fiscal year; requiring the department, in
   91         coordination with the Department of Legal Affairs and
   92         the Department of Management Services, to establish a
   93         working group for a specified purpose; providing
   94         requirements for such working group; providing
   95         construction; providing contingent effective dates.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Paragraph (a) of subsection (1) of section
  100  16.56, Florida Statutes, is amended to read:
  101         16.56 Office of Statewide Prosecution.—
  102         (1) There is created in the Department of Legal Affairs an
  103  Office of Statewide Prosecution. The office shall be a separate
  104  “budget entity” as that term is defined in chapter 216. The
  105  office may:
  106         (a) Investigate and prosecute the offenses of:
  107         1. Bribery, burglary, criminal usury, extortion, gambling,
  108  kidnapping, larceny, murder, prostitution, perjury, robbery,
  109  carjacking, home-invasion robbery, and patient brokering;
  110         2. Any crime involving narcotic or other dangerous drugs;
  111         3. Any violation of the Florida RICO (Racketeer Influenced
  112  and Corrupt Organization) Act, including any offense listed in
  113  the definition of racketeering activity in s. 895.02(8)(a),
  114  providing such listed offense is investigated in connection with
  115  a violation of s. 895.03 and is charged in a separate count of
  116  an information or indictment containing a count charging a
  117  violation of s. 895.03, the prosecution of which listed offense
  118  may continue independently if the prosecution of the violation
  119  of s. 895.03 is terminated for any reason;
  120         4. Any violation of the Florida Anti-Fencing Act;
  121         5. Any violation of the Florida Antitrust Act of 1980, as
  122  amended;
  123         6. Any crime involving, or resulting in, fraud or deceit
  124  upon any person;
  125         7. Any violation of s. 847.0135, relating to computer
  126  pornography and child exploitation prevention, or any offense
  127  related to a violation of s. 847.0135 or any violation of
  128  chapter 827 where the crime is facilitated by or connected to
  129  the use of the Internet or any device capable of electronic data
  130  storage or transmission;
  131         8. Any violation of chapter 815;
  132         9. Any criminal violation of part I of chapter 499;
  133         10. Any violation of the Florida Motor Fuel Tax Relief Act
  134  of 2004;
  135         11. Any criminal violation of s. 409.920 or s. 409.9201;
  136         12. Any crime involving voter registration, voting, or
  137  candidate or issue petition activities;
  138         13. Any criminal violation of the Florida Money Laundering
  139  Act;
  140         14. Any criminal violation of the Florida Securities and
  141  Investor Protection Act; or
  142         15. Any violation of chapter 787, as well as any and all
  143  offenses related to a violation of chapter 787; or
  144         16.Any criminal violation of chapter 24, part II of
  145  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  146  849;
  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. The Governor shall consider appointees who
  195  reflect Florida’s racial, ethnic, and gender diversity. Of the
  196  initial five members appointed by the Governor, and immediately
  197  upon appointment, the Governor shall appoint one of the members
  198  as the initial chair and one of the members as the initial vice
  199  chair. At the end of the initial chair’s and vice chair’s terms
  200  pursuant to subparagraph 1., the commission shall elect one of
  201  the members of the commission as chair and one of the members of
  202  the commission as vice chair.
  203         1.For the purpose of providing staggered terms, of the
  204  initial appointments, two members shall be appointed to 4-year
  205  terms, two members shall be appointed to 3-year terms, and one
  206  member shall be appointed to a 2-year term.
  207         2.Of the five members, at least one member must have at
  208  least 10 years of experience in law enforcement and criminal
  209  investigations, at least one member must be a certified public
  210  accountant licensed in this state with at least 10 years of
  211  experience in accounting and auditing, and at least one member
  212  must be an attorney admitted and authorized to practice law in
  213  this state for at least the preceding 10 years.
  214         3.Of the five members, each appellate district shall have
  215  one member appointed from the district to the commission who is
  216  a resident of the district at the time of the original
  217  appointment.
  218         (b)A commissioner shall serve until a successor is
  219  appointed, but commissioners may not serve more than 12 years.
  220  Vacancies shall be filled for the unexpired portion of the term.
  221  The salary of each commissioner is equal to that paid under
  222  state law to a commissioner on the Florida Public Service
  223  Commission.
  224         (c)The Governor shall have the same power to remove or
  225  suspend commissioners as set forth in s. 7, Art. IV of the State
  226  Constitution. In addition to such power, the Governor must
  227  remove a member who is convicted of or found guilty of or has
  228  pled nolo contendere to, regardless of adjudication, in any
  229  jurisdiction, a misdemeanor that directly relates to gambling,
  230  dishonesty, theft, or fraud.
  231         (d) Upon the resignation or removal from office of a member
  232  of the commission, the Governor shall appoint a successor
  233  pursuant to paragraph (a) who, subject to confirmation by the
  234  Senate, shall serve the remainder of the unfinished term.
  235         (3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—
  236         (a) A person may not be appointed by the Governor to the
  237  commission until a level 2 background screening pursuant to
  238  chapter 435 is performed, the results are forwarded to the
  239  Governor, and the Governor determines that the person meets all
  240  the requirements for appointment under this section. However, a
  241  person who is prohibited from being appointed under s. 16.713
  242  may not be appointed by the Governor.
