HB 217

1	A bill to be entitled
2	An act relating to gambling devices; creating s. 849.162,
3	F.S.; creating the "Electronic Machines and Devices for
4	Sweepstakes Prohibited Act"; providing legislative
5	findings and intent; providing definitions; prohibiting
6	operation of an electronic device to conduct a sweepstakes
7	through the use of an entertaining display or to promote
8	such a sweepstakes; providing penalties; providing intent;
9	providing for construction; amending s. 849.0935, F.S.;
10	revising conditions for exceptions to provisions relating
11	to drawings by chance conducted by certain organizations;
12	amending s. 849.094, F.S., relating to game promotion in
13	connection with sale of consumer products or services;
14	revising the definition of the term "game promotion" to
15	prohibit the use of a machine, computer, or other
16	electronic or mechanical device; limiting the power of the
17	Department of Agriculture and Consumer Services to adopt
18	rules concerning the operation of game promotions;
19	providing for construction; amending s. 849.15, F.S.;
20	prohibiting production, possession, or distribution of,
21	permitting possession or use of, or offering to provide
22	any gambling apparatus or any part thereof that is
23	otherwise prohibited from operation or possession;
24	amending s. 849.16, F.S.; providing that described
25	machines or devices are subject to specified provisions
26	for gambling; amending s. 849.161, F.S.; revising
27	provisions for amusement games or machines excluded from
28	application of specified provisions relating to gambling;
29	revising provisions for exceptions to such exclusions;
30	defining the term "skill"; amending s. 895.02, F.S.;
31	revising the definition of the term "racketeering
32	activity" to include violations of the act; providing for
33	construction; reenacting s. 721.111(2), F.S., relating to
34	prize and gift promotional offers, to incorporate in a
35	cross-reference changes made by the act; reenacting s.
36	338.234(1), F.S., relating to granting concessions or
37	selling along the turnpike system, to incorporate in a
38	cross-reference changes made by the act; reenacting s.
39	849.19, F.S., relating to property rights in confiscated
40	machine, to incorporate in a cross-reference changes made
41	by the act; reenacting s. 16.56(1)(a), F.S., relating to
42	the Office of Statewide Prosecution, to incorporate in a
43	cross-reference changes made by the act; reenacting s.
44	655.50(3)(g), F.S., relating to control of money
45	laundering in financial institutions, to incorporate in a
46	cross-reference changes made by the act; reenacting s.
47	896.101(2)(g), F.S., relating to money laundering, to
48	incorporate in a cross-reference changes made by the act;
49	reenacting s. 905.34(3), F.S., relating to jurisdiction of
50	a statewide grand jury, to incorporate in a cross-
51	reference changes made by the act; providing an effective
52	date.
53
54	WHEREAS, the State of Florida has specifically prohibited
55	gambling in section 849.08, Florida Statutes, and
56	WHEREAS, the State of Florida has specifically prohibited
57	slot machines in section 849.15, Florida Statutes, and
58	WHEREAS, the State of Florida has specifically defined slot
59	machines and gambling devices in section 849.16, Florida
60	Statutes, and
61	WHEREAS, beginning on or around the year 2004, various
62	companies developed electronic machines and devices to enable
63	gambling through pretextual sweepstakes relationships with
64	Internet services, telephone cards, and other products, and
65	WHEREAS, such electronic sweepstakes systems using video
66	gambling machines and other similar simulated game play create
67	the same encouragement of vice and dissipation as other forms of
68	gambling, in particular slot machines and video poker which
69	encourage repeated play, even when purportedly used as a
70	marketing technique, NOW, THEREFORE,
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Section 849.162, Florida Statutes, is created
75	to read:
76	849.162  Sweepstakes devices.-
77	(1)  This section may be cited as the "Electronic Machines
78	and Devices for Sweepstakes Prohibited Act."
