Amendment
Bill No. CS/CS/CS/HB 1145
Amendment No. 137509
CHAMBER ACTION
Senate House
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1Representative Plakon offered the following:
2
3     Amendment to Amendment (295170) (with title amendment)
4     Between lines 659 and 660, insert:
5
6     Section 15.  Section 849.162, Florida Statutes, is created
7to read:
8     849.162  Simulated gambling devices.-
9     (1)  This section may be cited as the "Simulated Gambling
10Prohibition and Community Protection Act."
11     (2)  The Legislature finds that there is a compelling state
12interest in addressing the deleterious effects of the
13proliferation of electronic machines and devices used for
14simulated gambling or gaming. The Legislature declares that it
15is the intent of this section to prohibit the use of such
16devices.
17     (3)  As used in this section, the term:
18     (a)  "Simulated gambling device" means a mechanically or
19electronically operated machine, network, system, or device that
20is intended to be used by an entrant to a game promotion,
21sweepstakes, drawing, raffle, or any game of chance and that is
22capable of displaying a simulated gambling display on a screen
23or other mechanism.
24     (b)  "Simulated gambling display" means visual or aural
25information capable of being perceived by a user which takes the
26form of actual or simulated gambling or gaming play. The term
27includes, but is not limited to, displays depicting the
28following types of games:
29     1.  Reel games or simulations of reel games, such as slot
30machines, eight liners, or pot-of-gold.
31     2.  Card games or simulations of card games, such as video
32poker.
33     3.  Video games representing a game regulated by Florida
34law, such as bingo, sweepstakes, game promotions, drawings, or
35raffles.
36     4.  Video games representing a game prohibited by Florida
37law, such as craps, keno, and lotteries.
38     5.  Any video game based on or involving the random or
39chance matching of different pictures, words, numbers, or
40symbols.
41     (c)  "Gambling," "gaming," or "game" is not used to
42incorporate any legal definition of the term and does not
43necessitate the presence of elements of consideration, chance,
44or prize.
45     (4)  Notwithstanding any other provision of law, a person
46may not design, promote, or operate a simulated gambling device
47to:
48     (a)  Conduct a game promotion, sweepstakes, drawing,
49raffle, or any game of chance, including the entry process or
50the revealing of a prize or outcome; or
51     (b)  Promote a game promotion, sweepstakes, drawing,
52raffle, or any game of chance that is conducted through the use
53of a simulated gambling display, including the entry process or
54the revealing of a prize or outcome.
55     (5)  A person who violates this section commits a felony of
56the third degree, punishable as provided in s. 775.082, s.
57775.083, or s. 775.084.
58     (6)  A finding that a machine or device is a simulated
59gambling device under this section does not preclude a finding
60that it is also a slot machine or device under s. 849.16.
61     (7)  It is the intent of this section to prohibit any
62mechanism that seeks to avoid application of this section
63through the use of any subterfuge or pretense whatsoever.
64     (8)  Nothing in this section may be construed to prohibit:
65     (a)  Activity that is lawfully conducted on Indian lands
66pursuant to and in accordance with an approved Tribal-State
67Gaming Compact.
68     (b)  Activity that is lawfully conducted pursuant to s.
69849.161.
70     Section 16.  Paragraph (a) of subsection (1), subsection
71(2), and subsection (7) of section 849.0935, Florida Statutes,
72are amended, and paragraphs (j) and (k) are added to subsection
73(4) of that section, to read:
74     849.0935  Charitable, nonprofit organizations; drawings by
75chance; required disclosures; unlawful acts and practices;
76penalties.-
77     (1)  As used in this section, the term:
78     (a)  "Drawing by chance," or "drawing," or "raffle" means
79an enterprise in which, from the entries submitted by the public
80to the organization conducting the drawing, one or more entries
81are selected by chance to win a prize. The term "drawing" does
82not include those enterprises, commonly known as "game
83promotions," as defined by s. 849.094, "matching," "instant
84winner," or "preselected sweepstakes," which involve the
85distribution of winning numbers, previously designated as such,
86to the public.
