Florida Senate - 2022             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2510
       
       
       
       
       
       
                                Ì634748MÎ634748                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .           Floor: AD            
             03/14/2022 12:13 PM       .      03/14/2022 12:44 PM       
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       The Conference Committee on SB 2510 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (a) of subsection (2) of section
    7  16.71, Florida Statutes, is amended, and subsection (6) is added
    8  to that section, to read:
    9         16.71 Florida Gaming Control Commission; creation;
   10  meetings; membership.—
   11         (2) MEMBERSHIP.—
   12         (a) The commission shall consist of five members appointed
   13  by the Governor, and subject to confirmation by the Senate, for
   14  terms of 4 years. Members of the commission must be appointed by
   15  January 1, 2022. The Governor shall consider appointees who
   16  reflect Florida’s racial, ethnic, and gender diversity. Of the
   17  initial five members appointed by the Governor, and immediately
   18  upon appointment, the Governor shall appoint one of the members
   19  as the initial chair and one of the members as the initial vice
   20  chair. At the end of the initial chair’s and vice chair’s terms
   21  pursuant to subparagraph 1., the commission shall elect one of
   22  the members of the commission as chair and one of the members of
   23  the commission as vice chair.
   24         1. For the purpose of providing staggered terms, of the
   25  initial appointments, two members shall be appointed to 4-year
   26  terms, two members shall be appointed to 3-year terms, and one
   27  member shall be appointed to a 2-year term.
   28         2. Of the five members, at least one member must have at
   29  least 10 years of experience in law enforcement and criminal
   30  investigations, at least one member must be a certified public
   31  accountant licensed in this state with at least 10 years of
   32  experience in accounting and auditing, and at least one member
   33  must be an attorney admitted and authorized to practice law in
   34  this state for at least the preceding 10 years.
   35         3. Of the five members, each appellate district shall have
   36  one member appointed from the district to the commission who is
   37  a resident of the district at the time of the original
   38  appointment.
   39         (6) PARI-MUTUEL WAGERING TRUST FUND.—The commission shall
   40  administer the Pari-mutuel Wagering Trust Fund.
   41         Section 2. Paragraph (a) of subsection (2) of section
   42  16.713, Florida Statutes, is amended to read:
   43         16.713 Florida Gaming Control Commission; appointment and
   44  employment restrictions.—
   45         (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
   46  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
   47  COMMISSION.—
   48         (a) A person may not, for the 2 years immediately preceding
   49  the date of appointment to or employment with the commission and
   50  while appointed to or employed with the commission:
   51         1. Hold a permit or license issued under chapter 550 or a
   52  license issued under chapter 551 or chapter 849; be an officer,
   53  official, or employee of such permitholder or licensee; or be an
   54  ultimate equitable owner, as defined in s. 550.002(37), of such
   55  permitholder or licensee;
   56         2. Be an officer, official, employee, or other person with
   57  duties or responsibilities relating to a gaming operation owned
   58  by an Indian tribe that has a valid and active compact with the
   59  state; be a contractor or subcontractor of such tribe or an
   60  entity employed, licensed, or contracted by such tribe; or be an
   61  ultimate equitable owner, as defined in s. 550.002(37), of such
   62  entity;
   63         3. Be a registered lobbyist for the executive or
   64  legislative branch, except while a commissioner or employee of
   65  the commission when officially representing the commission or
   66  unless the person registered as a lobbyist for the executive or
   67  legislative branch while employed by a state agency as defined
   68  in s. 110.107 during the normal course of his or her employment
   69  with such agency and he or she has not lobbied on behalf of any
   70  entity other than a state agency during the 2 years immediately
   71  preceding the date of his or her appointment to or employment
   72  with the commission; or
   73         4. Be a bingo game operator or an employee of a bingo game
   74  operator.
   75  
   76  For the purposes of this subsection, the term “relative” means a
   77  spouse, father, mother, son, daughter, grandfather, grandmother,
   78  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
   79  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
   80  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
   81  stepbrother, stepsister, half-brother, or half-sister.
   82         Section 3. Subsection (4) of section 120.80, Florida
   83  Statutes, is amended, and subsection (19) is added to that
   84  section, to read:
   85         120.80 Exceptions and special requirements; agencies.—
   86         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
   87         (a)Business regulation.—The Division of Pari-mutuel
   88  Wagering is exempt from the hearing and notice requirements of
   89  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
   90  boards of judges when the hearing is to be held for the purpose
   91  of the imposition of fines or suspensions as provided by rules
   92  of the Division of Pari-mutuel Wagering, but not for
   93  revocations, and only upon violations of subparagraphs 1.-6. The
   94  Division of Pari-mutuel Wagering shall adopt rules establishing
   95  alternative procedures, including a hearing upon reasonable
   96  notice, for the following violations:
   97         1. Horse riding, harness riding, greyhound interference,
   98  and jai alai game actions in violation of chapter 550.