79	(2)  The Legislature finds that there is a compelling state
80	interest in addressing the deleterious effects caused to society
81	as a result of the proliferation of electronic machines and
82	devices used for sweepstakes gambling. The Legislature declares
83	that it is the intent of this section to prohibit the use of
84	such devices.
85	(3)  As used in this section, the term:
86	(a)  "Electronic machine or device" means a mechanically,
87	electrically, or electronically operated machine or device that
88	is intended to be used by a sweepstakes entrant and is capable
89	of displaying information on a screen or other mechanism. This
90	section is applicable to an electronic machine or device whether
91	or not:
92	1.  It is server-based.
93	2.  It uses a simulated game terminal as a representation
94	of the prizes associated with the results of the sweepstakes
95	entries.
96	3.  It uses software such that the simulated game
97	influences or determines the winning or value of the prize.
98	4.  It selects prizes from a predetermined finite pool of
99	entries.
100	5.  It uses a mechanism that reveals the content of a
101	predetermined sweepstakes entry.
102	6.  It predetermines the prize results and stores those
103	results to be revealed at a later time.
104	7.  It uses software to create a game result.
105	8.  It requires deposit of any money, coin, or token or the
106	use of any credit card, debit card, prepaid card, or other
107	method of payment to activate the electronic machine or device.
108	9.  It requires direct payment into the electronic machine
109	or device or remote activation of the electronic machine or
110	device.
111	10.a.  It requires purchase of a related product.
112	b.  The related product, if any, has legitimate value.
113	11.  It reveals the prize incrementally even though it may
114	not influence if a prize is awarded or the value of any prize
115	awarded.
116	12.  It determines and associates the prize with an entry
117	or entries at the time the sweepstakes is entered.
118	13.  It is a slot machine or other form of electrical or
119	mechanical machine or computer game.
120	(b)  "Enter" or "entry" means the act or process by which a
121	person becomes eligible to receive any prize offered in a
122	sweepstakes.
123	(c)  "Entertaining display" means visual information
124	capable of being seen by a sweepstakes entrant which takes the
125	form of actual game play or simulated game play, such as, by way
126	of illustration and not exclusion:
127	1.  A video poker game or any other kind of video card
128	game.
129	2.  A video bingo game.
130	3.  A video craps game.
131	4.  A video keno game.
132	5.  A video lotto game.
133	6.  Eight liner.
134	7.  Pot-of-gold.
135	8.  A video game based on or involving the random or chance
136	matching of different pictures, words, numbers, or symbols not
137	dependent on the skill or dexterity of the player.
138	9.  Any other video game not dependent on skill or
139	dexterity that is played while revealing a prize as the result
140	of an entry into a sweepstakes.
141	(d)  "Prize" means any gift, award, gratuity, good,
142	service, credit, or anything else of value, which may be
143	transferred to a person, whether possession of the prize is
144	actually transferred or placed on an account or other record as
145	evidence of the intent to transfer the prize.
146	(e)  "Skill" means that the outcome is not based on chance
147	or is not unpredictable to the player or is an outcome in which
148	the player or patron is able to select a specific outcome in
149	advance of actual play and then, by use of eye-hand
150	coordination, physical dexterity, speed, or accuracy, employ or
151	manipulate the game's controls in such a way as to catch,
152	capture, or achieve the preselected outcome in at least 51
153	percent of 20 contiguous iterations of game play.
154	(f)  "Sweepstakes" means any game, advertising scheme or
155	plan, or other promotion that, with or without payment of any
156	consideration, a person may enter to win or become eligible to
157	receive any prize, the determination of which is not determined
158	by skill.
159	(4)  Notwithstanding any other provision of this chapter, a
160	person may not operate, maintain, or place into operation an
161	electronic machine or device to do either of the following:
162	(a)  Conduct a sweepstakes through the use of an
163	entertaining display, including the entry process or the
164	revealing of a prize.