87     (2)  The provisions of s. 849.09 shall not be construed to
88prohibit an organization qualified under 26 U.S.C. s. 501(c)(3),
89(4), (7), (8), (10), or (19) from conducting drawings by chance
90pursuant to the authority granted by this section, provided the
91organization has complied with all applicable provisions of
92chapter 496 and this section.
93     (4)  It is unlawful for any organization which, pursuant to
94the authority granted by this section, promotes, operates, or
95conducts a drawing by chance:
96     (j)  To design, engage in, promote, or conduct any drawing
97using a simulated gambling device, as defined by s. 849.162.
98     (k)  To design, engage in, promote, or conduct any drawing
99through the use of any mechanically or electronically operated
100machine, network, system, or device that is:
101     1.  Owned, leased, or otherwise controlled by the
102organization or a partner, affiliate, subsidiary, contractor, or
103agent of the organization; and
104     2.  Operated, played, or otherwise interacted with by an
105entrant to the drawing.
106     (7)(a)  Any organization which engages in any act or
107practice in violation of this section is guilty of a misdemeanor
108of the second degree, punishable as provided in s. 775.082 or s.
109775.083. However, Any organization or other person who sells or
110offers for sale in this state a ticket or entry blank for a
111raffle or other drawing by chance, without complying with the
112requirements of paragraph (3)(d), commits is guilty of a
113misdemeanor of the second degree, punishable by fine only as
114provided in s. 775.083.
115     (b)  Any organization or person who violates paragraph
116(4)(j) or paragraph (4)(k) commits a misdemeanor of the first
117degree, punishable as provided in s. 775.082 or s. 775.083.
118     (c)  Any organization that engages in any other act or
119practice in violation of this section commits a misdemeanor of
120the second degree, punishable as provided in s. 775.082 or s.
121775.083.
122     Section 17.  Section 849.094, Florida Statutes, is amended
123to read:
124     849.094  Game promotion in connection with sale of consumer
125products or services.-
126     (1)  As used in this section, the term:
127     (a)  "Game promotion" means, but is not limited to, a
128contest, game of chance, sweepstakes, or gift enterprise,
129conducted by an operator within or throughout the state and
130other states in connection with and incidental to the sale of
131consumer products or services, and in which the elements of
132chance and prize are present. However, "game promotion" may
133shall not be construed to apply to bingo games conducted
134pursuant to s. 849.0931.
135     (b)  "Operator" means any person, firm, corporation,
136enterprise, organization, or association or agent or employee
137thereof who promotes, operates, or conducts a game promotion,
138except any charitable nonprofit organization.
139     (2)  The provisions of s. 849.09 may not be construed to
140prohibit an operator from conducting a game promotion pursuant
141to this section, provided the operator has complied with the
142provisions of this section.
143     (3)  No organization, as defined by s. 849.0935, may
144operate a game promotion.
145     (4)(2)  It is unlawful for any operator:
146     (a)  To design, engage in, promote, or conduct such a game
147promotion through a simulated gambling device, as defined in s.
148849.162.
149     (b)  To design, engage in, promote, or conduct such a game
150promotion through the use of any mechanically or electronically
151operated machine, network, system, or device that is:
152     1.  Owned, leased, or otherwise controlled by the
153organization or the organization's partners, affiliates,
154subsidiaries, contractors, or agents; and
155     2.  Operated, played, or otherwise interacted with by an
156entrant to the game promotion.
157     (c)(a)  To design, engage in, promote, or conduct such a
158game promotion, in connection with the promotion or sale of
159consumer products or services, wherein the winner may be
160predetermined or the game may be manipulated or rigged so as to:
161     1.  Allocate a winning game or any portion thereof to
162certain lessees, agents, or franchises; or
163     2.  Allocate a winning game or part thereof to a particular
164period of the game promotion or to a particular geographic area;
165     (d)(b)  Arbitrarily to remove, disqualify, disallow, or
166reject any entry;
167     (e)(c)  To fail to award prizes offered;
168     (f)(d)  To print, publish, or circulate literature or
169advertising material used in connection with such game
170promotions which is false, deceptive, or misleading; or
171     (g)(e)  To require an entry fee, payment, or proof of
172purchase as a condition of entering a game promotion.
