Florida Senate - 2021                              CS for SB 4-A
       
       
        
       By the Committee on Appropriations; and Senator Hutson
       
       
       
       
       
       576-00040-21A                                           20214Ac1
    1                        A bill to be entitled                      
    2         An act relating to gaming enforcement; amending s.
    3         16.56, F.S.; expanding the authority of the Office of
    4         Statewide Prosecution within the Department of Legal
    5         Affairs to investigate and prosecute certain crimes
    6         referred by the Florida Gaming Control Commission;
    7         creating s. 16.71, F.S.; creating the Florida Gaming
    8         Control Commission within the Office of the Attorney
    9         General; providing for membership of the commission;
   10         authorizing the Governor to remove or suspend members
   11         of the commission under certain circumstances;
   12         providing requirements and prohibitions relating to
   13         appointments; requiring the commission to appoint an
   14         executive director; providing requirements and duties
   15         for the executive director; requiring the chair of the
   16         commission to appoint an inspector general; creating
   17         s. 16.711, F.S.; creating the Division of Gaming
   18         Enforcement within the commission; specifying that the
   19         division shall be considered a criminal justice
   20         agency; requiring the commissioners to appoint a
   21         director of the division; providing requirements,
   22         powers, and duties of the director and investigators;
   23         authorizing the division and its investigators to
   24         seize and store certain contraband; defining the term
   25         “contraband”; providing construction; requiring the
   26         Department of Law Enforcement to provide certain
   27         assistance at the request of the division; requiring
   28         the commission to reimburse agencies for the actual
   29         cost of providing assistance; creating s. 16.712,
   30         F.S.; providing duties and responsibilities of the
   31         commission; authorizing the commission to take
   32         specified actions; requiring the commission to submit
   33         an annual report to the Governor and the Legislature;
   34         providing construction; creating s. 16.713, F.S.;
   35         specifying that certain persons are ineligible for
   36         appointment to or employment with the commission;
   37         providing prohibitions for commissioners and employees
   38         of the commission; defining the term “relative”;
   39         requiring commissioners and employees to provide
   40         notice relating to certain crimes; creating s. 16.714,
   41         F.S.; requiring the Department of Law Enforcement to
   42         perform specified background screenings upon the
   43         request of the division; requiring the commission to
   44         reimburse the department; requiring the division to
   45         conduct certain investigations; creating s. 16.715,
   46         F.S.; providing construction; providing standards of
   47         conduct for commissioners and employees of the
   48         commission; requiring commissioners and employees of
   49         the commission to complete specified annual training;
   50         requiring the Commission on Ethics to accept and
   51         investigate any alleged violations of the standards of
   52         conduct for commissioners and employees; providing
   53         requirements relating to such investigations;
   54         requiring a report to the Governor and the
   55         Legislature; authorizing a commissioner or an employee
   56         of the Florida Gaming Control Commission to request an
   57         advisory opinion from the Commission on Ethics;
   58         prohibiting certain persons from placing wagers in a
   59         facility licensed by the Florida Gaming Control
   60         Commission or by an Indian tribe that has a valid and
   61         active compact with the state; providing prohibitions
   62         for former commissioners and former employees of the
   63         commission; providing civil penalties; defining the
   64         term “ex parte communication”; providing prohibitions
   65         and requirements relating to ex parte communications;
   66         providing civil penalties; amending s. 20.055, F.S.;
   67         revising definitions; amending s. 20.165, F.S.;
   68         conforming a provision to changes made by the act;
   69         amending s. 285.710, F.S.; revising the definition of
   70         the term “state compliance agency”; designating the
   71         commission as the state compliance agency having
   72         authority to carry out certain responsibilities;
   73         transferring to the commission by a type two transfer
   74         all powers, duties, functions, records, offices,
   75         personnel, associated administrative support
   76         positions, property, pending issues, existing
   77         contracts, administrative authority, administrative
   78         rules, and unexpended balances of appropriations,
   79         allocations, and other funds of the Department of
   80         Business and Professional Regulation related to
   81         certain responsibilities, effective on a specified
   82         date; transferring the Pari-mutuel Wagering Trust Fund
