Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1030
       
       
       
       
       
                                Barcode 136928                          
       
       584-02394-13                                                    
       Proposed Committee Substitute by the Committee on Gaming
    1                        A bill to be entitled                      
    2         An act relating to the prohibition of electronic
    3         gambling devices; providing legislative findings and a
    4         declaration of intent and construction; amending s.
    5         849.0935, F.S., relating to drawings by chance offered
    6         by nonprofit organizations; revising the definition of
    7         the term “drawing by chance” to include the term
    8         “raffle” within the meaning of the term and exclude
    9         the term “game promotions”; revising conditions for
   10         exceptions to prohibitions on lotteries; prohibiting
   11         the use of certain devices operated by drawing
   12         entrants; providing penalties; amending s. 849.094,
   13         F.S., relating to game promotions in connection with
   14         sale of consumer products or services; defining the
   15         term “department” as the Department of Agriculture and
   16         Consumer Services; revising definitions; prohibiting
   17         specified nonprofit organizations from operating a
   18         game promotion; providing conditions for exceptions to
   19         prohibitions on lotteries; prohibiting the use of
   20         certain devices operated by game promotion entrants;
   21         revising procedures for operation of a game promotion;
   22         providing for construction; providing that violations
   23         are deceptive and unfair trade practices; revising
   24         applicability provisions; amending s. 849.16, F.S.;
   25         defining the term “slot machine or device” for
   26         purposes of specified gambling provisions; providing a
   27         rebuttable presumption that a device, system, or
   28         network is a prohibited slot machine; amending s.
   29         849.161, F.S.; providing definitions; revising and
   30         clarifying provisions relating to amusement games and
   31         machines; amending s. 895.02, F.S.; revising the
   32         definition of the term “racketeering activity” to
   33         include violations of specified provisions; amending
   34         s. 721.111, F.S., relating to promotional offers;
   35         conforming cross-references; reenacting ss.
   36         16.56(1)(a), 338.234(1), 655.50(3)(g), 849.19,
   37         896.101(2)(g), and 905.34(3), F.S., relating to the
   38         Office of Statewide Prosecution, the Florida Turnpike,
   39         money laundering, seizure of property, the Florida
   40         Money Laundering Act, and a statewide grand jury,
   41         respectively, to incorporate changes made by the act
   42         in references thereto; providing an effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Findings and declarations of necessity.—
   47         (1) The Legislature declares that s. 849.01, Florida
   48  Statutes, specifically prohibits the keeping or maintaining of a
   49  place for the purpose of gambling or gaming.
   50         (2) The Legislature finds that s. 849.0935, Florida
   51  Statutes, was enacted to allow specified charitable or nonprofit
   52  organizations the opportunity to raise funds to carry out their
   53  charitable or nonprofit purpose by conducting a raffle for
   54  prizes by eliminating the element of consideration and allowing
   55  the receipt of voluntary donations or contributions and was not
   56  intended to provide a vehicle for the establishment of places of
   57  gambling or gaming.
   58         (3) The Legislature finds that s. 849.094, Florida
   59  Statutes, was enacted to regulate certain game promotions or
   60  sweepstakes conducted by for-profit commercial entities on a
   61  limited and occasional basis as an advertising and marketing
   62  tool and incidental to substantial bona fide sales of consumer
   63  products or services, if the element of consideration is removed
   64  as no purchase necessary and they comply with the requirements
   65  and rules specified by law, and was not intended to provide a
   66  vehicle for the establishment of places of ongoing gambling or
   67  gaming.
   68         (4) The Legislature finds that s. 849.161, Florida
   69  Statutes, was enacted to regulate the operation of skill-based
   70  arcade games offered at specified arcade amusement centers and
   71  truck stops if they comply with the requirements of law and was
   72  not provided as a vehicle to conduct casino-style gambling.
   73         (5) Therefore the Legislature finds that there is a
   74  compelling state interest in clarifying the operation and use of
   75  ss. 849.0935, 849.094, and 849.161, Florida Statutes, to ensure
   76  that a charitable drawing by chance, game promotion in
   77  connection with the sale of a consumer product or service, and
   78  arcade amusement games are not subject to abuse or interpreted
   79  in any manner as creating an exception to Florida’s general
   80  prohibitions against gambling.