173     (5)(3)  The operator of a game promotion in which the total
174announced value of the prizes offered is greater than $5,000
175shall file with the Department of Agriculture and Consumer
176Services a copy of the rules and regulations of the game
177promotion and a list of all prizes and prize categories offered
178at least 7 days before the commencement of the game promotion.
179Such rules and regulations may not thereafter be changed,
180modified, or altered. The operator of a game promotion shall
181conspicuously post the rules and regulations of such game
182promotion in each and every retail outlet or place where such
183game promotion may be played or participated in by the public
184and shall also publish the rules and regulations in all
185advertising copy used in connection therewith. However, such
186advertising copy need only include the material terms of the
187rules and regulations if the advertising copy includes a website
188address, a toll-free telephone number, or a mailing address
189where the full rules and regulations may be viewed, heard, or
190obtained for the full duration of the game promotion. Such
191disclosures must be legible. Radio and television announcements
192may indicate that the rules and regulations are available at
193retail outlets or from the operator of the promotion. A
194nonrefundable filing fee of $100 shall accompany each filing and
195shall be used to pay the costs incurred in administering and
196enforcing the provisions of this section.
197     (6)(4)(a)  Every operator of such a game promotion in which
198the total announced value of the prizes offered is greater than
199$5,000 shall establish a trust account, in a national or state-
200chartered financial institution, with a balance sufficient to
201pay or purchase the total value of all prizes offered. On a form
202supplied by the Department of Agriculture and Consumer Services,
203an official of the financial institution holding the trust
204account shall set forth the dollar amount of the trust account,
205the identity of the entity or individual establishing the trust
206account, and the name of the game promotion for which the trust
207account has been established. Such form shall be filed with the
208Department of Agriculture and Consumer Services at least 7 days
209in advance of the commencement of the game promotion. In lieu of
210establishing such trust account, the operator may obtain a
211surety bond in an amount equivalent to the total value of all
212prizes offered; and such bond shall be filed with the Department
213of Agriculture and Consumer Services at least 7 days in advance
214of the commencement of the game promotion.
215     1.  The moneys held in the trust account may be withdrawn
216in order to pay the prizes offered only upon certification to
217the Department of Agriculture and Consumer Services of the name
218of the winner or winners and the amount of the prize or prizes
219and the value thereof.
220     2.  If the operator of a game promotion has obtained a
221surety bond in lieu of establishing a trust account, the amount
222of the surety bond shall equal at all times the total amount of
223the prizes offered.
224     (b)  The Department of Agriculture and Consumer Services
225may waive the provisions of this subsection for any operator who
226has conducted game promotions in the state for not less than 5
227consecutive years and who has not had any civil, criminal, or
228administrative action instituted against him or her by the state
229or an agency of the state for violation of this section within
230that 5-year period. Such waiver may be revoked upon the
231commission of a violation of this section by such operator, as
232determined by the Department of Agriculture and Consumer
233Services.
234     (7)(5)  Every operator of a game promotion in which the
235total announced value of the prizes offered is greater than
236$5,000 shall provide the Department of Agriculture and Consumer
237Services with a certified list of the names and addresses of all
238persons, whether from this state or from another state, who have
239won prizes which have a value of more than $25, the value of
240such prizes, and the dates when the prizes were won within 60
241days after such winners have been finally determined. The
242operator shall provide a copy of the list of winners, without
243charge, to any person who requests it. In lieu of the foregoing,
244the operator of a game promotion may, at his or her option,
245publish the same information about the winners in a Florida
246newspaper of general circulation within 60 days after such
247winners have been determined and shall provide to the Department
248of Agriculture and Consumer Services a certified copy of the
249publication containing the information about the winners. The
250operator of a game promotion is not required to notify a winner
251by mail or by telephone when the winner is already in possession
252of a game card from which the winner can determine that he or
253she has won a designated prize. All winning entries shall be
254held by the operator for a period of 90 days after the close or
255completion of the game.
256     (8)(6)  The Department of Agriculture and Consumer Services
257shall keep the certified list of winners for a period of at
258least 6 months after receipt of the certified list. The
259department thereafter may dispose of all records and lists.