   99         2. Application and usage of drugs and medication to horses,
  100  greyhounds, and jai alai players in violation of chapter 550.
  101         3. Maintaining or possessing any device which could be used
  102  for the injection or other infusion of a prohibited drug to
  103  horses, greyhounds, and jai alai players in violation of chapter
  104  550.
  105         4. Suspensions under reciprocity agreements between the
  106  Division of Pari-mutuel Wagering and regulatory agencies of
  107  other states.
  108         5. Assault or other crimes of violence on premises licensed
  109  for pari-mutuel wagering.
  110         6. Prearranging the outcome of any race or game.
  111         (b) Professional regulation.Notwithstanding s.
  112  120.57(1)(a), formal hearings may not be conducted by the
  113  Secretary of Business and Professional Regulation or a board or
  114  member of a board within the Department of Business and
  115  Professional Regulation for matters relating to the regulation
  116  of professions, as defined by chapter 455.
  117         (19)FLORIDA GAMING CONTROL COMMISSION.—The Florida Gaming
  118  Control Commission is exempt from the hearing and notice
  119  requirements of ss. 120.569 and 120.57(1)(a), but only for
  120  stewards, judges, and boards of judges when the hearing is to be
  121  held for the purpose of the imposition of fines or suspensions
  122  as provided by rules of the commission, but not for revocations,
  123  and only upon violations of paragraphs (a)-(f). The commission
  124  shall adopt rules establishing alternative procedures, including
  125  a hearing upon reasonable notice, for the following violations:
  126         (a) Horse riding, harness riding, and jai alai game actions
  127  in violation of chapter 550.
  128         (b)Application and usage of drugs and medication to horses
  129  and jai alai players in violation of chapter 550.
  130         (c) Maintaining or possessing any device which could be
  131  used for the injection or other infusion of a prohibited drug to
  132  horses and jai alai players in violation of chapter 550.
  133         (d) Suspensions under reciprocity agreements between the
  134  commission and regulatory agencies of other states.
  135         (e) Assault or other crimes of violence on premises
  136  licensed for pari-mutuel wagering.
  137         (f) Prearranging the outcome of any race or game.
  138         Section 4. Subsection (6) of section 455.116, Florida
  139  Statutes, is amended to read:
  140         455.116 Regulation trust funds.—The following trust funds
  141  shall be placed in the department:
  142         (6) Pari-mutuel Wagering Trust Fund.
  143         Section 5. Section 550.135, Florida Statutes, is amended to
  144  read:
  145         550.135 Division of moneys derived under this law.—All
  146  moneys that are deposited with the Chief Financial Officer to
  147  the credit of the Pari-mutuel Wagering Trust Fund shall be
  148  distributed as follows:
  149         (1) The daily license fee revenues collected pursuant to s.
  150  550.0951(1) shall be used to fund the operating cost of the
  151  commission division and to provide a proportionate share of the
  152  operation of the office of the secretary and the Division of
  153  Administration of the Department of Business and Professional
  154  Regulation; however, other collections in the Pari-mutuel
  155  Wagering Trust Fund may also be used to fund the operation of
  156  the commission division in accordance with authorized
  157  appropriations.
  158         (2) All unappropriated funds in excess of $1.5 million in
  159  the Pari-mutuel Wagering Trust Fund, collected pursuant to this
  160  chapter, shall be deposited with the Chief Financial Officer to
  161  the credit of the General Revenue Fund.
  162         (3) The slot machine license fee, the slot machine
  163  occupational license fee, and the compulsive or addictive
  164  gambling prevention program fee collected pursuant to ss.
  165  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
  166  direct and indirect operating expenses of the commission’s
  167  division’s slot machine regulation operations and to provide
  168  funding for relevant enforcement activities in accordance with
  169  authorized appropriations. Funds deposited into the Pari-mutuel
  170  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
  171  and 551.118 shall be reserved in the trust fund for slot machine
  172  regulation operations. On June 30, any unappropriated funds in
  173  excess of those necessary for incurred obligations and
  174  subsequent year cash flow for slot machine regulation operations
  175  shall be deposited with the Chief Financial Officer to the
  176  credit of the General Revenue Fund.
  177         Section 6. Paragraph (b) of subsection (1) of section
  178  551.106, Florida Statutes, is amended to read:
  179         551.106 License fee; tax rate; penalties.—
  180         (1) LICENSE FEE.—
  181         (b) Before Prior to January 1, 2026 2007, the commission
  182  division shall evaluate the license fee and shall make
  183  recommendations to the President of the Senate and the Speaker
  184  of the House of Representatives regarding the optimum level of
  185  slot machine license fees in order to adequately support the
  186  slot machine regulatory program.