   81         Section 2. Paragraph (a) of subsection (1) and subsections
   82  (2), (4), and (7) of section 849.0935, Florida Statutes, are
   83  amended to read:
   84         849.0935 Charitable, nonprofit organizations; drawings by
   85  chance; required disclosures; unlawful acts and practices;
   86  penalties.—
   87         (1) As used in this section, the term:
   88         (a) “Drawing by chance,or “drawing,or “raffle” means an
   89  enterprise in which, from the entries submitted by the public to
   90  the organization conducting the drawing, one or more entries are
   91  selected by chance to win a prize. The term “drawing” does not
   92  include those enterprises, commonly known as “game promotions,”
   93  as defined by s. 849.094, “matching,” “instant winner,” or
   94  “preselected sweepstakes,” which involve the distribution of
   95  winning numbers, previously designated as such, to the public.
   96         (2) Section The provisions of s. 849.09 does shall not be
   97  construed to prohibit an organization qualified under 26 U.S.C.
   98  s. 501(c)(3), (4), (7), (8), (10), or (19) from conducting
   99  drawings by chance pursuant to the authority granted by this
  100  section, if provided the organization has complied with all
  101  applicable provisions of chapter 496 and this section. Authority
  102  to conduct drawings by chance pursuant to this section does not
  103  provide an exemption to s. 849.01, s. 849.15, or any other law.
  104         (4) It is unlawful for any organization that which,
  105  pursuant to the authority granted by this section, promotes,
  106  operates, or conducts a drawing by chance:
  107         (a) To design, engage in, promote, or conduct any drawing
  108  in which the winner is predetermined by means of matching,
  109  instant win, or preselected sweepstakes or otherwise or in which
  110  the selection of the winners is in any way rigged;
  111         (b) To require an entry fee, donation, substantial
  112  consideration, payment, proof of purchase, or contribution as a
  113  condition of entering the drawing or of being selected to win a
  114  prize. However, this paragraph does provision shall not prohibit
  115  an organization from suggesting a minimum donation or from
  116  including a statement of such suggested minimum donation on any
  117  printed material used utilized in connection with the
  118  fundraising event or drawing;
  119         (c) To condition the drawing on a minimum number of tickets
  120  having been disbursed to contributors or on a minimum amount of
  121  contributions having been received;
  122         (d) To arbitrarily remove, disqualify, disallow, or reject
  123  any entry or to discriminate in any manner between entrants who
  124  gave contributions to the organization and those who did not
  125  give such contributions;
  126         (e) To fail to promptly notify, at the address set forth on
  127  the entry blank, any person, whose entry is selected to win, of
  128  the fact that he or she won;
  129         (f) To fail to award all prizes offered;
  130         (g) To print, publish, or circulate literature or
  131  advertising material used in connection with the drawing which
  132  is false, deceptive, or misleading;
  133         (h) To cancel a drawing; or
  134         (i) To condition the acquisition or giveaway of any prize
  135  upon the receipt of voluntary donations or contributions; or.
  136         (7) Any organization which engages in any act or practice
  137  in violation of this section is guilty of a misdemeanor of the
  138  second degree, punishable as provided in s. 775.082 or s.
  139  775.083. However, Any organization or other person who sells or
  140  offers for sale in this state a ticket or entry blank for a
  141  raffle or other drawing by chance, without complying with the
  142  requirements of paragraph (3)(d), commits is guilty of a
  143  misdemeanor of the second degree, punishable by fine only as
  144  provided in s. 775.083.
  145         Section 3. Section 849.094, Florida Statutes, is amended to
  146  read:
  147         849.094 Game promotion in connection with sale of consumer
  148  products or services.—
  149         (1) As used in this section, the term:
  150         (a) “Department” means the Department of Agriculture and
  151  Consumer Services.
  152         (b)(a) “Game promotion” means, but is not limited to, a
  153  contest, game of chance, sweepstakes, or gift enterprise,
  154  conducted by an operator within or throughout the state and
  155  other states in connection with and incidental to the sale of
  156  consumer products or services, and in which the elements of
  157  chance and prize are present. However, “game promotion” may
  158  shall not be construed to apply to bingo games conducted
  159  pursuant to s. 849.0931.
  160         (c)(b) “Operator” means any person, firm, corporation,
  161  enterprise, organization, or association or agent or employee
  162  thereof who promotes, operates, or conducts a game promotion,
  163  except any charitable nonprofit organization.
  164         (2) Section 849.09 does not prohibit an operator from
  165  conducting a game promotion pursuant to this section, if the
  166  operator has complied with this section. Authority to conduct
  167  game promotions pursuant to this section does not provide an
  168  exemption to s. 849.01, s. 849.15, or any other law.