260     (9)(7)  No operator shall force, directly or indirectly, a
261lessee, agent, or franchise dealer to purchase or participate in
262any game promotion. For the purpose of this section, coercion or
263force shall be presumed in these circumstances in which a course
264of business extending over a period of 1 year or longer is
265materially changed coincident with a failure or refusal of a
266lessee, agent, or franchise dealer to participate in such game
267promotions. Such force or coercion shall further be presumed
268when an operator advertises generally that game promotions are
269available at its lessee dealers or agent dealers.
270     (10)(8)(a)  The Department of Agriculture and Consumer
271Services shall have the power to promulgate such rules and
272regulations respecting the operation of game promotions as it
273may deem advisable. However, the department may not authorize
274the operation or possession of a slot machine or device or any
275other device that is otherwise prohibited from operation or
276possession in the state and may not authorize game promotions to
277be conducted through the use of any mechanically or
278electronically operated machine, network, system, or device.
279     (b)  Compliance with the rules of the department does not
280authorize and is not a defense to a charge of possession of a
281slot machine or device or any other device or a violation of any
282other law.
283     (c)(b)  Whenever the Department of Agriculture and Consumer
284Services or the Department of Legal Affairs has reason to
285believe that a game promotion is being operated in violation of
286this section, it may bring an action in the circuit court of any
287judicial circuit in which the game promotion is being operated
288in the name and on behalf of the people of the state against any
289operator thereof to enjoin the continued operation of such game
290promotion anywhere within the state.
291     (11)(9)(a)  Any person, firm, or corporation, or
292association or agent or employee thereof, who engages in any
293acts or practices stated in this section to be unlawful, or who
294violates any of the rules and regulations made pursuant to this
295section, commits is guilty of a misdemeanor of the second
296degree, punishable as provided in s. 775.082 or s. 775.083.
297     (b)  Any person, firm, or corporation, or association or
298agent or employee thereof, who violates paragraph (4)(f) or
299paragraph (4)(g) commits a felony of the third degree,
300punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
301     (c)(b)  Any person, firm, corporation, association, agent,
302or employee who violates any provision of this section or any of
303the rules and regulations made pursuant to this section shall be
304liable for a civil penalty of not more than $1,000 for each such
305violation, which shall accrue to the state and may be recovered
306in a civil action brought by the Department of Agriculture and
307Consumer Services or the Department of Legal Affairs.
308     (12)  A violation of this section, or soliciting another to
309do an act which violates this section, is a deceptive and unfair
310trade practice.
311     (13)(10)  This section does not apply to actions or
312transactions regulated by the Department of Business and
313Professional Regulation or to the activities of nonprofit
314organizations or to any other organization engaged in any
315enterprise other than the sale of consumer products or services.
316Subsections (3), (4), (5), (6), and (7), (8), and (9) and
317paragraph (10)(8)(a) and any of the rules made pursuant thereto
318do not apply to television or radio broadcasting companies
319licensed by the Federal Communications Commission.
320     (14)  This section does not prohibit a corporation, or its
321wholly owned subsidiaries, or a franchisee association or
322cooperative thereof, that is registered under the federal
323Securities Exchange Act of 1934 and has total assets of not less
324than $25 million from conducting a game promotion that can be
325played on a electronic communication device, including, but not
326limited to, a computer or a cellular telephone.
327     Section 18.  Subsection (1) of section 849.15, Florida
328Statutes, is amended to read:
329     849.15  Manufacture, sale, possession, etc., of coin-
330operated devices prohibited.-
331     (1)  It is unlawful:
332     (a)  To manufacture, own, store, keep, possess, sell, rent,
333lease, let on shares, lend or give away, transport, or expose
334for sale or lease, or to offer to sell, rent, lease, let on
335shares, lend or give away, or permit the operation of, or for
336any person to permit to be placed, maintained, or used or kept
337in any room, space, or building owned, leased, or occupied by
338the person or under the person's management or control, any slot
339machine or device or any part thereof, or other gambling
340apparatus or any part thereof that is otherwise prohibited from
341operation or possession in the state; or
342     (b)  To make or to permit to be made with any person any
343agreement with reference to any slot machine or device, pursuant
344to which the user thereof, as a result of any element of chance
345or other outcome unpredictable to him or her, may become
346entitled to receive any money, credit, allowance, or thing of
347value or additional chance or right to use such machine or
348device, or to receive any check, slug, token, or memorandum
349entitling the holder to receive any money, credit, allowance, or
350thing of value.
