Florida Senate - 2012                                     SB 428
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00515-12                                            2012428__
    1                        A bill to be entitled                      
    2         An act relating to the prohibition of simulated
    3         gambling devices; creating s. 849.162, F.S.; creating
    4         the “Simulated Gambling Prohibition and Community
    5         Protection Act”; providing legislative findings and
    6         intent; providing definitions; prohibiting the use of
    7         simulated gambling devices to conduct or promote game
    8         promotions, drawings, and games of chance; providing
    9         penalties; providing for construction; amending s.
   10         849.0935, F.S., relating to drawings by chance offered
   11         by nonprofit organizations; revising definitions;
   12         revising conditions for exceptions to prohibitions on
   13         lotteries; prohibiting the use of simulated gambling
   14         devices or other devices operated by drawing entrants;
   15         providing penalties; amending s. 849.094, F.S.;
   16         revising definitions; providing conditions for
   17         exceptions to prohibitions on lotteries; prohibiting
   18         the use of simulated gambling devices or other devices
   19         operated by game promotion entrants; limiting the
   20         rulemaking authority of the Department of Agriculture
   21         and Consumer Services; providing for construction;
   22         providing penalties; providing that violations are
   23         deceptive and unfair trade practices; amending s.
   24         849.15, F.S.; prohibiting production, possession, or
   25         distribution of any gambling apparatus; amending s.
   26         849.16, F.S.; providing that described machines or
   27         devices are subject to gambling provisions; amending
   28         s. 895.02, F.S.; revising the definition of the term
   29         “racketeering activity” to include violations of
   30         specified provisions; providing for construction;
   31         amending s. 721.111, F.S., relating to promotional
   32         offers; conforming cross-references; reenacting ss.
   33         16.56(1)(a), 338.234(1), 655.50(3)(g), 849.19,
   34         896.101(2)(g), and 905.34(3), F.S., relating to the
   35         Office of Statewide Prosecution, the Florida Turnpike,
   36         money laundering, seizure of property, the Florida
   37         Money Laundering Act, and a statewide grand jury,
   38         respectively, to incorporate changes made by the act
   39         in references thereto; providing an effective date.
   40  
   41         WHEREAS, the State of Florida has specifically prohibited
   42  gambling in section 849.08, Florida Statutes, and
   43         WHEREAS, section 849.0935, Florida Statutes, is intended to
   44  allow, without violation of the lottery law, specified
   45  charitable or nonprofit organizations the opportunity to raise
   46  funds to carry out their charitable or nonprofit purpose by
   47  conducting an occasional drawing or raffle for prizes upon the
   48  receipt of voluntary donations or contributions and was not
   49  intended to provide a vehicle for the establishment of places of
   50  ongoing gambling or gaming, and
   51         WHEREAS, section 849.094, Florida Statutes, is intended to
   52  allow, without violation of the lottery law, for-profit
   53  commercial enterprises to conduct a game promotion or
   54  sweepstakes on a limited and occasional basis as a marketing
   55  tool and incidental to substantial bona fide sales of consumer
   56  products or services provided they comply with specified
   57  requirements and rules of the Department of Agriculture and
   58  Consumer Services and was not intended to provide a vehicle for
   59  the establishment of places of ongoing gambling or gaming, and
   60         WHEREAS, sections 849.0935 and 849.094, Florida Statutes,
   61  regulate such activities and require operation in a very
   62  specific manner deemed to be beneficial or less harmful to the
   63  community and were not intended to allow for large-scale ongoing
   64  operations of gaming or gambling, and
   65         WHEREAS, due to the instant gratification provided, the use
   66  of electronic gambling machines or devices for convenience
   67  gambling is associated with higher levels and faster development
   68  of compulsive gambling problems and should be tightly regulated
   69  if and when permitted, and
   70         WHEREAS, the State of Florida has specifically prohibited
   71  any slot machine or device in section 849.15, Florida Statutes,
   72  and has specifically defined slot machine or device in section
   73  849.16, Florida Statutes, and
   74         WHEREAS, various companies have developed electronic
   75  machines and devices to simulate the experience of gambling
   76  while attempting to avoid Florida’s prohibition on slot machines
   77  and devices through the pretextual conduct of charitable or
   78  nonprofit drawings by chance or raffles or game promotions in
   79  connection with merely incidental consumer sales or services,
   80  such as sale of internet or telephone time, and
   81         WHEREAS, operators are offering such simulated gambling at
   82  ongoing establishments located in local communities and offering
   83  extended hours and days of operation, attracting convenience
   84  gamblers and encouraging unplanned repeated convenience
   85  gambling, and
   86         WHEREAS, such simulated gambling encourages the vice of
   87  compulsive gambling, even when purportedly used as a marketing
   88  or fundraising technique, by delivering the same instant
   89  gratification as other forms of electronic gambling, limiting
   90  the duration of game play to encourage continued play, promoting
   91  hopes to win large sums of money through electronic game play,
   92  and allowing players to wager more consideration in the hopes of
   93  achieving a larger financial award, and
   94         WHEREAS, such simulated gambling create the same negative
   95  secondary effects in the community as other forms of gambling,
   96  even when purportedly used as a marketing or fundraising
   97  technique, including claims of compulsive gambling problems by
   98  players and excessive financial losses reported by players, NOW,
   99  THEREFORE,
  100  
  101  Be It Enacted by the Legislature of the State of Florida:
  102  
  103         Section 1. Section 849.162, Florida Statutes, is created to
  104  read:
  105         849.162 Simulated gambling devices.—
  106         (1) This section may be cited as the “Simulated Gambling
  107  Prohibition and Community Protection Act.”
  108         (2) The Legislature finds that there is a compelling state
  109  interest in addressing the deleterious effects of the
  110  proliferation of electronic machines and devices used for
  111  simulated gambling or gaming. The Legislature declares that it
  112  is the intent of this section to prohibit the use of such
  113  devices.
  114         (3) As used in this section, the term:
  115         (a) “Simulated gambling device” means a mechanically or
  116  electronically operated machine, network, system, or device that
  117  is intended to be used by an entrant to a game promotion,
  118  sweepstakes, drawing, raffle, or any game of chance and that is
  119  capable of displaying a simulated gambling display on a screen
  120  or other mechanism.
  121         (b) “Simulated gambling display” means visual or aural
  122  information capable of being perceived by a user which takes the
  123  form of actual or simulated gambling or gaming play. The term
  124  includes, but is not limited to, displays depicting the
  125  following types of games:
  126         1. Reel games or simulations of reel games, such as slot
  127  machines, eight liners, or pot-of-gold.
  128         2. Card games or simulations of card games, such as video
  129  poker.
  130         3. Video games representing a game regulated by Florida
  131  law, such as bingo, sweepstakes, game promotions, drawings, or
  132  raffles.
  133         4. Video games representing a game prohibited by Florida
  134  law, such as craps, keno, and lotteries.
  135         5. Any video game based on or involving the random or
  136  chance matching of different pictures, words, numbers, or
  137  symbols.
  138         (c) “Gambling,” “gaming,” or “game” is not used to
  139  incorporate any legal definition of the term and does not
  140  necessitate the presence of elements of consideration, chance,
  141  or prize.
  142         (4) Notwithstanding any other provision of law, a person
  143  may not design, promote, or operate a simulated gambling device
  144  to:
  145         (a) Conduct a game promotion, sweepstakes, drawing, raffle,
  146  or any game of chance, including the entry process or the
  147  revealing of a prize or outcome; or
  148         (b) Promote a game promotion, sweepstakes, drawing, raffle,
  149  or any game of chance that is conducted through the use of a
  150  simulated gambling display, including the entry process or the
  151  revealing of a prize or outcome.
  152         (5) A person who violates this section commits a felony of
  153  the third degree, punishable as provided in s. 775.082, s.
  154  775.083, or s. 775.084.
  155         (6) A finding that a machine or device is a simulated
  156  gambling device under this section does not preclude a finding
  157  that it is also a slot machine or device under s. 849.16.
  158         (7) It is the intent of this section to prohibit any
  159  mechanism that seeks to avoid application of this section
  160  through the use of any subterfuge or pretense whatsoever.
  161         (8) Nothing in this section may be construed to prohibit:
  162         (a) Activity that is lawfully conducted on Indian lands
  163  pursuant to and in accordance with an approved Tribal-State
  164  Gaming Compact.
  165         (b) Activity that is lawfully conducted pursuant to s.
  166  849.161.
  167         Section 2. Paragraph (a) of subsection (1), subsection (2),
  168  and subsection (7) of section 849.0935, Florida Statutes, are
  169  amended, and paragraphs (j) and (k) are added to subsection (4)
  170  of that section, to read:
  171         849.0935 Charitable, nonprofit organizations; drawings by
  172  chance; required disclosures; unlawful acts and practices;
  173  penalties.—
  174         (1) As used in this section, the term:
  175         (a) “Drawing by chance,or “drawing,or “raffle” means an
  176  enterprise in which, from the entries submitted by the public to
  177  the organization conducting the drawing, one or more entries are
  178  selected by chance to win a prize. The term “drawing” does not
  179  include those enterprises, commonly known as “game promotions,”
  180  as defined by s. 849.094, “matching,” “instant winner,” or
  181  “preselected sweepstakes,” which involve the distribution of
  182  winning numbers, previously designated as such, to the public.
  183         (2) The provisions of s. 849.09 shall not be construed to
  184  prohibit an organization qualified under 26 U.S.C. s. 501(c)(3),
  185  (4), (7), (8), (10), or (19) from conducting drawings by chance
  186  pursuant to the authority granted by this section, provided the
  187  organization has complied with all applicable provisions of
  188  chapter 496 and this section.