  243         (b) The Governor may not solicit or request any
  244  nominations, recommendations, or communications about potential
  245  candidates for appointment to the commission from:
  246         1. Any person that holds a permit or license issued under
  247  chapter 550, or a license issued under chapter 551 or chapter
  248  849; an officer, official, or employee of such permitholder or
  249  licensee; or an ultimate equitable owner, as defined in s.
  250  550.002(37), of such permitholder or licensee;
  251         2. Any officer, official, employee, or other person with
  252  duties or responsibilities relating to a gaming operation owned
  253  by an Indian tribe that has a valid and active compact with the
  254  state; a contractor or subcontractor of such tribe or an entity
  255  employed, licensed, or contracted by such tribe; or an ultimate
  256  equitable owner, as defined in s. 550.002(37), of such entity;
  257  or
  258         3. Any registered lobbyist for the executive or legislative
  259  branch who represents any person or entity identified in
  260  subparagraph 1. or subparagraph 2.
  261         (4) EXECUTIVE DIRECTOR.—
  262         (a) To aid the commission in its duties, the commission
  263  must appoint a person who is not a member of the commission to
  264  serve as the executive director of the commission. A person may
  265  not be appointed as executive director until a level 2
  266  background screening pursuant to chapter 435 is performed, the
  267  results are forwarded to the commission, and the commission
  268  determines that the person meets all the requirements for
  269  appointment as the executive director. The executive director
  270  shall supervise, direct, coordinate, and administer all
  271  activities necessary to fulfill the commission’s
  272  responsibilities. The commission must appoint the executive
  273  director by April 1, 2022.
  274         (b) The executive director, with the consent of the
  275  commission, shall employ such staff as are necessary to
  276  adequately perform the functions of the commission, within
  277  budgetary limitations.
  278         (c) The executive director shall maintain headquarters in
  279  and reside in Leon County.
  280         (d) The salary of the executive director is equal to that
  281  paid under state law to a commissioner on the Florida Public
  282  Service Commission.
  283         (5) INSPECTOR GENERAL.—The chair of the commission shall
  284  appoint an inspector general who shall perform the duties of an
  285  inspector general under s. 20.055.
  286         Section 3. Section 16.711, Florida Statutes, is created to
  287  read:
  288         16.711 Division of Gaming Enforcement; creation; duties.—
  289         (1) There is created within the Florida Gaming Control
  290  Commission a Division of Gaming Enforcement. The Division of
  291  Gaming Enforcement shall be considered a criminal justice agency
  292  as defined in s. 943.045.
  293         (2) The commissioners shall appoint a director of the
  294  Division of Gaming Enforcement who is qualified by training and
  295  experience in law enforcement or security to supervise, direct,
  296  coordinate, and administer all activities of the division.
  297         (3) The director and all investigators employed by the
  298  division must meet the requirements for employment and
  299  appointment provided by s. 943.13 and must be certified as law
  300  enforcement officers as defined in s. 943.10(1). The director
  301  and such investigators shall be designated law enforcement
  302  officers and shall have the power to detect, apprehend, and
  303  arrest for any alleged violation of chapter 24, part II of
  304  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  305  849, or any rule adopted pursuant thereto, or any law of this
  306  state. Such law enforcement officers may enter upon any premises
  307  at which gaming activities are taking place in the state for the
  308  performance of their lawful duties and may take with them any
  309  necessary equipment, and such entry does not constitute a
  310  trespass. In any instance in which there is reason to believe
  311  that a violation has occurred, such officers have the authority,
  312  without warrant, to search and inspect any premises where the
  313  violation is alleged to have occurred or is occurring. Any such
  314  officer may, consistent with the United States and Florida
  315  Constitutions, seize or take possession of any papers, records,
  316  tickets, currency, or other items related to any alleged
  317  violation. Investigators employed by the commission shall also
  318  have access to, and shall have the right to inspect, premises
  319  licensed by the commission, to collect taxes and remit them to
  320  the officer entitled to them, and to examine the books and
  321  records of all persons licensed by the commission.
  322         (4)(a) The division and its investigators are specifically
  323  authorized to seize any contraband in accordance with the
  324  Florida Contraband Forfeiture Act. For purposes of this section,
  325  the term “contraband” has the same meaning as the term
  326  “contraband article” in s. 932.701(2)(a)2.
  327         (b) The division is specifically authorized to store and
  328  test any contraband that is seized in accordance with the
  329  Florida Contraband Forfeiture Act and may authorize any of its
  330  staff to implement this paragraph.
  331         (c) This subsection does not limit the authority of any
  332  other person authorized by law to seize contraband.
  333         (5) The Department of Law Enforcement shall provide
  334  assistance in obtaining criminal history information relevant to
  335  investigations required for honest, secure, and exemplary gaming
  336  operations, and such other assistance as may be requested by the
  337  executive director of the commission and agreed to by the
  338  executive director of the Department of Law Enforcement. Any
  339  other state agency, including the Department of Business and
  340  Professional Regulation and the Department of Revenue, shall,
  341  upon request, provide the commission with any information
  342  relevant to any investigation conducted pursuant to this
  343  section. The commission shall reimburse any agency for the
  344  actual cost of providing any assistance pursuant to this
  345  subsection.