  169         (3) An organization as defined in s. 849.0935 may not
  170  operate a game promotion.
  171         (4)(2) It is unlawful for any operator:
  172         (a) To design, engage in, promote, or conduct such a game
  173  promotion, in connection with the promotion or sale of consumer
  174  products or services, wherein the winner may be predetermined or
  175  the game may be manipulated or rigged so as to:
  176         1. Allocate a winning game or any portion thereof to
  177  certain lessees, agents, or franchises; or
  178         2. Allocate a winning game or part thereof to a particular
  179  period of the game promotion or to a particular geographic area;
  180         (b) Arbitrarily to remove, disqualify, disallow, or reject
  181  any entry;
  182         (c) To fail to award prizes offered;
  183         (d) To print, publish, or circulate literature or
  184  advertising material used in connection with such game
  185  promotions which is false, deceptive, or misleading; or
  186         (e) To require an entry fee, payment, or proof of purchase
  187  as a condition of entering a game promotion.
  188         (5)(3) The operator of a game promotion in which the total
  189  announced value of the prizes offered is greater than $5,000
  190  shall file with the department of Agriculture and Consumer
  191  Services a copy of the rules and regulations of the game
  192  promotion and a list of all prizes and prize categories offered
  193  at least 7 days before the commencement of the game promotion.
  194  Such rules and regulations may not thereafter be changed,
  195  modified, or altered. The operator of a game promotion shall
  196  conspicuously post the rules and regulations of such game
  197  promotion in each and every retail outlet or place where such
  198  game promotion may be played or participated in by the public
  199  and shall also publish the rules and regulations in all
  200  advertising copy used in connection therewith. However, such
  201  advertising copy need only include the material terms of the
  202  rules and regulations if the advertising copy includes a website
  203  address, a toll-free telephone number, or a mailing address
  204  where the full rules and regulations may be viewed, heard, or
  205  obtained for the full duration of the game promotion. Such
  206  disclosures must be legible. Radio and television announcements
  207  may indicate that the rules and regulations are available at
  208  retail outlets or from the operator of the promotion. A
  209  nonrefundable filing fee of $100 shall accompany each filing and
  210  shall be used to pay the costs incurred in administering and
  211  enforcing the provisions of this section.
  212         (6)(4)(a) Every operator of such a game promotion in which
  213  the total announced value of the prizes offered is greater than
  214  $5,000 shall establish a trust account, in a national or state
  215  chartered financial institution, with a balance sufficient to
  216  pay or purchase the total value of all prizes offered. On a form
  217  supplied by the department of Agriculture and Consumer Services,
  218  an official of the financial institution holding the trust
  219  account shall set forth the dollar amount of the trust account,
  220  the identity of the entity or individual establishing the trust
  221  account, and the name of the game promotion for which the trust
  222  account has been established. Such form shall be filed with the
  223  department of Agriculture and Consumer Services at least 7 days
  224  in advance of the commencement of the game promotion. In lieu of
  225  establishing such trust account, the operator may obtain a
  226  surety bond in an amount equivalent to the total value of all
  227  prizes offered; and such bond shall be filed with the department
  228  of Agriculture and Consumer Services at least 7 days in advance
  229  of the commencement of the game promotion.
  230         1. The moneys held in the trust account may be withdrawn in
  231  order to pay the prizes offered only upon certification to the
  232  department of Agriculture and Consumer Services of the name of
  233  the winner or winners and the amount of the prize or prizes and
  234  the value thereof.
  235         2. If the operator of a game promotion has obtained a
  236  surety bond in lieu of establishing a trust account, the amount
  237  of the surety bond shall equal at all times the total amount of
  238  the prizes offered.