  189         (4) It is unlawful for any organization which, pursuant to
  190  the authority granted by this section, promotes, operates, or
  191  conducts a drawing by chance:
  192         (j) To design, engage in, promote, or conduct any drawing
  193  using a simulated gambling device, as defined by s. 849.162.
  194         (k) To design, engage in, promote, or conduct any drawing
  195  through the use of any mechanically or electronically operated
  196  machine, network, system, or device that is:
  197         1. Owned, leased, or otherwise controlled by the
  198  organization or a partner, affiliate, subsidiary, contractor, or
  199  agent of the organization; and
  200         2. Operated, played, or otherwise interacted with by an
  201  entrant to the drawing.
  202         (7)(a)Any organization which engages in any act or
  203  practice in violation of this section is guilty of a misdemeanor
  204  of the second degree, punishable as provided in s. 775.082 or s.
  205  775.083. However, Any organization or other person who sells or
  206  offers for sale in this state a ticket or entry blank for a
  207  raffle or other drawing by chance, without complying with the
  208  requirements of paragraph (3)(d), commits is guilty of a
  209  misdemeanor of the second degree, punishable by fine only as
  210  provided in s. 775.083.
  211         (b) Any organization or person who violates paragraph
  212  (4)(j) or paragraph (4)(k) commits a misdemeanor of the first
  213  degree, punishable as provided in s. 775.082 or s. 775.083.
  214         (c) Any organization that engages in any other act or
  215  practice in violation of this section commits a misdemeanor of
  216  the second degree, punishable as provided in s. 775.082 or s.
  217  775.083.
  218         Section 3. Section 849.094, Florida Statutes, is amended to
  219  read:
  220         849.094 Game promotion in connection with sale of consumer
  221  products or services.—
  222         (1) As used in this section, the term:
  223         (a) “Game promotion” means, but is not limited to, a
  224  contest, game of chance, sweepstakes, or gift enterprise,
  225  conducted by an operator within or throughout the state and
  226  other states in connection with and incidental to the sale of
  227  consumer products or services, and in which the elements of
  228  chance and prize are present. However, “game promotion” may
  229  shall not be construed to apply to bingo games conducted
  230  pursuant to s. 849.0931.
  231         (b) “Operator” means any person, firm, corporation,
  232  enterprise, organization, or association or agent or employee
  233  thereof who promotes, operates, or conducts a game promotion,
  234  except any charitable nonprofit organization.
  235         (2) The provisions of s. 849.09 may not be construed to
  236  prohibit an operator from conducting a game promotion pursuant
  237  to this section, provided the operator has complied with the
  238  provisions of this section.
  239         (3) An organization, as defined by s. 849.0935, may not
  240  operate a game promotion.
  241         (4)(2) It is unlawful for any operator:
  242         (a) To design, engage in, promote, or conduct such a game
  243  promotion through a simulated gambling device, as defined in s.
  244  849.162.
  245         (b) To design, engage in, promote, or conduct such a game
  246  promotion through the use of any mechanically or electronically
  247  operated machine, network, system, or device that is:
  248         1. Owned, leased, or otherwise controlled by the
  249  organization or the organization’s partners, affiliates,
  250  subsidiaries, contractors, or agents; and
  251         2. Operated, played, or otherwise interacted with by an
  252  entrant to the game promotion.
  253         (c)(a) To design, engage in, promote, or conduct such a
  254  game promotion, in connection with the promotion or sale of
  255  consumer products or services, wherein the winner may be
  256  predetermined or the game may be manipulated or rigged so as to:
  257         1. Allocate a winning game or any portion thereof to
  258  certain lessees, agents, or franchises; or
  259         2. Allocate a winning game or part thereof to a particular
  260  period of the game promotion or to a particular geographic area;
  261         (d)(b) Arbitrarily to remove, disqualify, disallow, or
  262  reject any entry;
  263         (e)(c) To fail to award prizes offered;
  264         (f)(d) To print, publish, or circulate literature or
  265  advertising material used in connection with such game
  266  promotions which is false, deceptive, or misleading; or
  267         (g)(e) To require an entry fee, payment, or proof of
  268  purchase as a condition of entering a game promotion.
  269         (5)(3) The operator of a game promotion in which the total
  270  announced value of the prizes offered is greater than $5,000
  271  shall file with the Department of Agriculture and Consumer
  272  Services a copy of the rules and regulations of the game
  273  promotion and a list of all prizes and prize categories offered
  274  at least 7 days before the commencement of the game promotion.