  346         Section 4. Effective July 1, 2022, section 16.712, Florida
  347  Statutes, is created to read:
  348         16.712 Florida Gaming Control Commission authorizations,
  349  duties, and responsibilities.—
  350         (1) The commission shall do all of the following:
  351         (a) Exercise all of the regulatory and executive powers of
  352  the state with respect to gambling, including, without
  353  limitation thereto, pari-mutuel wagering, cardrooms, slot
  354  machine facilities, oversight of gaming compacts executed by the
  355  state pursuant to the Federal Indian Gaming Regulatory Act, and
  356  any other forms of gambling authorized by the State Constitution
  357  or law, excluding games authorized by s. 15, Art. X of the State
  358  Constitution.
  359         (b) Establish procedures consistent with chapter 120 to
  360  ensure adequate due process in the exercise of its regulatory
  361  and executive functions.
  362         (c) Ensure that the laws of this state are not interpreted
  363  in any manner that expands the activities authorized in chapter
  364  24, part II of chapter 285, chapter 546, chapter 550, chapter
  365  551, or chapter 849.
  366         (d) Review the rules and regulations promulgated by the
  367  Seminole Tribal Gaming Commission for the operation of sports
  368  betting and propose to the Seminole Tribal Gaming Commission any
  369  additional consumer protection measures it deems appropriate.
  370  The proposed consumer protection measures may include, but are
  371  not limited to, the types of advertising and marketing conducted
  372  for sports betting, the types of procedures implemented to
  373  prohibit underage persons from engaging in sports betting, and
  374  the types of information, materials, and procedures needed to
  375  assist patrons with compulsive or addictive gambling problems.
  376         (e) Evaluate, as the state compliance agency or as the
  377  commission, information that is reported by sports governing
  378  bodies or other parties to the commission related to any
  379  abnormal betting activity or patterns that may indicate a
  380  concern about the integrity of a sports event or events; any
  381  other conduct with the potential to corrupt a betting outcome of
  382  a sports event for purposes of financial gain, including, but
  383  not limited to, match fixing; suspicious or illegal wagering
  384  activities, including the use of funds derived from illegal
  385  activity, wagers to conceal or launder funds derived from
  386  illegal activity, use of agents to place wagers, or use of false
  387  identification; and the use of data deemed unacceptable by the
  388  commission or the Seminole Tribal Gaming Commission, and provide
  389  reasonable notice to state and local law enforcement, the
  390  Seminole Tribal Gaming Commission, and any appropriate sports
  391  governing body of nonproprietary information that may warrant
  392  further investigation by such entities to ensure the integrity
  393  of wagering activities in the state.
  394         (f) Review any matter within the scope of the jurisdiction
  395  of the Division of Pari-mutuel Wagering.
  396         (g) Review the regulation of licensees, permitholders, or
  397  persons regulated by the Division of Pari-mutuel Wagering and
  398  the procedures used by the division to implement and enforce the
  399  law.
  400         (h) Review the procedures of the Division of Pari-mutuel
  401  Wagering which are used to qualify applicants applying for a
  402  license, permit, or registration.
  403         (i) Receive and review violations reported by a state or
  404  local law enforcement agency, the Department of Law Enforcement,
  405  the Department of Legal Affairs, the Department of Agriculture
  406  and Consumer Services, the Department of Business and
  407  Professional Regulation, the Department of the Lottery, the
  408  Seminole Tribe of Florida, or any person licensed under chapter
  409  24, part II of chapter 285, chapter 550, chapter 551, or chapter
  410  849 and determine whether such violation is appropriate for
  411  referral to the Office of Statewide Prosecution.
  412         (j) Refer criminal violations of chapter 24, part II of
  413  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  414  849 to the appropriate state attorney or to the Office of
  415  Statewide Prosecution, as applicable.
  416         (k) Exercise all other powers and perform any other duties
  417  prescribed by the Legislature.
  418         (2)(a) The commission may adopt rules to implement this
  419  section.
  420         (b) The commission may subpoena witnesses and compel their
  421  attendance and testimony, administer oaths and affirmations,
  422  take evidence, and require by subpoena the production of any
  423  books, papers, records, or other items relevant to the
  424  performance of the duties of the commission or to the exercise
  425  of its powers.
  426         (c) The commission may submit written recommendations to
  427  enhance the enforcement of gaming laws of the state to the
  428  Governor, the President of the Senate, and the Speaker of the
  429  House of Representatives.
  430         (3) By December 1 of each year, the commission shall make
  431  an annual report to the Governor, the President of the Senate,
  432  and the Speaker of the House of Representatives. The report
  433  must, at a minimum, include all of the following:
  434         (a) Recent events in the gaming industry, including pending
  435  litigation, pending facility license applications, and new and
  436  pending rules.
  437         (b) Actions of the commission relative to the
  438  implementation and administration of this section.
  439         (c) The state revenues and expenses associated with each
  440  form of authorized gaming. Revenues and expenses associated with
  441  pari-mutuel wagering shall be further delineated by the class of
  442  license.
  443         (d) The performance of each pari-mutuel wagering licensee,
  444  cardroom licensee, and slot licensee.
  445         (e) Actions of the commission as the state compliance
  446  agency, and financial information published by the Office of
  447  Economic and Demographic Research, relative to gaming activities
  448  authorized pursuant to s. 285.710(13).
  449         (f) A summary of disciplinary actions taken by the
  450  commission.
  451         (g) The receipts and disbursements of the commission.