165	(b)  Promote a sweepstakes that is conducted through the
166	use of an entertaining display, including the entry process or
167	the revealing of a prize.
168	(5)  A person who violates this section commits a felony of
169	the third degree, punishable as provided in s. 775.082, s.
170	775.083, or s. 775.084.
171	(6)  It is the intent of this section to prohibit any
172	mechanism that seeks to avoid application of this section
173	through the use of any subterfuge or pretense whatsoever.
174	(7)  Nothing in this section may be construed to prohibit
175	any activity that is lawfully conducted on Indian lands pursuant
176	to and in accordance with an approved Tribal-State Gaming
177	Compact.
178	Section 2.  Subsection (2) of section 849.0935, Florida
179	Statutes, is amended to read:
180	849.0935  Charitable, nonprofit organizations; drawings by
181	chance; required disclosures; unlawful acts and practices;
182	penalties.-
183	(2)  The provisions of s. 849.09 may shall not be construed
184	to prohibit an organization qualified under 26 U.S.C. s.
185	501(c)(3), (4), (7), (8), (10), or (19) from conducting drawings
186	by chance pursuant to the authority granted by this section, if
187	provided the organization has complied with all applicable
188	provisions of chapter 496 and the drawing by chance is not
189	conducted through the use of any machine, computer, or other
190	electronic or mechanical device.
191	Section 3.  Paragraph (a) of subsection (1) and paragraph
192	(a) of subsection (8) of section 849.094, Florida Statutes, are
193	amended, and subsection (11) is added to that section, to read:
194	849.094  Game promotion in connection with sale of consumer
195	products or services.-
196	(1)  As used in this section, the term:
197	(a)  "Game promotion" means, but is not limited to, a
198	contest, game of chance, or gift enterprise, conducted within or
199	throughout the state and other states in connection with the
200	sale of consumer products or services, and in which the elements
201	of chance and prize are present. However, "game promotion" may
202	shall not be construed to apply to bingo games conducted
203	pursuant to s. 849.0931 and may not be conducted through the use
204	of any machine, computer, or other electronic or mechanical
205	device.
206	(8)(a)  The Department of Agriculture and Consumer Services
207	shall have the power to promulgate such rules and regulations
208	respecting the operation of game promotions as it may deem
209	advisable; however, it may not authorize the operation or
210	possession of slot machines or other gambling devices that are
211	otherwise prohibited from operation or possession in the state
212	and may not authorize game promotions to be conducted through
213	the use of any machine, computer, or other electronic or
214	mechanical device.
215	(11)  The provisions of s. 849.09 may not be construed to
216	prohibit an operator under this section from conducting a game
217	promotion under this section provided that it is not conducted
218	through the use of any machine, computer, or other electronic or
219	mechanical device.
220	Section 4.  Subsection (1) of section 849.15, Florida
221	Statutes, is amended to read:
222	849.15  Manufacture, sale, possession, etc., of coin-
223	operated devices prohibited.-
224	(1)  It is unlawful:
225	(a)  To manufacture, own, store, keep, possess, sell, rent,
226	lease, let on shares, lend or give away, transport, or expose
227	for sale or lease, or to offer to sell, rent, lease, let on
228	shares, lend or give away, or permit the operation of, or for
229	any person to permit to be placed, maintained, or used or kept
230	in any room, space, or building owned, leased, or occupied by
231	the person or under the person's management or control, any slot
232	machine or device or any part thereof, or other gambling
233	apparatus or any part thereof that is otherwise prohibited from
234	operation or possession in the state; or
235	(b)  To make or to permit to be made with any person any
236	agreement with reference to any slot machine or device, pursuant
237	to which the user thereof, as a result of any element of chance
238	or other outcome unpredictable to him or her, may become
239	entitled to receive any money, credit, allowance, or thing of
240	value or additional chance or right to use such machine or
241	device, or to receive any check, slug, token, or memorandum
242	entitling the holder to receive any money, credit, allowance, or
243	thing of value.