  275  Such rules and regulations may not thereafter be changed,
  276  modified, or altered. The operator of a game promotion shall
  277  conspicuously post the rules and regulations of such game
  278  promotion in each and every retail outlet or place where such
  279  game promotion may be played or participated in by the public
  280  and shall also publish the rules and regulations in all
  281  advertising copy used in connection therewith. However, such
  282  advertising copy need only include the material terms of the
  283  rules and regulations if the advertising copy includes a website
  284  address, a toll-free telephone number, or a mailing address
  285  where the full rules and regulations may be viewed, heard, or
  286  obtained for the full duration of the game promotion. Such
  287  disclosures must be legible. Radio and television announcements
  288  may indicate that the rules and regulations are available at
  289  retail outlets or from the operator of the promotion. A
  290  nonrefundable filing fee of $100 shall accompany each filing and
  291  shall be used to pay the costs incurred in administering and
  292  enforcing the provisions of this section.
  293         (6)(4)(a) Every operator of such a game promotion in which
  294  the total announced value of the prizes offered is greater than
  295  $5,000 shall establish a trust account, in a national or state
  296  chartered financial institution, with a balance sufficient to
  297  pay or purchase the total value of all prizes offered. On a form
  298  supplied by the Department of Agriculture and Consumer Services,
  299  an official of the financial institution holding the trust
  300  account shall set forth the dollar amount of the trust account,
  301  the identity of the entity or individual establishing the trust
  302  account, and the name of the game promotion for which the trust
  303  account has been established. Such form shall be filed with the
  304  Department of Agriculture and Consumer Services at least 7 days
  305  in advance of the commencement of the game promotion. In lieu of
  306  establishing such trust account, the operator may obtain a
  307  surety bond in an amount equivalent to the total value of all
  308  prizes offered; and such bond shall be filed with the Department
  309  of Agriculture and Consumer Services at least 7 days in advance
  310  of the commencement of the game promotion.
  311         1. The moneys held in the trust account may be withdrawn in
  312  order to pay the prizes offered only upon certification to the
  313  Department of Agriculture and Consumer Services of the name of
  314  the winner or winners and the amount of the prize or prizes and
  315  the value thereof.
  316         2. If the operator of a game promotion has obtained a
  317  surety bond in lieu of establishing a trust account, the amount
  318  of the surety bond shall equal at all times the total amount of
  319  the prizes offered.
  320         (b) The Department of Agriculture and Consumer Services may
  321  waive the provisions of this subsection for any operator who has
  322  conducted game promotions in the state for not less than 5
  323  consecutive years and who has not had any civil, criminal, or
  324  administrative action instituted against him or her by the state
  325  or an agency of the state for violation of this section within
  326  that 5-year period. Such waiver may be revoked upon the
  327  commission of a violation of this section by such operator, as
  328  determined by the Department of Agriculture and Consumer
  329  Services.
  330         (7)(5) Every operator of a game promotion in which the
  331  total announced value of the prizes offered is greater than
  332  $5,000 shall provide the Department of Agriculture and Consumer
  333  Services with a certified list of the names and addresses of all
  334  persons, whether from this state or from another state, who have
  335  won prizes which have a value of more than $25, the value of
  336  such prizes, and the dates when the prizes were won within 60
  337  days after such winners have been finally determined. The
  338  operator shall provide a copy of the list of winners, without
  339  charge, to any person who requests it. In lieu of the foregoing,
  340  the operator of a game promotion may, at his or her option,
  341  publish the same information about the winners in a Florida
  342  newspaper of general circulation within 60 days after such
  343  winners have been determined and shall provide to the Department
  344  of Agriculture and Consumer Services a certified copy of the
  345  publication containing the information about the winners. The
  346  operator of a game promotion is not required to notify a winner
  347  by mail or by telephone when the winner is already in possession
  348  of a game card from which the winner can determine that he or
  349  she has won a designated prize. All winning entries shall be
  350  held by the operator for a period of 90 days after the close or
  351  completion of the game.
  352         (8)(6) The Department of Agriculture and Consumer Services
  353  shall keep the certified list of winners for a period of at
  354  least 6 months after receipt of the certified list. The
  355  department thereafter may dispose of all records and lists.
  356         (9)(7) No operator shall force, directly or indirectly, a
  357  lessee, agent, or franchise dealer to purchase or participate in
  358  any game promotion. For the purpose of this section, coercion or
  359  force shall be presumed in these circumstances in which a course
  360  of business extending over a period of 1 year or longer is
  361  materially changed coincident with a failure or refusal of a
  362  lessee, agent, or franchise dealer to participate in such game
  363  promotions. Such force or coercion shall further be presumed
  364  when an operator advertises generally that game promotions are
  365  available at its lessee dealers or agent dealers.
  366         (10)(8)(a) The Department of Agriculture and Consumer
  367  Services shall have the power to promulgate such rules and
  368  regulations respecting the operation of game promotions as it
  369  may deem advisable. However, the department may not authorize
  370  the operation or possession of a slot machine or device or any
  371  other device that is otherwise prohibited from operation or
  372  possession in the state and may not authorize game promotions to
  373  be conducted through the use of any mechanically or
  374  electronically operated machine, network, system, or device.