  452         (h) A summary of actions taken and investigations conducted
  453  by the commission.
  454         (i) Any additional information and recommendations that the
  455  commission considers useful or that the Governor, the President
  456  of the Senate, or the Speaker of the House of Representatives
  457  requests.
  458         (4) The commission shall annually develop a legislative
  459  budget request pursuant to chapter 216. Such request is not
  460  subject to change by the Department of Legal Affairs or the
  461  Attorney General, but shall be submitted by the Department of
  462  Legal Affairs to the Governor for transmittal to the
  463  Legislature.
  464         (5) The commission is authorized to contract or consult
  465  with appropriate agencies of state government for such
  466  professional assistance as may be needed in the discharge of its
  467  duties.
  468         (6) The commission shall exercise all of its regulatory and
  469  executive powers and shall adopt, apply, construe, and interpret
  470  all laws and administrative rules in a manner consistent with
  471  the gaming compact ratified, approved, and described in s.
  472  285.710(3).
  473         (7) The commission shall confirm, prior to the issuance of
  474  an operating license, that each permitholder has submitted proof
  475  with their annual application for a license, in such a form as
  476  the commission may require, that the permitholder continues to
  477  possess the qualifications prescribed by chapter 550, and that
  478  the permit has not been disapproved by voters in an election.
  479         Section 5. Section 16.713, Florida Statutes, is created to
  480  read:
  481         16.713 Florida Gaming Control Commission; appointment and
  482  employment restrictions.—
  483         (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
  484  The following persons are ineligible for appointment to the
  485  commission:
  486         (a) A person who holds any office in a political party.
  487         (b) A person who within the previous 10 years has been
  488  convicted of or found guilty of or has pled nolo contendere to,
  489  regardless of adjudication, in any jurisdiction, any felony, or
  490  a misdemeanor that directly related to gambling, dishonesty,
  491  theft, or fraud.
  492         (c) A person who has been convicted of or found guilty of
  493  or pled nolo contendere to, regardless of adjudication, in any
  494  jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
  495         (d) A person who has had a license or permit issued under
  496  chapter 550, chapter 551, or chapter 849 or a gaming license
  497  issued by any other jurisdiction denied, suspended, or revoked.
  498         (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
  499  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
  500  COMMISSION.—
  501         (a) A person may not, for the 2 years immediately preceding
  502  the date of appointment to or employment with the commission and
  503  while appointed to or employed with the commission:
  504         1. Hold a permit or license issued under chapter 550 or a
  505  license issued under chapter 551 or chapter 849; be an officer,
  506  official, or employee of such permitholder or licensee; or be an
  507  ultimate equitable owner, as defined in s. 550.002(37), of such
  508  permitholder or licensee;
  509         2. Be an officer, official, employee, or other person with
  510  duties or responsibilities relating to a gaming operation owned
  511  by an Indian tribe that has a valid and active compact with the
  512  state; be a contractor or subcontractor of such tribe or an
  513  entity employed, licensed, or contracted by such tribe; or be an
  514  ultimate equitable owner, as defined in s. 550.002(37), of such
  515  entity;
  516         3. Be a registered lobbyist for the executive or
  517  legislative branch, except while a commissioner or employee of
  518  the commission when officially representing the commission; or
  519         4. 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.
  696         6.A commissioner may not serve as the representative of
  697  any political party or on any executive committee or other
  698  governing body of a political party; serve as an executive
  699  officer or employee of any political party, committee,
  700  organization, or association; receive remuneration for
  701  activities on behalf of any candidate for public office; engage
  702  on behalf of any candidate for public office in the solicitation
  703  of votes or other activities on behalf of such candidacy; or
  704  become a candidate for election to any public office without
  705  first resigning from office.
  706         7.A commissioner, during his or her term of office, may
  707  not make any public comment regarding the merits of any
  708  proceeding under ss. 120.569 and 120.57 currently pending before
  709  the commission.
  710         8.A commissioner or an employee may not act in an
  711  unprofessional manner at any time during the performance of
  712  official duties.
  713         9.A commissioner or an employee must avoid impropriety in
  714  all activities and must act at all times in a manner that
  715  promotes public confidence in the integrity and impartiality of
  716  the commission.
  717         10.A commissioner or an employee may not directly or
  718  indirectly, through staff or other means, solicit anything of
  719  value from any person regulated by the commission, or from any
  720  business entity that, whether directly or indirectly, is an
  721  affiliate or a subsidiary of any person regulated by the
  722  commission, or from any party appearing in a proceeding
  723  considered by the commission in the last 2 years.
  724         11.A commissioner may not lobby the Governor or any agency
  725  of the state, members or employees of the Legislature, or any
  726  county or municipal government or governmental agency except to
  727  represent the commission in an official capacity.
  728         (c) A commissioner or an employee of the commission must
  729  annually complete at least 4 hours of ethics training that
  730  addresses, at a minimum, s. 8, Art. II of the State
  731  Constitution, the Code of Ethics for Public Officers and
  732  Employees, and the public records and public meetings laws of
  733  this state. This requirement may be satisfied by completion of a
  734  continuing legal education class or other continuing
  735  professional education class, seminar, or presentation, if the
  736  required subjects are covered.