  187         Section 7. Subsection (10) of section 849.094, Florida
  188  Statutes, is amended to read:
  189         849.094 Game promotion in connection with sale of consumer
  190  products or services.—
  191         (10) This section does not apply to actions or transactions
  192  regulated by the Department of Business and Professional
  193  Regulation or the Florida Gaming Control Commission or to the
  194  activities of nonprofit organizations or to any other
  195  organization engaged in any enterprise other than the sale of
  196  consumer products or services. Subsections (3), (4), (5), (6),
  197  and (7) and paragraph (8)(a) and any of the rules made pursuant
  198  thereto do not apply to television or radio broadcasting
  199  companies licensed by the Federal Communications Commission.
  200         Section 8. Subsection (5) of section 550.0251, Florida
  201  Statutes, is amended to read:
  202         550.0251 The powers and duties of the Florida Gaming
  203  Control Commission Division of Pari-mutuel Wagering of the
  204  Department of Business and Professional Regulation.—The
  205  commission division shall administer this chapter and regulate
  206  the pari-mutuel industry under this chapter and the rules
  207  adopted pursuant thereto, and:
  208         (5) The commission division may adopt rules establishing
  209  procedures for testing occupational licenseholders officiating
  210  at or participating in any race or game at any pari-mutuel
  211  facility under the jurisdiction of the commission division for a
  212  controlled substance or alcohol and may prescribe procedural
  213  matters not in conflict with s. 120.80(19) s. 120.80(4)(a).
  214         Section 9. Subsection (4) of section 550.24055, Florida
  215  Statutes, is amended to read:
  216         550.24055 Use of controlled substances or alcohol
  217  prohibited; testing of certain occupational licensees; penalty;
  218  evidence of test or action taken and admissibility for criminal
  219  prosecution limited.—
  220         (4) The provisions of s. 120.80(19) s. 120.80(4)(a) apply
  221  to all actions taken by the stewards, judges, or board of judges
  222  pursuant to this section without regard to the limitation
  223  contained therein.
  224         Section 10. Paragraph (g) of subsection (13) of section
  225  849.086, Florida Statutes, is amended to read:
  226         849.086 Cardrooms authorized.—
  227         (13) TAXES AND OTHER PAYMENTS.—
  228         (g) All of the moneys deposited in the Pari-mutuel Wagering
  229  Trust Fund, except as set forth in paragraph (h), shall be
  230  utilized and distributed in the manner specified in s.
  231  550.135(1) and (2). However, cardroom tax revenues shall be kept
  232  separate from pari-mutuel tax revenues and shall not be used for
  233  making the disbursement to counties provided in former s.
  234  550.135(1).
  235         Section 11. This act shall take effect July 1, 2022.
  236  
  237  ================= T I T L E  A M E N D M E N T ================
  238  And the title is amended as follows:
  239         Delete everything before the enacting clause
  240  and insert:
  241                        A bill to be entitled                      
  242         An act relating to the Florida Gaming Control
  243         Commission; amending s. 16.71, F.S.; deleting a
  244         requirement that a commissioner be appointed from each
  245         appellate district; requiring the commission to
  246         administer the Pari-mutuel Wagering Trust Fund;
  247         amending s. 16.713, F.S.; exempting certain state
  248         agency employees who are registered lobbyists from the
  249         prohibition against being appointed to or employed by
  250         the commission; amending s. 120.80, F.S.; exempting
  251         the commission from certain hearing and notice
  252         requirements; requiring the commission to adopt rules;
  253         deleting obsolete language; amending s. 455.116, F.S.;
  254         deleting obsolete language; amending s. 550.135, F.S.;
  255         deleting a provision requiring that a proportionate
  256         share of certain funds be used for certain purposes
  257         relating to the Department of Business and
  258         Professional Regulation; removing the requirement that
  259         certain funds be deposited in the General Revenue
  260         Fund; deleting provisions requiring that certain funds
  261         be used or reserved to fund slot machine regulation
  262         operations; conforming provisions to changes made by
  263         the act; amending s. 551.106, F.S.; requiring the
  264         commission to evaluate slot license fees and make
  265         specified recommendations to the Legislature before a
  266         specified date; amending s. 849.094, F.S.; revising
  267         applicability for game promotions in connection with
  268         the sale of consumer products or services; amending
  269         ss. 550.0251, 550.24055, and 849.086, F.S.; conforming
  270         provisions; providing an effective date.