  375         (b) Compliance with the rules of the department does not
  376  authorize and is not a defense to a charge of possession of a
  377  slot machine or device or any other device or a violation of any
  378  other law.
  379         (c)(b) Whenever the Department of Agriculture and Consumer
  380  Services or the Department of Legal Affairs has reason to
  381  believe that a game promotion is being operated in violation of
  382  this section, it may bring an action in the circuit court of any
  383  judicial circuit in which the game promotion is being operated
  384  in the name and on behalf of the people of the state against any
  385  operator thereof to enjoin the continued operation of such game
  386  promotion anywhere within the state.
  387         (11)(9)(a) Any person, firm, or corporation, or association
  388  or agent or employee thereof, who engages in any acts or
  389  practices stated in this section to be unlawful, or who violates
  390  any of the rules and regulations made pursuant to this section,
  391  commits is guilty of a misdemeanor of the second degree,
  392  punishable as provided in s. 775.082 or s. 775.083.
  393         (b) Any person, firm, or corporation, or association or
  394  agent or employee thereof, who violates paragraph (4)(f) or
  395  paragraph (4)(g) commits a felony of the third degree,
  396  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  397         (c)(b) Any person, firm, corporation, association, agent,
  398  or employee who violates any provision of this section or any of
  399  the rules and regulations made pursuant to this section shall be
  400  liable for a civil penalty of not more than $1,000 for each such
  401  violation, which shall accrue to the state and may be recovered
  402  in a civil action brought by the Department of Agriculture and
  403  Consumer Services or the Department of Legal Affairs.
  404         (12) A violation of this section, or soliciting another to
  405  do an act which violates this section, is a deceptive and unfair
  406  trade practice.
  407         (13)(10) This section does not apply to actions or
  408  transactions regulated by the Department of Business and
  409  Professional Regulation or to the activities of nonprofit
  410  organizations or to any other organization engaged in any
  411  enterprise other than the sale of consumer products or services.
  412  Subsections (3), (4), (5), (6), and (7), (8), and (9) and
  413  paragraph (10)(8)(a) and any of the rules made pursuant thereto
  414  do not apply to television or radio broadcasting companies
  415  licensed by the Federal Communications Commission.
  416         (14) Nothing in this section shall prohibit a corporation
  417  or its wholly owned subsidiaries, or a franchisee association or
  418  cooperative thereof, that is registered under the federal
  419  Securities Exchange Act of 1934 and has total assets of not less
  420  than $25 million from conducting a game promotion which can be
  421  played on an electronic communication device, including, but not
  422  limited to, a computer or a cellular telephone.
  423         Section 4. Subsection (1) of section 849.15, Florida
  424  Statutes, is amended to read:
  425         849.15 Manufacture, sale, possession, etc., of coin
  426  operated devices prohibited.—
  427         (1) It is unlawful:
  428         (a) To manufacture, own, store, keep, possess, sell, rent,
  429  lease, let on shares, lend or give away, transport, or expose
  430  for sale or lease, or to offer to sell, rent, lease, let on
  431  shares, lend or give away, or permit the operation of, or for
  432  any person to permit to be placed, maintained, or used or kept
  433  in any room, space, or building owned, leased, or occupied by
  434  the person or under the person’s management or control, any slot
  435  machine or device or any part thereof, or other gambling
  436  apparatus or any part thereof that is otherwise prohibited from
  437  operation or possession in the state; or
  438         (b) To make or to permit to be made with any person any
  439  agreement with reference to any slot machine or device, pursuant
  440  to which the user thereof, as a result of any element of chance
  441  or other outcome unpredictable to him or her, may become
  442  entitled to receive any money, credit, allowance, or thing of
  443  value or additional chance or right to use such machine or
  444  device, or to receive any check, slug, token, or memorandum
  445  entitling the holder to receive any money, credit, allowance, or
  446  thing of value.
  447         Section 5. Subsection (1) of section 849.16, Florida
  448  Statutes, is amended to read:
  449         849.16 Machines or devices which come within provisions of
  450  law defined.—
  451         (1) Any machine or device or system or network of computers
  452  or other devices is a slot machine or device within the
  453  provisions of this chapter if it is one that is adapted for use
  454  in such a way that, as a result of the insertion of any piece of
  455  money, coin, code, account number, credit, or other object or
  456  method of activation, such machine, or device, or system or
  457  network of computers or other devices is caused to operate or
  458  may be operated, whether directly or as the result of indirect
  459  remote activation, and if the user, by reason of any element of
  460  chance or of any other outcome of such operation unpredictable
  461  by him or her, may:
  462         (a) Receive or become entitled to receive any piece of
  463  money, credit, allowance, or thing of value, or any check, slug,
  464  token, or memorandum, whether of value or otherwise, which may
  465  be exchanged for any money, credit, allowance, or thing of value
  466  or which may be given in trade; or
  467         (b) Secure additional chances or rights to use such
  468  machine, apparatus, or device, even though it may, in addition
  469  to any element of chance or unpredictable outcome of such
  470  operation, also sell, deliver, or present some merchandise,
  471  indication of weight, entertainment, or other thing of value.