  737         (d) The Commission on Ethics shall accept and investigate
  738  any alleged violations of this subsection pursuant to the
  739  procedures contained in ss. 112.322-112.3241. The Commission on
  740  Ethics shall provide the Governor, the President of the Senate,
  741  and the Speaker of the House of Representatives with a report of
  742  its findings and recommendations. The Governor is authorized to
  743  enforce the findings and recommendations of the Commission on
  744  Ethics, pursuant to part III of chapter 112. A commissioner or
  745  an employee of the commission may request an advisory opinion
  746  from the Commission on Ethics, pursuant to s. 112.322(3)(a),
  747  regarding the standards of conduct or prohibitions set forth in
  748  this section or s. 16.71.
  749         (e)1. If, during the course of an investigation by the
  750  Commission on Ethics into an alleged violation of this
  751  subsection, allegations are made as to the identity of the
  752  person giving or providing the prohibited thing, that person
  753  must be given notice and an opportunity to participate in the
  754  investigation and relevant proceedings to present a defense.
  755         2. If the Commission on Ethics determines that the person
  756  gave or provided a prohibited thing, the person may not appear
  757  before the commission or otherwise represent anyone before the
  758  commission for a period of 2 years.
  759         (f) A commissioner, an employee of the commission, or a
  760  relative living in the same household as a commissioner or an
  761  employee may not place a wager in any facility licensed by the
  762  commission or any facility in the state operated by an Indian
  763  tribe that has a valid and active compact with the state.
  764         (2)FORMER COMMISSIONERS AND EMPLOYEES.—
  765         (a)A commissioner, the executive director, and an employee
  766  of the commission may not personally represent another person or
  767  entity for compensation before the executive or legislative
  768  branch for a period of 2 years following the commissioner’s or
  769  executive director’s end of service or a period of 2 years
  770  following employment unless employed by another agency of state
  771  government.
  772         (b)A commissioner may not, for the 2 years immediately
  773  following the date of resignation or termination from the
  774  commission:
  775         1.Hold a permit or license issued under chapter 550, or a
  776  license issued under chapter 551 or chapter 849; be an officer,
  777  official, or employee of such permitholder or licensee; or be an
  778  ultimate equitable owner, as defined in s. 550.002(37), of such
  779  permitholder or licensee;
  780         2.Accept employment by or compensation from a business
  781  entity that, directly or indirectly, owns or controls a person
  782  regulated by the commission; from a person regulated by the
  783  commission; from a business entity which, directly or
  784  indirectly, is an affiliate or subsidiary of a person regulated
  785  by the commission; or from a business entity or trade
  786  association that has been a party to a commission proceeding
  787  within the 2 years preceding the member’s resignation or
  788  termination of service on the commission; or
  789         3.Be a bingo game operator or an employee of a bingo game
  790  operator.
  791         (c)A person employed by the commission may not, for the 2
  792  years immediately following the date of termination or
  793  resignation from employment with the commission:
  794         1.Hold a permit or license issued under chapter 550, or a
  795  license issued under chapter 551 or chapter 849; be an officer,
  796  official, or employee of such permitholder or licensee; or be an
  797  ultimate equitable owner, as defined in s. 550.002(37), of such
  798  permitholder or licensee; or
  799         2.Be a bingo game operator or an employee of a bingo game
  800  operator.
  801         (d)Any person violating paragraph (b) or paragraph (c)
  802  shall be subject to the penalties for violations of standards of
  803  conduct for public officers, employees of agencies, and local
  804  government attorneys provided in s. 112.317 and a civil penalty
  805  of an amount equal to the compensation that the person receives
  806  for the prohibited conduct.
  807         (3)EX PARTE COMMUNICATIONS.—
  808         (a)As used in this section, the term “ex parte
  809  communication” means any communication that:
  810         1.If it is a written or printed communication or is a
  811  communication in electronic form, is not served on all parties
  812  to a proceeding; or
  813         2.If it is an oral communication, is made without adequate
  814  notice to the parties and without an opportunity for the parties
  815  to be present and heard.
  816         (b)A commissioner may not initiate or consider ex parte
  817  communications concerning the merits, threat, or offer of reward
  818  in any proceeding that is currently pending before the
  819  commission. An individual may not discuss ex parte with a
  820  commissioner the merits, threat, or offer of reward regarding
  821  any issue in a proceeding that is pending before the commission.
  822  This paragraph does not apply to commission staff.
  823         (c)If a commissioner knowingly receives an ex parte
  824  communication relative to a proceeding to which the commissioner
  825  is assigned, the commissioner must place on the record of the
  826  proceeding copies of all written communications received, all
  827  written responses to the communications, and a memorandum
  828  stating the substance of all oral communications received and
  829  all oral responses made, and shall give written notice to all
  830  parties to the communication that such matters have been placed
  831  on the record. Any party who desires to respond to an ex parte
  832  communication may do so. The response must be received by the
  833  commission within 10 days after receiving notice that the ex
  834  parte communication has been placed on the record. The
  835  commissioner may, if deemed by such commissioner to be necessary
  836  to eliminate the effect of an ex parte communication, withdraw
  837  from the proceeding, in which case the chair shall substitute
  838  another commissioner for the proceeding.
  839         (d)Any individual who makes an ex parte communication
  840  shall submit to the commission a written statement describing
  841  the nature of such communication, to include the name of the
  842  person making the communication, the name of the commissioner or
  843  commissioners receiving the communication, copies of all written
  844  communications made, all written responses to such
  845  communications, and a memorandum stating the substance of all
  846  oral communications received and all oral responses made. The
  847  commission shall place on the record of a proceeding all such
  848  communications.