  239         (b) The department of Agriculture and Consumer Services may
  240  waive the provisions of this subsection for any operator who has
  241  conducted game promotions in the state for not less than 5
  242  consecutive years and who has not had any civil, criminal, or
  243  administrative action instituted against him or her by the state
  244  or an agency of the state for violation of this section within
  245  that 5-year period. Such waiver may be revoked upon the
  246  commission of a violation of this section by such operator, as
  247  determined by the department of Agriculture and Consumer
  248  Services.
  249         (7)(5) Every operator of a game promotion in which the
  250  total announced value of the prizes offered is greater than
  251  $5,000 shall provide the department of Agriculture and Consumer
  252  Services with a certified list of the names and addresses of all
  253  persons, whether from this state or from another state, who have
  254  won prizes which have a value of more than $25, the value of
  255  such prizes, and the dates when the prizes were won within 60
  256  days after such winners have been finally determined. The
  257  operator shall provide a copy of the list of winners, without
  258  charge, to any person who requests it. In lieu of the foregoing,
  259  the operator of a game promotion may, at his or her option,
  260  publish the same information about the winners in a Florida
  261  newspaper of general circulation within 60 days after such
  262  winners have been determined and shall provide to the department
  263  of Agriculture and Consumer Services a certified copy of the
  264  publication containing the information about the winners. The
  265  operator of a game promotion is not required to notify a winner
  266  by mail or by telephone when the winner is already in possession
  267  of a game card from which the winner can determine that he or
  268  she has won a designated prize. All winning entries shall be
  269  held by the operator for a period of 90 days after the close or
  270  completion of the game.
  271         (8)(6) The department of Agriculture and Consumer Services
  272  shall keep the certified list of winners for a period of at
  273  least 6 months after receipt of the certified list. The
  274  department thereafter may dispose of all records and lists.
  275         (9)(7)An No operator may not shall force, directly or
  276  indirectly, a lessee, agent, or franchise dealer to purchase or
  277  participate in any game promotion. For the purpose of this
  278  section, coercion or force is shall be presumed in these
  279  circumstances in which a course of business extending over a
  280  period of 1 year or more longer is materially changed coincident
  281  with a failure or refusal of a lessee, agent, or franchise
  282  dealer to participate in such game promotions. Such force or
  283  coercion is shall further be presumed when an operator
  284  advertises generally that game promotions are available at its
  285  lessee dealers or agent dealers.
  286         (10)(8)(a) The department may adopt of Agriculture and
  287  Consumer Services shall have the power to promulgate such rules
  288  and regulations respecting the operation of game promotions as
  289  it deems may deem advisable.
  290         (b) Compliance with the rules of the department does not
  291  authorize and is not a defense to a charge of possession of a
  292  slot machine or device or any other device or a violation of any
  293  other law.
  294         (c)(b) Whenever the department of Agriculture and Consumer
  295  Services or the Department of Legal Affairs has reason to
  296  believe that a game promotion is being operated in violation of
  297  this section, it may bring an action in the circuit court of any
  298  judicial circuit in which the game promotion is being operated
  299  in the name and on behalf of the people of the state against any
  300  operator thereof to enjoin the continued operation of such game
  301  promotion anywhere within the state.
  302         (11)(9)(a) Any person, firm, or corporation, or association
  303  or agent or employee thereof, who engages in any acts or
  304  practices stated in this section to be unlawful, or who violates
  305  any of the rules and regulations made pursuant to this section,
  306  commits is guilty of a misdemeanor of the second degree,
  307  punishable as provided in s. 775.082 or s. 775.083.
  308         (b) Any person, firm, corporation, association, agent, or
  309  employee who violates any provision of this section or any of
  310  the rules and regulations made pursuant to this section shall be
  311  liable for a civil penalty of not more than $1,000 for each such
  312  violation, which shall accrue to the state and may be recovered
  313  in a civil action brought by the department of Agriculture and
  314  Consumer Services or the Department of Legal Affairs.
  315         (12) A violation of this section, or soliciting another to
  316  do an act that violates this section, constitutes a deceptive
  317  and unfair trade practice actionable under the Florida Deceptive
  318  and Unfair Trade Practices Act.
  319         (13)(10) This section does not apply to actions or
  320  transactions regulated by the Department of Business and
  321  Professional Regulation or to the activities of nonprofit
  322  organizations or to any other organization engaged in any
  323  enterprise other than the sale of consumer products or services.
  324  Subsections (3), (4), (5), (6), and (7), (8), and (9) and
  325  paragraph (10)(a) (8)(a) and any of the rules made pursuant
  326  thereto do not apply to television or radio broadcasting
  327  companies licensed by the Federal Communications Commission.