  472         Section 6. Paragraph (a) of subsection (1) of section
  473  895.02, Florida Statutes, is amended to read:
  474         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  475         (1) “Racketeering activity” means to commit, to attempt to
  476  commit, to conspire to commit, or to solicit, coerce, or
  477  intimidate another person to commit:
  478         (a) Any crime that is chargeable by petition, indictment,
  479  or information under the following provisions of the Florida
  480  Statutes:
  481         1. Section 210.18, relating to evasion of payment of
  482  cigarette taxes.
  483         2. Section 316.1935, relating to fleeing or attempting to
  484  elude a law enforcement officer and aggravated fleeing or
  485  eluding.
  486         3. Section 403.727(3)(b), relating to environmental
  487  control.
  488         4. Section 409.920 or s. 409.9201, relating to Medicaid
  489  fraud.
  490         5. Section 414.39, relating to public assistance fraud.
  491         6. Section 440.105 or s. 440.106, relating to workers’
  492  compensation.
  493         7. Section 443.071(4), relating to creation of a fictitious
  494  employer scheme to commit unemployment compensation fraud.
  495         8. Section 465.0161, relating to distribution of medicinal
  496  drugs without a permit as an Internet pharmacy.
  497         9. Section 499.0051, relating to crimes involving
  498  contraband and adulterated drugs.
  499         10. Part IV of chapter 501, relating to telemarketing.
  500         11. Chapter 517, relating to sale of securities and
  501  investor protection.
  502         12. Section 550.235 or s. 550.3551, relating to dogracing
  503  and horseracing.
  504         13. Chapter 550, relating to jai alai frontons.
  505         14. Section 551.109, relating to slot machine gaming.
  506         15. Chapter 552, relating to the manufacture, distribution,
  507  and use of explosives.
  508         16. Chapter 560, relating to money transmitters, if the
  509  violation is punishable as a felony.
  510         17. Chapter 562, relating to beverage law enforcement.
  511         18. Section 624.401, relating to transacting insurance
  512  without a certificate of authority, s. 624.437(4)(c)1., relating
  513  to operating an unauthorized multiple-employer welfare
  514  arrangement, or s. 626.902(1)(b), relating to representing or
  515  aiding an unauthorized insurer.
  516         19. Section 655.50, relating to reports of currency
  517  transactions, when such violation is punishable as a felony.
  518         20. Chapter 687, relating to interest and usurious
  519  practices.
  520         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  521  real estate timeshare plans.
  522         22. Section 775.13(5)(b), relating to registration of
  523  persons found to have committed any offense for the purpose of
  524  benefiting, promoting, or furthering the interests of a criminal
  525  gang.
  526         23. Section 777.03, relating to commission of crimes by
  527  accessories after the fact.
  528         24. Chapter 782, relating to homicide.
  529         25. Chapter 784, relating to assault and battery.
  530         26. Chapter 787, relating to kidnapping or human
  531  trafficking.
  532         27. Chapter 790, relating to weapons and firearms.
  533         28. Chapter 794, relating to sexual battery, but only if
  534  such crime was committed with the intent to benefit, promote, or
  535  further the interests of a criminal gang, or for the purpose of
  536  increasing a criminal gang member’s own standing or position
  537  within a criminal gang.
  538         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
  539  796.05, or s. 796.07, relating to prostitution and sex
  540  trafficking.
  541         30. Chapter 806, relating to arson and criminal mischief.
  542         31. Chapter 810, relating to burglary and trespass.
  543         32. Chapter 812, relating to theft, robbery, and related
  544  crimes.
  545         33. Chapter 815, relating to computer-related crimes.
  546         34. Chapter 817, relating to fraudulent practices, false
  547  pretenses, fraud generally, and credit card crimes.
  548         35. Chapter 825, relating to abuse, neglect, or
  549  exploitation of an elderly person or disabled adult.
  550         36. Section 827.071, relating to commercial sexual
  551  exploitation of children.
  552         37. Chapter 831, relating to forgery and counterfeiting.
  553         38. Chapter 832, relating to issuance of worthless checks
  554  and drafts.
  555         39. Section 836.05, relating to extortion.
  556         40. Chapter 837, relating to perjury.
  557         41. Chapter 838, relating to bribery and misuse of public
  558  office.
  559         42. Chapter 843, relating to obstruction of justice.
  560         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  561  s. 847.07, relating to obscene literature and profanity.
  562         44. Section 849.09, s. 849.14, s. 849.15, s. 849.162, s.