351     Section 19.  Subsection (1) of section 849.16, Florida
352Statutes, is amended to read:
353     849.16  Machines or devices which come within provisions of
354law defined.-
355     (1)  Any machine or device or system or network of
356computers or other devices is a slot machine or device within
357the provisions of this chapter if it is one that is adapted for
358use in such a way that, as a result of the insertion of any
359piece of money, coin, code, account number, credit, or other
360object or method of activation, such machine, or device, or
361system or network of computers or other devices is caused to
362operate or may be operated, whether directly or as the result of
363indirect remote activation, and if the user, by reason of any
364element of chance or of any other outcome of such operation
365unpredictable by him or her, may:
366     (a)  Receive or become entitled to receive any piece of
367money, credit, allowance, or thing of value, or any check, slug,
368token, or memorandum, whether of value or otherwise, which may
369be exchanged for any money, credit, allowance, or thing of value
370or which may be given in trade; or
371     (b)  Secure additional chances or rights to use such
372machine, apparatus, or device, even though it may, in addition
373to any element of chance or unpredictable outcome of such
374operation, also sell, deliver, or present some merchandise,
375indication of weight, entertainment, or other thing of value.
376     Section 20.  Paragraph (a) of subsection (1) of section
377895.02, Florida Statutes, is amended to read:
378     895.02  Definitions.-As used in ss. 895.01-895.08, the
379term:
380     (1)  "Racketeering activity" means to commit, to attempt to
381commit, to conspire to commit, or to solicit, coerce, or
382intimidate another person to commit:
383     (a)  Any crime that is chargeable by petition, indictment,
384or information under the following provisions of the Florida
385Statutes:
386     1.  Section 210.18, relating to evasion of payment of
387cigarette taxes.
388     2.  Section 316.1935, relating to fleeing or attempting to
389elude a law enforcement officer and aggravated fleeing or
390eluding.
391     3.  Section 403.727(3)(b), relating to environmental
392control.
393     4.  Section 409.920 or s. 409.9201, relating to Medicaid
394fraud.
395     5.  Section 414.39, relating to public assistance fraud.
396     6.  Section 440.105 or s. 440.106, relating to workers'
397compensation.
398     7.  Section 443.071(4), relating to creation of a
399fictitious employer scheme to commit unemployment compensation
400fraud.
401     8.  Section 465.0161, relating to distribution of medicinal
402drugs without a permit as an Internet pharmacy.
403     9.  Section 499.0051, relating to crimes involving
404contraband and adulterated drugs.
405     10.  Part IV of chapter 501, relating to telemarketing.
406     11.  Chapter 517, relating to sale of securities and
407investor protection.
408     12.  Section 550.235 or s. 550.3551, relating to dogracing
409and horseracing.
410     13.  Chapter 550, relating to jai alai frontons.
411     14.  Section 551.109, relating to slot machine gaming.
412     15.  Chapter 552, relating to the manufacture,
413distribution, and use of explosives.
414     16.  Chapter 560, relating to money transmitters, if the
415violation is punishable as a felony.
416     17.  Chapter 562, relating to beverage law enforcement.
417     18.  Section 624.401, relating to transacting insurance
418without a certificate of authority, s. 624.437(4)(c)1., relating
419to operating an unauthorized multiple-employer welfare
420arrangement, or s. 626.902(1)(b), relating to representing or
421aiding an unauthorized insurer.
422     19.  Section 655.50, relating to reports of currency
423transactions, when such violation is punishable as a felony.
424     20.  Chapter 687, relating to interest and usurious
425practices.
426     21.  Section 721.08, s. 721.09, or s. 721.13, relating to
427real estate timeshare plans.
428     22.  Section 775.13(5)(b), relating to registration of
429persons found to have committed any offense for the purpose of
430benefiting, promoting, or furthering the interests of a criminal
431gang.
432     23.  Section 777.03, relating to commission of crimes by
433accessories after the fact.
434     24.  Chapter 782, relating to homicide.
435     25.  Chapter 784, relating to assault and battery.
436     26.  Chapter 787, relating to kidnapping or human
437trafficking.