  328         Section 4. Section 849.16, Florida Statutes, is amended to
  329  read:
  330         849.16 Machines or devices which come within provisions of
  331  law defined.—
  332         (1) As used in this chapter, the term “slot machine or
  333  device” means any machine or device or system or network of
  334  devices is a slot machine or device within the provisions of
  335  this chapter if it is one that is adapted for use in such a way
  336  that, upon activation, which may be achieved by, but is not
  337  limited to, as a result of the insertion of any piece of money,
  338  coin, account number, code, or other object or information, such
  339  machine or device or system is directly or indirectly caused to
  340  operate or may be operated and if the user, whether by
  341  application of skill or by reason of any element of chance or of
  342  any other outcome of such operation unpredictable by the user
  343  him or her, may:
  344         (a) Receive or become entitled to receive any piece of
  345  money, credit, allowance, or thing of value, or any check, slug,
  346  token, or memorandum, whether of value or otherwise, which may
  347  be exchanged for any money, credit, allowance, or thing of value
  348  or which may be given in trade; or
  349         (b) Secure additional chances or rights to use such
  350  machine, apparatus, or device, even though the device or system
  351  it may be available for free play or, in addition to any element
  352  of chance or unpredictable outcome of such operation, may also
  353  sell, deliver, or present some merchandise, indication of
  354  weight, entertainment, or other thing of value. The term “slot
  355  machine or device” includes, but is not limited to, devices
  356  regulated as slot machines pursuant to chapter 551.
  357         (2) Nothing contained in This chapter may not shall be
  358  construed, interpreted, or applied to the possession of a
  359  reverse vending machine. As used in this section, the term a
  360  reverse vending machine” means is a machine into which empty
  361  beverage containers are deposited for recycling and which
  362  provides a payment of money, merchandise, vouchers, or other
  363  incentives. At a frequency less than upon the deposit of each
  364  beverage container, a reverse vending machine may pay out a
  365  random incentive bonus greater than that guaranteed payment in
  366  the form of money, merchandise, vouchers, or other incentives.
  367  The deposit of any empty beverage container into a reverse
  368  vending machine does not constitute consideration, and nor shall
  369  a reverse vending machine may not be deemed to be a slot machine
  370  as defined in within this section.
  371         (3) There is a rebuttable presumption that a device,
  372  system, or network is a prohibited slot machine or device if it
  373  is used to display images of games of chance and is part of a
  374  scheme involving any payment or donation of money or its
  375  equivalent and awarding anything of value.
  376         Section 5. Section 849.161, Florida Statutes, is amended to
  377  read:
  378         849.161 Amusement games or machines; when chapter
  379  inapplicable.—
  380         (1)As used in this section, the term:
  381         (a) “Amusement games or machines” means games that operate
  382  by means of the insertion of a coin and that by application of
  383  skill may entitle the person playing or operating the game or
  384  machine to receive points or coupons, the cost value of which
  385  does not exceed 75 cents on any game played, which may be
  386  exchanged for merchandise. The term does not include casino
  387  style games in which the outcome is determined by factors
  388  unpredictable by the player or games in which the player may not
  389  control the outcome of the game through skill.
  390         (b) “Arcade amusement center” means a place of business
  391  having at least 50 coin-operated amusement games or machines on
  392  premises which are operated for the entertainment of the general
  393  public and tourists as a bona fide amusement facility.
  394         (c) “Game played” means the event occurring from the
  395  initial activation of the machine until the results of play are
  396  determined without payment of additional consideration. Free
  397  replays do not constitute additional consideration.
  398         (d) “Merchandise” means noncash prizes, including toys and
  399  novelties. The term does not include cash or any equivalent
  400  thereof, including gift cards or certificates, or alcoholic
  401  beverages.
  402         (e) “Truck stop” means a dealer registered pursuant to
  403  chapter 212, excluding a marina, which:
  404         1. Declared its primary fuel business to be the sale of
  405  diesel fuel;
  406         2. Operates a minimum of six functional diesel fuel pumps;
  407  and
  408         3. Has coin-operated amusement games or machines on
  409  premises which are operated for the entertainment of the general
  410  public and tourists as bona fide amusement games or machines.
  411         (2)(1)(a)1. Nothing contained in this chapter shall be
  412  taken or construed to prohibit as applicable to an arcade
  413  amusement center or truck stop from operating having amusement
  414  games or machines in conformance with this section which operate
  415  by means of the insertion of a coin and which by application of
  416  skill may entitle the person playing or operating the game or
  417  machine to receive points or coupons which may be exchanged for
  418  merchandise only, excluding cash and alcoholic beverages,
  419  provided the cost value of the merchandise or prize awarded in
  420  exchange for such points or coupons does not exceed 75 cents on
  421  any game played.