  849         (e)Any commissioner who knowingly fails to place on the
  850  record any such communications in violation of this subsection
  851  within 15 days after the date of such communication is subject
  852  to removal and may be assessed a civil penalty not to exceed
  853  $5,000.
  854         (f)1.It shall be the duty of the Commission on Ethics to
  855  receive and investigate sworn complaints of violations of this
  856  subsection pursuant to the procedures contained in ss. 112.322
  857  112.3241.
  858         2.If the Commission on Ethics finds that there has been a
  859  violation of this subsection by a commissioner, it shall provide
  860  the Governor, the President of the Senate, and the Speaker of
  861  the House of Representatives with a report of its findings and
  862  recommendations. The Governor is authorized to enforce the
  863  findings and recommendations of the Commission on Ethics,
  864  pursuant to part III of chapter 112, and to remove from office a
  865  commissioner who is found by the Commission on Ethics to have
  866  willfully and knowingly violated this subsection. The Governor
  867  shall remove from office a commissioner who is found by the
  868  Commission on Ethics to have willfully and knowingly violated
  869  this subsection after a previous finding by the Commission on
  870  Ethics that the commissioner willfully and knowingly violated
  871  this subsection in a separate matter.
  872         3.If a commissioner fails or refuses to pay the Commission
  873  on Ethics any civil penalties assessed pursuant to this
  874  subsection, the Commission on Ethics may bring an action in any
  875  circuit court to enforce such penalty.
  876         4.If, during the course of an investigation by the
  877  Commission on Ethics into an alleged violation of this
  878  subsection, allegations are made as to the identity of the
  879  person who participated in the ex parte communication, that
  880  person must be given notice and an opportunity to participate in
  881  the investigation and relevant proceedings to present a defense.
  882  If the Commission on Ethics determines that the person
  883  participated in the ex parte communication, the person may not
  884  appear before the commission or otherwise represent anyone
  885  before the commission for a period of 2 years.
  886         Section 8. Paragraphs (a) and (d) of subsection (1) of
  887  section 20.055, Florida Statutes, are amended, and subsection
  888  (2) of that section is republished, to read:
  889         20.055 Agency inspectors general.—
  890         (1) As used in this section, the term:
  891         (a) “Agency head” means the Governor, a Cabinet officer, or
  892  a secretary or executive director as those terms are defined in
  893  s. 20.03, the chair of the Public Service Commission, the
  894  Director of the Office of Insurance Regulation of the Financial
  895  Services Commission, the Director of the Office of Financial
  896  Regulation of the Financial Services Commission, the board of
  897  directors of the Florida Housing Finance Corporation, the
  898  executive director of the Office of Early Learning, the chair of
  899  the Florida Gaming Control Commission, and the Chief Justice of
  900  the State Supreme Court.
  901         (d) “State agency” means each department created pursuant
  902  to this chapter and the Executive Office of the Governor, the
  903  Department of Military Affairs, the Fish and Wildlife
  904  Conservation Commission, the Office of Insurance Regulation of
  905  the Financial Services Commission, the Office of Financial
  906  Regulation of the Financial Services Commission, the Public
  907  Service Commission, the Board of Governors of the State
  908  University System, the Florida Housing Finance Corporation, the
  909  Office of Early Learning, the Florida Gaming Control Commission,
  910  and the state courts system.
  911         (2) An office of inspector general is established in each
  912  state agency to provide a central point for coordination of and
  913  responsibility for activities that promote accountability,
  914  integrity, and efficiency in government. It is the duty and
  915  responsibility of each inspector general, with respect to the
  916  state agency in which the office is established, to:
  917         (a) Advise in the development of performance measures,
  918  standards, and procedures for the evaluation of state agency
  919  programs.
  920         (b) Assess the reliability and validity of the information
  921  provided by the state agency on performance measures and
  922  standards, and make recommendations for improvement, if
  923  necessary, before submission of such information pursuant to s.
  924  216.1827.
  925         (c) Review the actions taken by the state agency to improve
  926  program performance and meet program standards and make
  927  recommendations for improvement, if necessary.
  928         (d) Provide direction for, supervise, and coordinate
  929  audits, investigations, and management reviews relating to the
  930  programs and operations of the state agency, except that when
  931  the inspector general does not possess the qualifications
  932  specified in subsection (4), the director of auditing shall
  933  conduct such audits.
  934         (e) Conduct, supervise, or coordinate other activities
  935  carried out or financed by that state agency for the purpose of
  936  promoting economy and efficiency in the administration of, or
  937  preventing and detecting fraud and abuse in, its programs and
  938  operations.
  939         (f) Keep the agency head or, for state agencies under the
  940  jurisdiction of the Governor, the Chief Inspector General
  941  informed concerning fraud, abuses, and deficiencies relating to
  942  programs and operations administered or financed by the state
  943  agency, recommend corrective action concerning fraud, abuses,
  944  and deficiencies, and report on the progress made in
  945  implementing corrective action.
  946         (g) Ensure effective coordination and cooperation between
  947  the Auditor General, federal auditors, and other governmental
  948  bodies with a view toward avoiding duplication.
  949         (h) Review, as appropriate, rules relating to the programs
  950  and operations of such state agency and make recommendations
  951  concerning their impact.