244	Section 5.  Subsection (1) of section 849.16, Florida
245	Statutes, is amended to read:
246	849.16  Machines or devices which come within provisions of
247	law defined.-
248	(1)  Any machine or device or system or network of
249	computers or other devices is a slot machine or device within
250	the provisions of this chapter if it is one that is adapted for
251	use in such a way that, as a result of the insertion of any
252	piece of money, coin, code, account number, credit, or other
253	object or method of activation, such machine, or device, or
254	system or network of computers or other devices is caused to
255	operate or may be operated, whether directly or as the result of
256	indirect remote activation, and if the user, by reason of any
257	element of chance or of any other outcome of such operation
258	unpredictable by him or her, may:
259	(a)  Receive or become entitled to receive any piece of
260	money, credit, allowance, or thing of value, or any check, slug,
261	token, or memorandum, whether of value or otherwise, which may
262	be exchanged for any money, credit, allowance, or thing of value
263	or which may be given in trade; or
264	(b)  Secure additional chances or rights to use such
265	machine, apparatus, or device, even though it may, in addition
266	to any element of chance or unpredictable outcome of such
267	operation, also sell, deliver, or present some merchandise,
268	indication of weight, entertainment, or other thing of value.
269	Section 6.  Section 849.161, Florida Statutes, is amended
270	to read:
271	849.161  Amusement games or machines; when chapter
272	inapplicable.-
273	(1)(a)1.  Nothing contained in this chapter may shall be
274	taken or construed as applicable to an arcade amusement center
275	having amusement games or machines which operate by means of the
276	insertion of a coin and which by application of skill may
277	entitle the person playing or operating the game or machine to
278	receive points or coupons which may be exchanged for merchandise
279	only, excluding cash and alcoholic beverages, provided the cost
280	value of the merchandise or prize awarded in exchange for such
281	points or coupons does not exceed 75 cents on any game played.
282	2.  Nothing contained in this chapter may shall be taken or
283	construed as applicable to any retail dealer who operates as a
284	truck stop, as defined in chapter 336 and which operates a
285	minimum of six 6 functional diesel fuel pumps, having amusement
286	games or machines which operate by means of the insertion of a
287	coin or other currency and which by application of skill may
288	entitle the person playing or operating the game or machine to
289	receive points or coupons which may be exchanged for merchandise
290	limited to noncash prizes, toys, novelties, and Florida Lottery
291	products, excluding alcoholic beverages, provided the cost value
292	of the merchandise or prize awarded in exchange for such points
293	or coupons does not exceed 75 cents on any game played. This
294	subparagraph applies only to games and machines which are
295	operated for the entertainment of the general public and
296	tourists as bona fide amusement games or machines. This
297	subsection does shall not apply, however, to any game or device
298	defined as a gambling device under state law and whose owner or
299	operator is required to register annually with the United States
300	Department of Justice under 15 U.S.C. ss. 1171-1178 in 24 U.S.C.
301	s. 1171, which requires identification of each device by
302	permanently affixing seriatim numbering and name, trade name,
303	and date of manufacture under s. 1173, and registration with the
304	United States Attorney General, unless excluded from
305	applicability of the chapter under s. 1178. This subsection may
306	shall not be construed to authorize video poker games or any
307	other game or machine that may be construed as a gambling device
308	under Florida law.
309	(b)  Nothing in this subsection may shall be taken or
310	construed as applicable to a coin-operated game or device
311	designed and manufactured only for bona fide amusement purposes
312	which game or device may by application of skill entitle the
313	player to replay the game or device at no additional cost, if
314	the game or device: can accumulate and react to no more than 15
315	free replays; can be discharged of accumulated free replays only
316	by reactivating the game or device for one additional play for
317	such accumulated free replay; can make no permanent record,
318	directly or indirectly, of free replays; and is not classified
319	by the United States or under state law as a gambling device and
320	whose owner or operator is required to register annually with
321	the United States Department of Justice under 15 U.S.C. ss.