  422         2.Nothing contained in this chapter shall be taken or
  423  construed as applicable to any retail dealer who operates as a
  424  truck stop, as defined in chapter 336 and which operates a
  425  minimum of 6 functional diesel fuel pumps, having amusement
  426  games or machines which operate by means of the insertion of a
  427  coin or other currency and which by application of skill may
  428  entitle the person playing or operating the game or machine to
  429  receive points or coupons which may be exchanged for merchandise
  430  limited to noncash prizes, toys, novelties, and Florida Lottery
  431  products, excluding alcoholic beverages, provided the cost value
  432  of the merchandise or prize awarded in exchange for such points
  433  or coupons does not exceed 75 cents on any game played.
  434         (3) This section subparagraph applies only to games and
  435  machines that which are operated for the entertainment of the
  436  general public and tourists as bona fide amusement games or
  437  machines.
  438         (4) This section may subsection shall not be construed to
  439  authorize apply, however, to any game or device defined as a
  440  gambling device in 15 24 U.S.C. s. 1171, which requires
  441  identification of each device by permanently affixing seriatim
  442  numbering and name, trade name, and date of manufacture under s.
  443  1173, and registration with the United States Attorney General,
  444  unless excluded from applicability of the chapter under s. 1178,
  445  or. this subsection shall not be construed to authorize video
  446  poker games or any other game or machine that may be construed
  447  as a gambling device under Florida law.
  448         (5)(b)This section does not apply Nothing in this
  449  subsection shall be taken or construed as applicable to a coin
  450  operated game or device designed and manufactured only for bona
  451  fide amusement purposes which game or device may by application
  452  of skill entitle the player to replay the game or device at no
  453  additional cost, if the game or device: can accumulate and react
  454  to no more than 15 free replays; can be discharged of
  455  accumulated free replays only by reactivating the game or device
  456  for one additional play for such accumulated free replay; can
  457  make no permanent record, directly or indirectly, of free
  458  replays; and is not classified by the United States as a
  459  gambling device in 15 24 U.S.C. s. 1171, which requires
  460  identification of each device by permanently affixing seriatim
  461  numbering and name, trade name, and date of manufacture under s.
  462  1173, and registration with the United States Attorney General,
  463  unless excluded from applicability of the chapter under s. 1178.
  464  This subsection shall not be construed to authorize video poker
  465  games, or any other game or machine that may be construed as a
  466  gambling device under Florida law.
  467         (2) The term “arcade amusement center” as used in this
  468  section means a place of business having at least 50 coin
  469  operated amusement games or machines on premises which are
  470  operated for the entertainment of the general public and
  471  tourists as a bona fide amusement facility.
  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 reemployment assistance 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. 796.05, or s.
  539  796.07, relating to prostitution and sex trafficking.
  540         30. Chapter 806, relating to arson and criminal mischief.
  541         31. Chapter 810, relating to burglary and trespass.
  542         32. Chapter 812, relating to theft, robbery, and related
  543  crimes.
  544         33. Chapter 815, relating to computer-related crimes.
  545         34. Chapter 817, relating to fraudulent practices, false
  546  pretenses, fraud generally, and credit card crimes.
  547         35. Chapter 825, relating to abuse, neglect, or
  548  exploitation of an elderly person or disabled adult.
  549         36. Section 827.071, relating to commercial sexual
  550  exploitation of children.
  551         37. Chapter 831, relating to forgery and counterfeiting.
  552         38. Chapter 832, relating to issuance of worthless checks
  553  and drafts.
  554         39. Section 836.05, relating to extortion.
  555         40. Chapter 837, relating to perjury.
  556         41. Chapter 838, relating to bribery and misuse of public
  557  office.
  558         42. Chapter 843, relating to obstruction of justice.
  559         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  560  s. 847.07, relating to obscene literature and profanity.
  561         44. Chapter 849 Section 849.09, s. 849.14, s. 849.15, s.
  562  849.23, or s. 849.25, relating to gambling, lottery, gambling or
  563  gaming devices, slot machines, or any of the provisions within
  564  that chapter.
  565         45. Chapter 874, relating to criminal gangs.
  566         46. Chapter 893, relating to drug abuse prevention and
  567  control.
  568         47. Chapter 896, relating to offenses related to financial
  569  transactions.
  570         48. Sections 914.22 and 914.23, relating to tampering with
  571  or harassing a witness, victim, or informant, and retaliation
  572  against a witness, victim, or informant.
  573         49. Sections 918.12 and 918.13, relating to tampering with
  574  jurors and evidence.