438     27.  Chapter 790, relating to weapons and firearms.
439     28.  Chapter 794, relating to sexual battery, but only if
440such crime was committed with the intent to benefit, promote, or
441further the interests of a criminal gang, or for the purpose of
442increasing a criminal gang member's own standing or position
443within a criminal gang.
444     29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
445796.05, or s. 796.07, relating to prostitution and sex
446trafficking.
447     30.  Chapter 806, relating to arson and criminal mischief.
448     31.  Chapter 810, relating to burglary and trespass.
449     32.  Chapter 812, relating to theft, robbery, and related
450crimes.
451     33.  Chapter 815, relating to computer-related crimes.
452     34.  Chapter 817, relating to fraudulent practices, false
453pretenses, fraud generally, and credit card crimes.
454     35.  Chapter 825, relating to abuse, neglect, or
455exploitation of an elderly person or disabled adult.
456     36.  Section 827.071, relating to commercial sexual
457exploitation of children.
458     37.  Chapter 831, relating to forgery and counterfeiting.
459     38.  Chapter 832, relating to issuance of worthless checks
460and drafts.
461     39.  Section 836.05, relating to extortion.
462     40.  Chapter 837, relating to perjury.
463     41.  Chapter 838, relating to bribery and misuse of public
464office.
465     42.  Chapter 843, relating to obstruction of justice.
466     43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
467s. 847.07, relating to obscene literature and profanity.
468     44.  Section 849.09, s. 849.14, s. 849.15, s. 849.162, s.
469849.23, or s. 849.25, relating to gambling.
470     45.  Chapter 874, relating to criminal gangs.
471     46.  Chapter 893, relating to drug abuse prevention and
472control.
473     47.  Chapter 896, relating to offenses related to financial
474transactions.
475     48.  Sections 914.22 and 914.23, relating to tampering with
476or harassing a witness, victim, or informant, and retaliation
477against a witness, victim, or informant.
478     49.  Sections 918.12 and 918.13, relating to tampering with
479jurors and evidence.
480     Section 21.  Nothing in this act may be construed to
481authorize the possession or operation of any machine or device
482that is prohibited under any other provision of law.
483     Section 22.  Subsection (2) of section 721.111, Florida
484Statutes, is amended to read:
485     721.111  Prize and gift promotional offers.-
486     (2)  A game promotion, such as a contest of chance, gift
487enterprise, or sweepstakes, in which the elements of chance and
488prize are present may not be used in connection with the
489offering or sale of timeshare interests, except for drawings, as
490that term is defined in s. 849.0935(1)(a), in which no more than
49126 prizes are promoted and in which all promoted prizes are
492actually awarded. All such drawings must meet all requirements
493of this chapter and of ss. 849.092 and 849.094(1), (4) (2), and
494(9) (7).
495     Section 23.  For the purpose of incorporating the amendment
496made by this act to section 895.02, Florida Statutes, in a
497reference thereto, paragraph (a) of subsection (1) of section
49816.56, Florida Statutes, is reenacted to read:
499     16.56  Office of Statewide Prosecution.-
500     (1)  There is created in the Department of Legal Affairs an
501Office of Statewide Prosecution. The office shall be a separate
502"budget entity" as that term is defined in chapter 216. The
503office may:
504     (a)  Investigate and prosecute the offenses of:
505     1.  Bribery, burglary, criminal usury, extortion, gambling,
506kidnapping, larceny, murder, prostitution, perjury, robbery,
507carjacking, and home-invasion robbery;
508     2.  Any crime involving narcotic or other dangerous drugs;
509     3.  Any violation of the provisions of the Florida RICO
510(Racketeer Influenced and Corrupt Organization) Act, including
511any offense listed in the definition of racketeering activity in
512s. 895.02(1)(a), providing such listed offense is investigated
513in connection with a violation of s. 895.03 and is charged in a
514separate count of an information or indictment containing a
515count charging a violation of s. 895.03, the prosecution of
516which listed offense may continue independently if the
517prosecution of the violation of s. 895.03 is terminated for any
518reason;
519     4.  Any violation of the provisions of the Florida Anti-
520Fencing Act;
521     5.  Any violation of the provisions of the Florida
522Antitrust Act of 1980, as amended;
523     6.  Any crime involving, or resulting in, fraud or deceit
524upon any person;
525     7.  Any violation of s. 847.0135, relating to computer