322	1171-1178 in 24 U.S.C. s. 1171, which requires identification of
323	each device by permanently affixing seriatim numbering and name,
324	trade name, and date of manufacture under s. 1173, and
325	registration with the United States Attorney General, unless
326	excluded from applicability of the chapter under s. 1178. This
327	subsection may shall not be construed to authorize video poker
328	games, or any other game or machine that may be construed as a
329	gambling device under Florida law.
330	(2)  The term "arcade amusement center" as used in this
331	section means a place of business having at least 50 coin-
332	operated amusement games or machines on premises which are
333	operated for the entertainment of the general public and
334	tourists as a bona fide amusement facility.
335	(3)(a)  As used in this section, the term "skill" means a
336	machine or device for which the outcome is not determined by
337	chance, but which is predictable to the player or operator, or
338	for which the player or operator is able to consistently achieve
339	a winning outcome through the use of eye-hand coordination,
340	physical dexterity, speed, or accuracy, or employing or
341	manipulating the game's controls in such a way as to catch,
342	capture, achieve, or win an objective.
343	(b)  There is a rebuttable presumption that a game machine
344	or device is not operated by skill if a player or operator
345	cannot win a prize or achieve a selected outcome or a
346	substantial level of success in 51 percent of 20 contiguous
347	attempts or iterations of game play or operation of the machine
348	or device.
349	Section 7.  Paragraph (a) of subsection (1) of section
350	895.02, Florida Statutes, is amended to read:
351	895.02  Definitions.-As used in ss. 895.01-895.08, the
352	term:
353	(1)  "Racketeering activity" means to commit, to attempt to
354	commit, to conspire to commit, or to solicit, coerce, or
355	intimidate another person to commit:
356	(a)  Any crime that is chargeable by petition, indictment,
357	or information under the following provisions of the Florida
358	Statutes:
359	1.  Section 210.18, relating to evasion of payment of
360	cigarette taxes.
361	2.  Section 316.1935, relating to fleeing or attempting to
362	elude a law enforcement officer and aggravated fleeing or
363	eluding.
364	3.  Section 403.727(3)(b), relating to environmental
365	control.
366	4.  Section 409.920 or s. 409.9201, relating to Medicaid
367	fraud.
368	5.  Section 414.39, relating to public assistance fraud.
369	6.  Section 440.105 or s. 440.106, relating to workers'
370	compensation.
371	7.  Section 443.071(4), relating to creation of a
372	fictitious employer scheme to commit unemployment compensation
373	fraud.
374	8.  Section 465.0161, relating to distribution of medicinal
375	drugs without a permit as an Internet pharmacy.
376	9.  Section 499.0051, relating to crimes involving
377	contraband and adulterated drugs.
378	10.  Part IV of chapter 501, relating to telemarketing.
379	11.  Chapter 517, relating to sale of securities and
380	investor protection.
381	12.  Section 550.235 or s. 550.3551, relating to dogracing
382	and horseracing.
383	13.  Chapter 550, relating to jai alai frontons.
384	14.  Section 551.109, relating to slot machine gaming.
385	15.  Chapter 552, relating to the manufacture,
386	distribution, and use of explosives.
387	16.  Chapter 560, relating to money transmitters, if the
388	violation is punishable as a felony.
389	17.  Chapter 562, relating to beverage law enforcement.
390	18.  Section 624.401, relating to transacting insurance
391	without a certificate of authority, s. 624.437(4)(c)1., relating
392	to operating an unauthorized multiple-employer welfare
393	arrangement, or s. 626.902(1)(b), relating to representing or
394	aiding an unauthorized insurer.
395	19.  Section 655.50, relating to reports of currency
396	transactions, when such violation is punishable as a felony.
397	20.  Chapter 687, relating to interest and usurious
398	practices.