  563  849.23, or s. 849.25, relating to gambling.
  564         45. Chapter 874, relating to criminal gangs.
  565         46. Chapter 893, relating to drug abuse prevention and
  566  control.
  567         47. Chapter 896, relating to offenses related to financial
  568  transactions.
  569         48. Sections 914.22 and 914.23, relating to tampering with
  570  or harassing a witness, victim, or informant, and retaliation
  571  against a witness, victim, or informant.
  572         49. Sections 918.12 and 918.13, relating to tampering with
  573  jurors and evidence.
  574         Section 7. Nothing in this act may be construed to
  575  authorize the possession or operation of any machine or device
  576  that is prohibited under any other provision of law.
  577         Section 8. Subsection (2) of section 721.111, Florida
  578  Statutes, is amended to read:
  579         721.111 Prize and gift promotional offers.—
  580         (2) A game promotion, such as a contest of chance, gift
  581  enterprise, or sweepstakes, in which the elements of chance and
  582  prize are present may not be used in connection with the
  583  offering or sale of timeshare interests, except for drawings, as
  584  that term is defined in s. 849.0935(1)(a), in which no more than
  585  26 prizes are promoted and in which all promoted prizes are
  586  actually awarded. All such drawings must meet all requirements
  587  of this chapter and of ss. 849.092 and 849.094(1), (4) (2), and
  588  (9) (7).
  589         Section 9. For the purpose of incorporating the amendment
  590  made by this act to section 895.02, Florida Statutes, in a
  591  reference thereto, paragraph (a) of subsection (1) of section
  592  16.56, Florida Statutes, is reenacted to read:
  593         16.56 Office of Statewide Prosecution.—
  594         (1) There is created in the Department of Legal Affairs an
  595  Office of Statewide Prosecution. The office shall be a separate
  596  “budget entity” as that term is defined in chapter 216. The
  597  office may:
  598         (a) Investigate and prosecute the offenses of:
  599         1. Bribery, burglary, criminal usury, extortion, gambling,
  600  kidnapping, larceny, murder, prostitution, perjury, robbery,
  601  carjacking, and home-invasion robbery;
  602         2. Any crime involving narcotic or other dangerous drugs;
  603         3. Any violation of the provisions of the Florida RICO
  604  (Racketeer Influenced and Corrupt Organization) Act, including
  605  any offense listed in the definition of racketeering activity in
  606  s. 895.02(1)(a), providing such listed offense is investigated
  607  in connection with a violation of s. 895.03 and is charged in a
  608  separate count of an information or indictment containing a
  609  count charging a violation of s. 895.03, the prosecution of
  610  which listed offense may continue independently if the
  611  prosecution of the violation of s. 895.03 is terminated for any
  612  reason;
  613         4. Any violation of the provisions of the Florida Anti
  614  Fencing Act;
  615         5. Any violation of the provisions of the Florida Antitrust
  616  Act of 1980, as amended;
  617         6. Any crime involving, or resulting in, fraud or deceit
  618  upon any person;
  619         7. Any violation of s. 847.0135, relating to computer
  620  pornography and child exploitation prevention, or any offense
  621  related to a violation of s. 847.0135 or any violation of
  622  chapter 827 where the crime is facilitated by or connected to
  623  the use of the Internet or any device capable of electronic data
  624  storage or transmission;
  625         8. Any violation of the provisions of chapter 815;
  626         9. Any criminal violation of part I of chapter 499;
  627         10. Any violation of the provisions of the Florida Motor
  628  Fuel Tax Relief Act of 2004;
  629         11. Any criminal violation of s. 409.920 or s. 409.9201;
  630         12. Any crime involving voter registration, voting, or
  631  candidate or issue petition activities;
  632         13. Any criminal violation of the Florida Money Laundering
  633  Act; or
  634         14. Any criminal violation of the Florida Securities and
  635  Investor Protection Act; or any attempt, solicitation, or
  636  conspiracy to commit any of the crimes specifically enumerated
  637  above. The office shall have such power only when any such
  638  offense is occurring, or has occurred, in two or more judicial
  639  circuits as part of a related transaction, or when any such
  640  offense is connected with an organized criminal conspiracy
  641  affecting two or more judicial circuits. Informations or
  642  indictments charging such offenses shall contain general
  643  allegations stating the judicial circuits and counties in which
  644  crimes are alleged to have occurred or the judicial circuits and
  645  counties in which crimes affecting such circuits or counties are
  646  alleged to have been connected with an organized criminal
  647  conspiracy.