  575         Section 7. Subsection (2) of section 721.111, Florida
  576  Statutes, is amended to read:
  577         721.111 Prize and gift promotional offers.—
  578         (2) A game promotion, such as a contest of chance, gift
  579  enterprise, or sweepstakes, in which the elements of chance and
  580  prize are present may not be used in connection with the
  581  offering or sale of timeshare interests, except for drawings, as
  582  that term is defined in s. 849.0935(1)(a), in which no more than
  583  26 prizes are promoted and in which all promoted prizes are
  584  actually awarded. All such drawings must meet all requirements
  585  of this chapter and of ss. 849.092 and 849.094(1), (4) (2), and
  586  (9) (7).
  587         Section 8. For the purpose of incorporating the amendment
  588  made by this act to section 895.02, Florida Statutes, in a
  589  reference thereto, paragraph (a) of subsection (1) of section
  590  16.56, Florida Statutes, is reenacted to read:
  591         16.56 Office of Statewide Prosecution.—
  592         (1) There is created in the Department of Legal Affairs an
  593  Office of Statewide Prosecution. The office shall be a separate
  594  “budget entity” as that term is defined in chapter 216. The
  595  office may:
  596         (a) Investigate and prosecute the offenses of:
  597         1. Bribery, burglary, criminal usury, extortion, gambling,
  598  kidnapping, larceny, murder, prostitution, perjury, robbery,
  599  carjacking, and home-invasion robbery;
  600         2. Any crime involving narcotic or other dangerous drugs;
  601         3. Any violation of the provisions of the Florida RICO
  602  (Racketeer Influenced and Corrupt Organization) Act, including
  603  any offense listed in the definition of racketeering activity in
  604  s. 895.02(1)(a), providing such listed offense is investigated
  605  in connection with a violation of s. 895.03 and is charged in a
  606  separate count of an information or indictment containing a
  607  count charging a violation of s. 895.03, the prosecution of
  608  which listed offense may continue independently if the
  609  prosecution of the violation of s. 895.03 is terminated for any
  610  reason;
  611         4. Any violation of the provisions of the Florida Anti
  612  Fencing Act;
  613         5. Any violation of the provisions of the Florida Antitrust
  614  Act of 1980, as amended;
  615         6. Any crime involving, or resulting in, fraud or deceit
  616  upon any person;
  617         7. Any violation of s. 847.0135, relating to computer
  618  pornography and child exploitation prevention, or any offense
  619  related to a violation of s. 847.0135 or any violation of
  620  chapter 827 where the crime is facilitated by or connected to
  621  the use of the Internet or any device capable of electronic data
  622  storage or transmission;
  623         8. Any violation of the provisions of chapter 815;
  624         9. Any criminal violation of part I of chapter 499;
  625         10. Any violation of the provisions of the Florida Motor
  626  Fuel Tax Relief Act of 2004;
  627         11. Any criminal violation of s. 409.920 or s. 409.9201;
  628         12. Any crime involving voter registration, voting, or
  629  candidate or issue petition activities;
  630         13. Any criminal violation of the Florida Money Laundering
  631  Act;
  632         14. Any criminal violation of the Florida Securities and
  633  Investor Protection Act; or
  634         15. Any violation of the provisions of chapter 787, as well
  635  as any and all offenses related to a violation of the provisions
  636  of chapter 787;
  637  
  638  or any attempt, solicitation, or conspiracy to commit any of the
  639  crimes specifically enumerated above. The office shall have such
  640  power only when any such offense is occurring, or has occurred,
  641  in two or more judicial circuits as part of a related
  642  transaction, or when any such offense is connected with an
  643  organized criminal conspiracy affecting two or more judicial
  644  circuits. Informations or indictments charging such offenses
  645  shall contain general allegations stating the judicial circuits
  646  and counties in which crimes are alleged to have occurred or the
  647  judicial circuits and counties in which crimes affecting such
  648  circuits or counties are alleged to have been connected with an
  649  organized criminal conspiracy.