399	21.  Section 721.08, s. 721.09, or s. 721.13, relating to
400	real estate timeshare plans.
401	22.  Section 775.13(5)(b), relating to registration of
402	persons found to have committed any offense for the purpose of
403	benefiting, promoting, or furthering the interests of a criminal
404	gang.
405	23.  Section 777.03, relating to commission of crimes by
406	accessories after the fact.
407	24.  Chapter 782, relating to homicide.
408	25.  Chapter 784, relating to assault and battery.
409	26.  Chapter 787, relating to kidnapping or human
410	trafficking.
411	27.  Chapter 790, relating to weapons and firearms.
412	28.  Chapter 794, relating to sexual battery, but only if
413	such crime was committed with the intent to benefit, promote, or
414	further the interests of a criminal gang, or for the purpose of
415	increasing a criminal gang member's own standing or position
416	within a criminal gang.
417	29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
418	796.05, or s. 796.07, relating to prostitution and sex
419	trafficking.
420	30.  Chapter 806, relating to arson and criminal mischief.
421	31.  Chapter 810, relating to burglary and trespass.
422	32.  Chapter 812, relating to theft, robbery, and related
423	crimes.
424	33.  Chapter 815, relating to computer-related crimes.
425	34.  Chapter 817, relating to fraudulent practices, false
426	pretenses, fraud generally, and credit card crimes.
427	35.  Chapter 825, relating to abuse, neglect, or
428	exploitation of an elderly person or disabled adult.
429	36.  Section 827.071, relating to commercial sexual
430	exploitation of children.
431	37.  Chapter 831, relating to forgery and counterfeiting.
432	38.  Chapter 832, relating to issuance of worthless checks
433	and drafts.
434	39.  Section 836.05, relating to extortion.
435	40.  Chapter 837, relating to perjury.
436	41.  Chapter 838, relating to bribery and misuse of public
437	office.
438	42.  Chapter 843, relating to obstruction of justice.
439	43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
440	s. 847.07, relating to obscene literature and profanity.
441	44.  Section 849.09, s. 849.14, s. 849.15, s. 849.162, s.
442	849.23, or s. 849.25, relating to gambling.
443	45.  Chapter 874, relating to criminal gangs.
444	46.  Chapter 893, relating to drug abuse prevention and
445	control.
446	47.  Chapter 896, relating to offenses related to financial
447	transactions.
448	48.  Sections 914.22 and 914.23, relating to tampering with
449	or harassing a witness, victim, or informant, and retaliation
450	against a witness, victim, or informant.
451	49.  Sections 918.12 and 918.13, relating to tampering with
452	jurors and evidence.
453	Section 8.  Nothing in this act may be construed to
454	authorize the possession or operation of any machine or device
455	that is prohibited under any other provision of law.
456	Section 9.  For the purpose of incorporating the amendment
457	made by this act to section 849.094, Florida Statutes, in a
458	reference thereto, subsection (2) of section 721.111, Florida
459	Statutes, is reenacted to read:
460	721.111  Prize and gift promotional offers.-
461	(2)  A game promotion, such as a contest of chance, gift
462	enterprise, or sweepstakes, in which the elements of chance and
463	prize are present may not be used in connection with the
464	offering or sale of timeshare interests, except for drawings, as
465	that term is defined in s. 849.0935(1)(a), in which no more than
466	26 prizes are promoted and in which all promoted prizes are
467	actually awarded. All such drawings must meet all requirements
468	of this chapter and of ss. 849.092 and 849.094(1), (2), and (7).