  648         Section 10. For the purpose of incorporating the amendment
  649  made by this act to section 849.16, Florida Statutes, in a
  650  reference thereto, subsection (1) of section 338.234, Florida
  651  Statutes, is reenacted to read:
  652         338.234 Granting concessions or selling along the turnpike
  653  system; immunity from taxation.—
  654         (1) The department may enter into contracts or licenses
  655  with any person for the sale of services or products or business
  656  opportunities on the turnpike system, or the turnpike enterprise
  657  may sell services, products, or business opportunities on the
  658  turnpike system, which benefit the traveling public or provide
  659  additional revenue to the turnpike system. Services, business
  660  opportunities, and products authorized to be sold include, but
  661  are not limited to, motor fuel, vehicle towing, and vehicle
  662  maintenance services; food with attendant nonalcoholic
  663  beverages; lodging, meeting rooms, and other business services
  664  opportunities; advertising and other promotional opportunities,
  665  which advertising and promotions must be consistent with the
  666  dignity and integrity of the state; state lottery tickets sold
  667  by authorized retailers; games and amusements that operate by
  668  the application of skill, not including games of chance as
  669  defined in s. 849.16 or other illegal gambling games; Florida
  670  citrus, goods promoting the state, or handmade goods produced
  671  within the state; and travel information, tickets, reservations,
  672  or other related services. However, the department, pursuant to
  673  the grants of authority to the turnpike enterprise under this
  674  section, shall not exercise the power of eminent domain solely
  675  for the purpose of acquiring real property in order to provide
  676  business services or opportunities, such as lodging and meeting
  677  room space on the turnpike system.
  678         Section 11. For the purpose of incorporating the amendment
  679  made by this act to section 895.02, Florida Statutes, in a
  680  reference thereto, paragraph (g) of subsection (3) of section
  681  655.50, Florida Statutes, is reenacted to read:
  682         655.50 Florida Control of Money Laundering in Financial
  683  Institutions Act; reports of transactions involving currency or
  684  monetary instruments; when required; purpose; definitions;
  685  penalties.—
  686         (3) As used in this section, the term:
  687         (g) “Specified unlawful activity” means any “racketeering
  688  activity” as defined in s. 895.02.
  689         Section 12. For the purpose of incorporating the amendment
  690  made by this act to section 849.16, Florida Statutes, in a
  691  reference thereto, section 849.19, Florida Statutes, is
  692  reenacted to read:
  693         849.19 Property rights in confiscated machine.—The right of
  694  property in and to any machine, apparatus or device as defined
  695  in s. 849.16 and to all money and other things of value therein,
  696  is declared not to exist in any person, and the same shall be
  697  forfeited and such money or other things of value shall be
  698  forfeited to the county in which the seizure was made and shall
  699  be delivered forthwith to the clerk of the circuit court and
  700  shall by her or him be placed in the fine and forfeiture fund of
  701  said county.
  702         Section 13. For the purpose of incorporating the amendment
  703  made by this act to section 895.02, Florida Statutes, in a
  704  reference thereto, paragraph (g) of subsection (2) of section
  705  896.101, Florida Statutes, is reenacted to read:
  706         896.101 Florida Money Laundering Act; definitions;
  707  penalties; injunctions; seizure warrants; immunity.—
  708         (2) As used in this section, the term:
  709         (g) “Specified unlawful activity” means any “racketeering
  710  activity” as defined in s. 895.02.
  711         Section 14. For the purpose of incorporating the amendment
  712  made by this act to section 895.02, Florida Statutes, in a
  713  reference thereto, subsection (3) of section 905.34, Florida
  714  Statutes, is reenacted to read:
  715         905.34 Powers and duties; law applicable.—The jurisdiction
  716  of a statewide grand jury impaneled under this chapter shall
  717  extend throughout the state. The subject matter jurisdiction of
  718  the statewide grand jury shall be limited to the offenses of:
  719         (3) Any violation of the provisions of the Florida RICO
  720  (Racketeer Influenced and Corrupt Organization) Act, including
  721  any offense listed in the definition of racketeering activity in
  722  s. 895.02(1)(a), providing such listed offense is investigated
  723  in connection with a violation of s. 895.03 and is charged in a
  724  separate count of an information or indictment containing a
  725  count charging a violation of s. 895.03, the prosecution of
  726  which listed offense may continue independently if the
  727  prosecution of the violation of s. 895.03 is terminated for any
  728  reason; or any attempt, solicitation, or conspiracy to commit
  729  any violation of the crimes specifically enumerated above, when
  730  any such offense is occurring, or has occurred, in two or more
  731  judicial circuits as part of a related transaction or when any
  732  such offense is connected with an organized criminal conspiracy
  733  affecting two or more judicial circuits. The statewide grand
  734  jury may return indictments and presentments irrespective of the
  735  county or judicial circuit where the offense is committed or
  736  triable. If an indictment is returned, it shall be certified and
  737  transferred for trial to the county where the offense was
  738  committed. The powers and duties of, and law applicable to,
  739  county grand juries shall apply to a statewide grand jury except
  740  when such powers, duties, and law are inconsistent with the
  741  provisions of ss. 905.31-905.40.
  742         Section 15. This act shall take effect upon becoming a law.