  952         (i) Ensure that an appropriate balance is maintained
  953  between audit, investigative, and other accountability
  954  activities.
  955         (j) Comply with the General Principles and Standards for
  956  Offices of Inspector General as published and revised by the
  957  Association of Inspectors General.
  958         Section 9. Effective July 1, 2022, paragraph (g) of
  959  subsection (2) of section 20.165, Florida Statutes, is amended
  960  to read:
  961         20.165 Department of Business and Professional Regulation.
  962  There is created a Department of Business and Professional
  963  Regulation.
  964         (2) The following divisions of the Department of Business
  965  and Professional Regulation are established:
  966         (g) Division of Pari-mutuel Wagering.
  967         Section 10. Effective July 1, 2022, paragraph (f) of
  968  subsection (1) and subsection (7) of section 285.710, Florida
  969  Statutes, are amended to read:
  970         285.710 Compact authorization.—
  971         (1) As used in this section, the term:
  972         (f) “State compliance agency” means the Florida Gaming
  973  Control Commission Division of Pari-mutuel Wagering of the
  974  Department of Business and Professional Regulation which is
  975  designated as the state agency having the authority to carry out
  976  the state’s oversight responsibilities under the compact.
  977         (7) The Florida Gaming Control Commission The Division of
  978  Pari-mutuel Wagering of the Department of Business and
  979  Professional Regulation is designated as the state compliance
  980  agency having the authority to carry out the state’s oversight
  981  responsibilities under the compact authorized by this section.
  982         Section 11. (1)Effective July 1, 2022, all powers, duties,
  983  functions, records, offices, personnel, associated
  984  administrative support positions, property, pending issues,
  985  existing contracts, administrative authority, administrative
  986  rules, and unexpended balances of appropriations, allocations,
  987  and other funds in the Department of Business and Professional
  988  Regulation related to the oversight responsibilities by the
  989  state compliance agency for authorized gaming compacts under s.
  990  285.710, Florida Statutes, the regulation of pari-mutuel
  991  wagering under chapter 550, Florida Statutes, the regulation of
  992  slot machines and slot machine gaming under chapter 551, Florida
  993  Statutes, and the regulation of cardrooms under s. 849.086,
  994  Florida Statutes, are transferred by a type two transfer, as
  995  defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
  996  Control Commission within the Department of Legal Affairs,
  997  Office of the Attorney General.
  998         (2) Notwithstanding chapter 60L-34, Florida Administrative
  999  Code, or any law to the contrary, employees who are transferred
 1000  from the Department of Business and Professional Regulation to
 1001  the Florida Gaming Control Commission within the Department of
 1002  Legal Affairs, Office of the Attorney General, to fill positions
 1003  transferred by this act retain and transfer any accrued annual
 1004  leave, sick leave, and regular and special compensatory leave
 1005  balances.
 1006         (3)Effective July 1, 2022, the Pari-mutuel Wagering Trust
 1007  Fund under s. 455.116, Florida Statutes, is transferred from the
 1008  Department of Business and Professional Regulation to the
 1009  Florida Gaming Control Commission.
 1010         Section 12. Paragraph (a) of subsection (2) of section
 1011  932.701, Florida Statutes, is amended to read:
 1012         932.701 Short title; definitions.—
 1013         (2) As used in the Florida Contraband Forfeiture Act:
 1014         (a) “Contraband article” means:
 1015         1. Any controlled substance as defined in chapter 893 or
 1016  any substance, device, paraphernalia, or currency or other means
 1017  of exchange that was used, was attempted to be used, or was
 1018  intended to be used in violation of any provision of chapter
 1019  893, if the totality of the facts presented by the state is
 1020  clearly sufficient to meet the state’s burden of establishing
 1021  probable cause to believe that a nexus exists between the
 1022  article seized and the narcotics activity, whether or not the
 1023  use of the contraband article can be traced to a specific
 1024  narcotics transaction.
 1025         2. Any equipment, gambling device, apparatus, material of
 1026  gaming, proceeds, substituted proceeds, real or personal
 1027  property, Internet domain name, gambling paraphernalia, lottery
 1028  tickets, money, currency, or other means of exchange which was
 1029  obtained, received, used, was attempted to be used, or intended
 1030  to be used in violation of the gambling laws of the state,
 1031  including any violation of chapter 24, part II of chapter 285,
 1032  chapter 546, chapter 550, chapter 551, or chapter 849.
 1033         3. Any equipment, liquid or solid, which was being used, is
 1034  being used, was attempted to be used, or intended to be used in
 1035  violation of the beverage or tobacco laws of the state.
 1036         4. Any motor fuel upon which the motor fuel tax has not
 1037  been paid as required by law.
 1038         5. Any personal property, including, but not limited to,
 1039  any vessel, aircraft, item, object, tool, substance, device,
 1040  weapon, machine, vehicle of any kind, money, securities, books,
 1041  records, research, negotiable instruments, or currency, which
 1042  was used or was attempted to be used as an instrumentality in
 1043  the commission of, or in aiding or abetting in the commission
 1044  of, any felony, whether or not comprising an element of the
 1045  felony, or which is acquired by proceeds obtained as a result of
 1046  a violation of the Florida Contraband Forfeiture Act.