526pornography and child exploitation prevention, or any offense
527related to a violation of s. 847.0135 or any violation of
528chapter 827 where the crime is facilitated by or connected to
529the use of the Internet or any device capable of electronic data
530storage or transmission;
531     8.  Any violation of the provisions of chapter 815;
532     9.  Any criminal violation of part I of chapter 499;
533     10.  Any violation of the provisions of the Florida Motor
534Fuel Tax Relief Act of 2004;
535     11.  Any criminal violation of s. 409.920 or s. 409.9201;
536     12.  Any crime involving voter registration, voting, or
537candidate or issue petition activities;
538     13.  Any criminal violation of the Florida Money Laundering
539Act; or
540     14.  Any criminal violation of the Florida Securities and
541Investor Protection Act; or any attempt, solicitation, or
542conspiracy to commit any of the crimes specifically enumerated
543above. The office shall have such power only when any such
544offense is occurring, or has occurred, in two or more judicial
545circuits as part of a related transaction, or when any such
546offense is connected with an organized criminal conspiracy
547affecting two or more judicial circuits. Informations or
548indictments charging such offenses shall contain general
549allegations stating the judicial circuits and counties in which
550crimes are alleged to have occurred or the judicial circuits and
551counties in which crimes affecting such circuits or counties are
552alleged to have been connected with an organized criminal
553conspiracy.
554     Section 24.  For the purpose of incorporating the amendment
555made by this act to section 849.16, Florida Statutes, in a
556reference thereto, subsection (1) of section 338.234, Florida
557Statutes, is reenacted to read:
558     338.234  Granting concessions or selling along the turnpike
559system; immunity from taxation.-
560     (1)  The department may enter into contracts or licenses
561with any person for the sale of services or products or business
562opportunities on the turnpike system, or the turnpike enterprise
563may sell services, products, or business opportunities on the
564turnpike system, which benefit the traveling public or provide
565additional revenue to the turnpike system. Services, business
566opportunities, and products authorized to be sold include, but
567are not limited to, motor fuel, vehicle towing, and vehicle
568maintenance services; food with attendant nonalcoholic
569beverages; lodging, meeting rooms, and other business services
570opportunities; advertising and other promotional opportunities,
571which advertising and promotions must be consistent with the
572dignity and integrity of the state; state lottery tickets sold
573by authorized retailers; games and amusements that operate by
574the application of skill, not including games of chance as
575defined in s. 849.16 or other illegal gambling games; Florida
576citrus, goods promoting the state, or handmade goods produced
577within the state; and travel information, tickets, reservations,
578or other related services. However, the department, pursuant to
579the grants of authority to the turnpike enterprise under this
580section, shall not exercise the power of eminent domain solely
581for the purpose of acquiring real property in order to provide
582business services or opportunities, such as lodging and meeting-
583room space on the turnpike system.
584     Section 25.  For the purpose of incorporating the amendment
585made by this act to section 895.02, Florida Statutes, in a
586reference thereto, paragraph (g) of subsection (3) of section
587655.50, Florida Statutes, is reenacted to read:
588     655.50  Florida Control of Money Laundering in Financial
589Institutions Act; reports of transactions involving currency or
590monetary instruments; when required; purpose; definitions;
591penalties.-
592     (3)  As used in this section, the term:
593     (g)  "Specified unlawful activity" means any "racketeering
594activity" as defined in s. 895.02.
595     Section 26.  For the purpose of incorporating the amendment
596made by this act to section 849.16, Florida Statutes, in a
597reference thereto, section 849.19, Florida Statutes, is
598reenacted to read:
599     849.19  Property rights in confiscated machine.-The right
600of property in and to any machine, apparatus or device as
601defined in s. 849.16 and to all money and other things of value
602therein, is declared not to exist in any person, and the same
603shall be forfeited and such money or other things of value shall
604be forfeited to the county in which the seizure was made and
605shall be delivered forthwith to the clerk of the circuit court
606and shall by her or him be placed in the fine and forfeiture
607fund of said county.