  650         Section 9. For the purpose of incorporating the amendment
  651  made by this act to section 849.16, Florida Statutes, in a
  652  reference thereto, subsection (1) of section 338.234, Florida
  653  Statutes, is reenacted to read:
  654         338.234 Granting concessions or selling along the turnpike
  655  system; immunity from taxation.—
  656         (1) The department may enter into contracts or licenses
  657  with any person for the sale of services or products or business
  658  opportunities on the turnpike system, or the turnpike enterprise
  659  may sell services, products, or business opportunities on the
  660  turnpike system, which benefit the traveling public or provide
  661  additional revenue to the turnpike system. Services, business
  662  opportunities, and products authorized to be sold include, but
  663  are not limited to, motor fuel, vehicle towing, and vehicle
  664  maintenance services; food with attendant nonalcoholic
  665  beverages; lodging, meeting rooms, and other business services
  666  opportunities; advertising and other promotional opportunities,
  667  which advertising and promotions must be consistent with the
  668  dignity and integrity of the state; state lottery tickets sold
  669  by authorized retailers; games and amusements that operate by
  670  the application of skill, not including games of chance as
  671  defined in s. 849.16 or other illegal gambling games; Florida
  672  citrus, goods promoting the state, or handmade goods produced
  673  within the state; and travel information, tickets, reservations,
  674  or other related services. However, the department, pursuant to
  675  the grants of authority to the turnpike enterprise under this
  676  section, shall not exercise the power of eminent domain solely
  677  for the purpose of acquiring real property in order to provide
  678  business services or opportunities, such as lodging and meeting
  679  room space on the turnpike system.
  680         Section 10. For the purpose of incorporating the amendment
  681  made by this act to section 895.02, Florida Statutes, in a
  682  reference thereto, paragraph (g) of subsection (3) of section
  683  655.50, Florida Statutes, is reenacted to read:
  684         655.50 Florida Control of Money Laundering in Financial
  685  Institutions Act; reports of transactions involving currency or
  686  monetary instruments; when required; purpose; definitions;
  687  penalties.—
  688         (3) As used in this section, the term:
  689         (g) “Specified unlawful activity” means any “racketeering
  690  activity” as defined in s. 895.02.
  691         Section 11. For the purpose of incorporating the amendment
  692  made by this act to section 849.16, Florida Statutes, in a
  693  reference thereto, section 849.19, Florida Statutes, is
  694  reenacted to read:
  695         849.19 Property rights in confiscated machine.—The right of
  696  property in and to any machine, apparatus or device as defined
  697  in s. 849.16 and to all money and other things of value therein,
  698  is declared not to exist in any person, and the same shall be
  699  forfeited and such money or other things of value shall be
  700  forfeited to the county in which the seizure was made and shall
  701  be delivered forthwith to the clerk of the circuit court and
  702  shall by her or him be placed in the fine and forfeiture fund of
  703  said county.
  704         Section 12. For the purpose of incorporating the amendment
  705  made by this act to section 895.02, Florida Statutes, in a
  706  reference thereto, paragraph (g) of subsection (2) of section
  707  896.101, Florida Statutes, is reenacted to read:
  708         896.101 Florida Money Laundering Act; definitions;
  709  penalties; injunctions; seizure warrants; immunity.—
  710         (2) As used in this section, the term:
  711         (g) “Specified unlawful activity” means any “racketeering
  712  activity” as defined in s. 895.02.
  713         Section 13. For the purpose of incorporating the amendment
  714  made by this act to section 895.02, Florida Statutes, in a
  715  reference thereto, subsection (3) of section 905.34, Florida
  716  Statutes, is reenacted to read:
  717         905.34 Powers and duties; law applicable.—The jurisdiction
  718  of a statewide grand jury impaneled under this chapter shall
  719  extend throughout the state. The subject matter jurisdiction of
  720  the statewide grand jury shall be limited to the offenses of:
  721         (3) Any violation of the provisions of the Florida RICO
  722  (Racketeer Influenced and Corrupt Organization) Act, including
  723  any offense listed in the definition of racketeering activity in
  724  s. 895.02(1)(a), providing such listed offense is investigated
  725  in connection with a violation of s. 895.03 and is charged in a
  726  separate count of an information or indictment containing a
  727  count charging a violation of s. 895.03, the prosecution of
  728  which listed offense may continue independently if the
  729  prosecution of the violation of s. 895.03 is terminated for any
  730  reason;
  731  
  732  or any attempt, solicitation, or conspiracy to commit any
  733  violation of the crimes specifically enumerated above, when any
  734  such offense is occurring, or has occurred, in two or more
  735  judicial circuits as part of a related transaction or when any
  736  such offense is connected with an organized criminal conspiracy
  737  affecting two or more judicial circuits. The statewide grand
  738  jury may return indictments and presentments irrespective of the
  739  county or judicial circuit where the offense is committed or
  740  triable. If an indictment is returned, it shall be certified and
  741  transferred for trial to the county where the offense was
  742  committed. The powers and duties of, and law applicable to,
  743  county grand juries shall apply to a statewide grand jury except
  744  when such powers, duties, and law are inconsistent with the
  745  provisions of ss. 905.31-905.40.
  746         Section 14. This act shall take effect upon becoming a law.