469	Section 10.  For the purpose of incorporating the amendment
470	made by this act to section 849.16, Florida Statutes, in a
471	reference thereto, subsection (1) of section 338.234, Florida
472	Statutes, is reenacted to read:
473	338.234  Granting concessions or selling along the turnpike
474	system; immunity from taxation.-
475	(1)  The department may enter into contracts or licenses
476	with any person for the sale of services or products or business
477	opportunities on the turnpike system, or the turnpike enterprise
478	may sell services, products, or business opportunities on the
479	turnpike system, which benefit the traveling public or provide
480	additional revenue to the turnpike system. Services, business
481	opportunities, and products authorized to be sold include, but
482	are not limited to, motor fuel, vehicle towing, and vehicle
483	maintenance services; food with attendant nonalcoholic
484	beverages; lodging, meeting rooms, and other business services
485	opportunities; advertising and other promotional opportunities,
486	which advertising and promotions must be consistent with the
487	dignity and integrity of the state; state lottery tickets sold
488	by authorized retailers; games and amusements that operate by
489	the application of skill, not including games of chance as
490	defined in s. 849.16 or other illegal gambling games; Florida
491	citrus, goods promoting the state, or handmade goods produced
492	within the state; and travel information, tickets, reservations,
493	or other related services. However, the department, pursuant to
494	the grants of authority to the turnpike enterprise under this
495	section, shall not exercise the power of eminent domain solely
496	for the purpose of acquiring real property in order to provide
497	business services or opportunities, such as lodging and meeting-
498	room space on the turnpike system.
499	Section 11.  For the purpose of incorporating the amendment
500	made by this act to section 849.16, Florida Statutes, in a
501	reference thereto, section 849.19, Florida Statutes, is
502	reenacted to read:
503	849.19  Property rights in confiscated machine.-The right
504	of property in and to any machine, apparatus or device as
505	defined in s. 849.16 and to all money and other things of value
506	therein, is declared not to exist in any person, and the same
507	shall be forfeited and such money or other things of value shall
508	be forfeited to the county in which the seizure was made and
509	shall be delivered forthwith to the clerk of the circuit court
510	and shall by her or him be placed in the fine and forfeiture
511	fund of said county.
512	Section 12.  For the purpose of incorporating the amendment
513	made by this act to section 895.02, Florida Statutes, in a
514	reference thereto, paragraph (a) of subsection (1) of section
515	16.56, Florida Statutes, is reenacted to read:
516	16.56  Office of Statewide Prosecution.-
517	(1)  There is created in the Department of Legal Affairs an
518	Office of Statewide Prosecution. The office shall be a separate
519	"budget entity" as that term is defined in chapter 216. The
520	office may:
521	(a)  Investigate and prosecute the offenses of:
522	1.  Bribery, burglary, criminal usury, extortion, gambling,
523	kidnapping, larceny, murder, prostitution, perjury, robbery,
524	carjacking, and home-invasion robbery;
525	2.  Any crime involving narcotic or other dangerous drugs;
526	3.  Any violation of the provisions of the Florida RICO
527	(Racketeer Influenced and Corrupt Organization) Act, including
528	any offense listed in the definition of racketeering activity in
529	s. 895.02(1)(a), providing such listed offense is investigated
530	in connection with a violation of s. 895.03 and is charged in a
531	separate count of an information or indictment containing a
532	count charging a violation of s. 895.03, the prosecution of
533	which listed offense may continue independently if the
534	prosecution of the violation of s. 895.03 is terminated for any
535	reason;
536	4.  Any violation of the provisions of the Florida Anti-
537	Fencing Act;
538	5.  Any violation of the provisions of the Florida
539	Antitrust Act of 1980, as amended;
540	6.  Any crime involving, or resulting in, fraud or deceit
541	upon any person;
542	7.  Any violation of s. 847.0135, relating to computer
543	pornography and child exploitation prevention, or any offense
544	related to a violation of s. 847.0135 or any violation of
545	chapter 827 where the crime is facilitated by or connected to
546	the use of the Internet or any device capable of electronic data
547	storage or transmission;
548	8.  Any violation of the provisions of chapter 815;
549	9.  Any criminal violation of part I of chapter 499;
550	10.  Any violation of the provisions of the Florida Motor
551	Fuel Tax Relief Act of 2004;
552	11.  Any criminal violation of s. 409.920 or s. 409.9201;
553	12.  Any crime involving voter registration, voting, or
554	candidate or issue petition activities;
555	13.  Any criminal violation of the Florida Money Laundering
556	Act; or
557	14.  Any criminal violation of the Florida Securities and
558	Investor Protection Act;
559
560	or any attempt, solicitation, or conspiracy to commit any of the
561	crimes specifically enumerated above. The office shall have such
562	power only when any such offense is occurring, or has occurred,
563	in two or more judicial circuits as part of a related
564	transaction, or when any such offense is connected with an
565	organized criminal conspiracy affecting two or more judicial
566	circuits. Informations or indictments charging such offenses
567	shall contain general allegations stating the judicial circuits
568	and counties in which crimes are alleged to have occurred or the
569	judicial circuits and counties in which crimes affecting such
570	circuits or counties are alleged to have been connected with an
571	organized criminal conspiracy.