608     Section 27.  For the purpose of incorporating the amendment
609made by this act to section 895.02, Florida Statutes, in a
610reference thereto, paragraph (g) of subsection (2) of section
611896.101, Florida Statutes, is reenacted to read:
612     896.101  Florida Money Laundering Act; definitions;
613penalties; injunctions; seizure warrants; immunity.-
614     (2)  As used in this section, the term:
615     (g)  "Specified unlawful activity" means any "racketeering
616activity" as defined in s. 895.02.
617     Section 28.  For the purpose of incorporating the amendment
618made by this act to section 895.02, Florida Statutes, in a
619reference thereto, subsection (3) of section 905.34, Florida
620Statutes, is reenacted to read:
621     905.34  Powers and duties; law applicable.-The jurisdiction
622of a statewide grand jury impaneled under this chapter shall
623extend throughout the state. The subject matter jurisdiction of
624the statewide grand jury shall be limited to the offenses of:
625     (3)  Any violation of the provisions of the Florida RICO
626(Racketeer Influenced and Corrupt Organization) Act, including
627any offense listed in the definition of racketeering activity in
628s. 895.02(1)(a), providing such listed offense is investigated
629in connection with a violation of s. 895.03 and is charged in a
630separate count of an information or indictment containing a
631count charging a violation of s. 895.03, the prosecution of
632which listed offense may continue independently if the
633prosecution of the violation of s. 895.03 is terminated for any
634reason; or any attempt, solicitation, or conspiracy to commit
635any violation of the crimes specifically enumerated above, when
636any such offense is occurring, or has occurred, in two or more
637judicial circuits as part of a related transaction or when any
638such offense is connected with an organized criminal conspiracy
639affecting two or more judicial circuits. The statewide grand
640jury may return indictments and presentments irrespective of the
641county or judicial circuit where the offense is committed or
642triable. If an indictment is returned, it shall be certified and
643transferred for trial to the county where the offense was
644committed. The powers and duties of, and law applicable to,
645county grand juries shall apply to a statewide grand jury except
646when such powers, duties, and law are inconsistent with the
647provisions of ss. 905.31-905.40.
648
649
650
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651
T I T L E  A M E N D M E N T
652     Remove line 667 and insert:
653An at relating to gaming; creating s. 849.162, F.S.;
654creating the "Simulated Gambling Prohibition and Community
655Protection Act"; providing legislative findings and
656intent; providing definitions; prohibiting the use of
657simulated gambling devices to conduct or promote game
658promotions, drawings, and games of chance; providing
659penalties; providing for construction; amending s.
660849.0935, F.S., relating to drawings by chance offered by
661nonprofit organizations; revising definitions; revising
662conditions for exceptions to prohibitions on lotteries;
663prohibiting the use of simulated gambling devices or other
664devices operated by drawing entrants; providing penalties;
665amending s. 849.094, F.S.; revising definitions; providing
666conditions for exceptions to prohibitions on lotteries;
667prohibiting the use of simulated gambling devices or other
668devices operated by game promotion entrants; limiting the
669rulemaking authority of the Department of Agriculture and
670Consumer Services; providing for construction; providing
671penalties; providing that violations are deceptive and
672unfair trade practices; providing an exception for certain
673corporations, or wholly owned subsidiaries, or franchisee
674associations or cooperatives; amending s. 849.15, F.S.;
675prohibiting production, possession, or distribution of any
676gambling apparatus; amending s. 849.16, F.S.; providing
677that described machines or devices are subject to gambling
678provisions; amending s. 895.02, F.S.; revising the
679definition of the term "racketeering activity" to include
680violations of specified provisions; providing for
681construction; amending s. 721.111, F.S., relating to
682promotional offers; conforming cross-references;
683reenacting s. 16.56(1)(a), 338.234(1), 655.50(3)(g),
684849.19, 896.101(2)(g), and 905.34(3), F.S., relating to
685the Office of Statewide Prosecution, the Florida Turnpike,
686money laundering, seizure of property, the Florida Money
687Laundering Act, and a statewide grand jury, respectively,
688to incorporate changes made by the act in references
689thereto; amending s.


CODING: Words stricken are deletions; words underlined are additions.