 1047         6. Any real property, including any right, title,
 1048  leasehold, or other interest in the whole of any lot or tract of
 1049  land, which was used, is being used, or was attempted to be used
 1050  as an instrumentality in the commission of, or in aiding or
 1051  abetting in the commission of, any felony, or which is acquired
 1052  by proceeds obtained as a result of a violation of the Florida
 1053  Contraband Forfeiture Act.
 1054         7. Any personal property, including, but not limited to,
 1055  equipment, money, securities, books, records, research,
 1056  negotiable instruments, currency, or any vessel, aircraft, item,
 1057  object, tool, substance, device, weapon, machine, or vehicle of
 1058  any kind in the possession of or belonging to any person who
 1059  takes aquaculture products in violation of s. 812.014(2)(c).
 1060         8. Any motor vehicle offered for sale in violation of s.
 1061  320.28.
 1062         9. Any motor vehicle used during the course of committing
 1063  an offense in violation of s. 322.34(9)(a).
 1064         10. Any photograph, film, or other recorded image,
 1065  including an image recorded on videotape, a compact disc,
 1066  digital tape, or fixed disk, that is recorded in violation of s.
 1067  810.145 and is possessed for the purpose of amusement,
 1068  entertainment, sexual arousal, gratification, or profit, or for
 1069  the purpose of degrading or abusing another person.
 1070         11. Any real property, including any right, title,
 1071  leasehold, or other interest in the whole of any lot or tract of
 1072  land, which is acquired by proceeds obtained as a result of
 1073  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
 1074  property, including, but not limited to, equipment, money,
 1075  securities, books, records, research, negotiable instruments, or
 1076  currency; or any vessel, aircraft, item, object, tool,
 1077  substance, device, weapon, machine, or vehicle of any kind in
 1078  the possession of or belonging to any person which is acquired
 1079  by proceeds obtained as a result of Medicaid fraud under s.
 1080  409.920 or s. 409.9201.
 1081         12. Any personal property, including, but not limited to,
 1082  any vehicle, item, object, tool, device, weapon, machine, money,
 1083  security, book, or record, that is used or attempted to be used
 1084  as an instrumentality in the commission of, or in aiding and
 1085  abetting in the commission of, a person’s third or subsequent
 1086  violation of s. 509.144, whether or not comprising an element of
 1087  the offense.
 1088         Section 13. The Division of Law Revision shall prepare a
 1089  reviser’s bill effective July 1, 2022, to replace references to
 1090  the Division of Pari-mutuel Wagering and references to the
 1091  Department of Business and Professional Regulation relating to
 1092  gaming with references to the Florida Gaming Control Commission
 1093  to conform the Florida Statutes to the transfer described in
 1094  section 11 of this act.
 1095         Section 14. (1)For the 2021-2022 fiscal year, the sum of
 1096  $2 million in nonrecurring funds from the General Revenue Fund
 1097  is appropriated and 15 positions with associated salary rate of
 1098  1,250,000 are authorized to the Florida Gaming Control
 1099  Commission for the purposes of implementing this act. These
 1100  funds shall support five commissioners, an executive director,
 1101  general counsel, and other agency personnel as needed. The funds
 1102  shall cover all expenditures of the commission, including, but
 1103  not limited to, salaries and benefits, travel, background
 1104  investigations, and fingerprinting fees.
 1105         (2)For the 2021-2022 fiscal year, the sum of $100,000 in
 1106  nonrecurring funds from the General Revenue Fund is appropriated
 1107  to the Department of Business and Professional Regulation for
 1108  administrative support related to the Florida Gaming Control
 1109  Commission. The Department of Business and Professional
 1110  Regulation shall provide administrative support to the Florida
 1111  Gaming Control Commission during the 2021-2022 fiscal year,
 1112  including, but not limited to, human resource management,
 1113  accounting, and budgeting.
 1114         Section 15. (1)The Department of Business and Professional
 1115  Regulation, in coordination with the Department of Legal Affairs
 1116  and the Department of Management Services, shall establish a
 1117  working group to prepare the Florida Gaming Control Commission’s
 1118  legislative budget request for fiscal year 2022-2023 to be
 1119  submitted by the Department of Business and Professional
 1120  Regulation. The working group shall develop estimates for the
 1121  amount of money needed for administration of the commission,
 1122  including, but not limited to, costs relating to overall
 1123  staffing and administrative support; infrastructure and office
 1124  space; integration of technology systems and data needs and
 1125  transfers; law enforcement accreditation, staffing, and
 1126  training; organizational structure; and other matters deemed
 1127  necessary or appropriate by the working group to assure the
 1128  seamless establishment of the commission and orderly transition
 1129  of the duties and responsibilities under the transfer described
 1130  in section 11 of this act.
 1131         (2)This section shall take effect upon this act becoming a
 1132  law.
 1133         Section 16. If any law amended by this act was also amended
 1134  by a law enacted during the 2021 Regular Session of the
 1135  Legislature, such laws shall be construed as if they had been
 1136  enacted during the same session of the Legislature, and full
 1137  effect shall be given to each if possible.
 1138         Section 17. Except as otherwise expressly provided in this
 1139  act and except for this section, which shall take effect upon
 1140  becoming a law, this act shall take effect on the same date that
 1141  SB 2A or similar legislation takes effect, if such legislation
 1142  is adopted in the same legislative session or an extension
 1143  thereof and becomes a law.