572	Section 13.  For the purpose of incorporating the amendment
573	made by this act to section 895.02, Florida Statutes, in a
574	reference thereto, paragraph (g) of subsection (3) of section
575	655.50, Florida Statutes, is reenacted to read:
576	655.50  Florida Control of Money Laundering in Financial
577	Institutions Act; reports of transactions involving currency or
578	monetary instruments; when required; purpose; definitions;
579	penalties.-
580	(3)  As used in this section, the term:
581	(g)  "Specified unlawful activity" means any "racketeering
582	activity" as defined in s. 895.02.
583	Section 14.  For the purpose of incorporating the amendment
584	made by this act to section 895.02, Florida Statutes, in a
585	reference thereto, paragraph (g) of subsection (2) of section
586	896.101, Florida Statutes, is reenacted to read:
587	896.101  Florida Money Laundering Act; definitions;
588	penalties; injunctions; seizure warrants; immunity.-
589	(2)  As used in this section, the term:
590	(g)  "Specified unlawful activity" means any "racketeering
591	activity" as defined in s. 895.02.
592	Section 15.  For the purpose of incorporating the amendment
593	made by this act to section 895.02, Florida Statutes, in a
594	reference thereto, subsection (3) of section 905.34, Florida
595	Statutes, is reenacted to read:
596	905.34  Powers and duties; law applicable.-The jurisdiction
597	of a statewide grand jury impaneled under this chapter shall
598	extend throughout the state. The subject matter jurisdiction of
599	the statewide grand jury shall be limited to the offenses of:
600	(3)  Any violation of the provisions of the Florida RICO
601	(Racketeer Influenced and Corrupt Organization) Act, including
602	any offense listed in the definition of racketeering activity in
603	s. 895.02(1)(a), providing such listed offense is investigated
604	in connection with a violation of s. 895.03 and is charged in a
605	separate count of an information or indictment containing a
606	count charging a violation of s. 895.03, the prosecution of
607	which listed offense may continue independently if the
608	prosecution of the violation of s. 895.03 is terminated for any
609	reason;
610
611	or any attempt, solicitation, or conspiracy to commit any
612	violation of the crimes specifically enumerated above, when any
613	such offense is occurring, or has occurred, in two or more
614	judicial circuits as part of a related transaction or when any
615	such offense is connected with an organized criminal conspiracy
616	affecting two or more judicial circuits. The statewide grand
617	jury may return indictments and presentments irrespective of the
618	county or judicial circuit where the offense is committed or
619	triable. If an indictment is returned, it shall be certified and
620	transferred for trial to the county where the offense was
621	committed. The powers and duties of, and law applicable to,
622	county grand juries shall apply to a statewide grand jury except
623	when such powers, duties, and law are inconsistent with the
624	provisions of ss. 905.31-905.40.
625	Section 16.  This act shall take effect upon becoming a
626	law.

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