   83         to the commission, effective on a specified date;
   84         amending s. 932.701, F.S.; revising the definition of
   85         the term “contraband article”; providing a directive
   86         to the Division of Law Revision; providing an
   87         appropriation; requiring the department to provide
   88         administrative support for the commission during a
   89         specified fiscal year; requiring the department, in
   90         coordination with the Department of Legal Affairs and
   91         the Department of Management Services, to establish a
   92         working group for a specified purpose; providing
   93         requirements for such working group; providing
   94         construction; providing contingent effective dates.
   95          
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Paragraph (a) of subsection (1) of section
   99  16.56, Florida Statutes, is amended to read:
  100         16.56 Office of Statewide Prosecution.—
  101         (1) There is created in the Department of Legal Affairs an
  102  Office of Statewide Prosecution. The office shall be a separate
  103  “budget entity” as that term is defined in chapter 216. The
  104  office may:
  105         (a) Investigate and prosecute the offenses of:
  106         1. Bribery, burglary, criminal usury, extortion, gambling,
  107  kidnapping, larceny, murder, prostitution, perjury, robbery,
  108  carjacking, home-invasion robbery, and patient brokering;
  109         2. Any crime involving narcotic or other dangerous drugs;
  110         3. Any violation of the Florida RICO (Racketeer Influenced
  111  and Corrupt Organization) Act, including any offense listed in
  112  the definition of racketeering activity in s. 895.02(8)(a),
  113  providing such listed offense is investigated in connection with
  114  a violation of s. 895.03 and is charged in a separate count of
  115  an information or indictment containing a count charging a
  116  violation of s. 895.03, the prosecution of which listed offense
  117  may continue independently if the prosecution of the violation
  118  of s. 895.03 is terminated for any reason;
  119         4. Any violation of the Florida Anti-Fencing Act;
  120         5. Any violation of the Florida Antitrust Act of 1980, as
  121  amended;
  122         6. Any crime involving, or resulting in, fraud or deceit
  123  upon any person;
  124         7. Any violation of s. 847.0135, relating to computer
  125  pornography and child exploitation prevention, or any offense
  126  related to a violation of s. 847.0135 or any violation of
  127  chapter 827 where the crime is facilitated by or connected to
  128  the use of the Internet or any device capable of electronic data
  129  storage or transmission;
  130         8. Any violation of chapter 815;
  131         9. Any criminal violation of part I of chapter 499;
  132         10. Any violation of the Florida Motor Fuel Tax Relief Act
  133  of 2004;
  134         11. Any criminal violation of s. 409.920 or s. 409.9201;
  135         12. Any crime involving voter registration, voting, or
  136  candidate or issue petition activities;
  137         13. Any criminal violation of the Florida Money Laundering
  138  Act;
  139         14. Any criminal violation of the Florida Securities and
  140  Investor Protection Act; or
  141         15. Any violation of chapter 787, as well as any and all
  142  offenses related to a violation of chapter 787; or
  143         16.Any criminal violation of chapter 24, part II of
  144  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  145  849 referred to the Office of Statewide Prosecution by the
  146  Florida Gaming Control Commission;
  147  
  148  or any attempt, solicitation, or conspiracy to commit any of the
  149  crimes specifically enumerated above. The office shall have such
  150  power only when any such offense is occurring, or has occurred,
  151  in two or more judicial circuits as part of a related
  152  transaction, or when any such offense is connected with an
  153  organized criminal conspiracy affecting two or more judicial
  154  circuits. Informations or indictments charging such offenses
  155  shall contain general allegations stating the judicial circuits
  156  and counties in which crimes are alleged to have occurred or the
  157  judicial circuits and counties in which crimes affecting such
  158  circuits or counties are alleged to have been connected with an
  159  organized criminal conspiracy.
  160         Section 2. Section 16.71, Florida Statutes, is created to
  161  read:
  162         16.71Florida Gaming Control Commission; creation;
  163  meetings; membership.—
  164         (1)CREATION; MEETINGS.—
  165         (a)There is created within the Department of Legal
  166  Affairs, Office of the Attorney General, the Florida Gaming
  167  Control Commission, hereinafter referred to as the commission.
  168  The commission shall be a separate budget entity and the
  169  commissioners shall serve as the agency head. The commission’s
  170  exercise of executive powers in the area of planning, budgeting,
  171  personnel management, and purchasing shall be as provided by
  172  law.
  173         (b)The commission is not subject to control, supervision,
  174  or direction by the Department of Legal Affairs or the Attorney
  175  General in the performance of its duties, including, but not
  176  limited to, personnel, purchasing transactions involving real or
  177  personal property, and budgetary matters.
  178         (c)The commission shall convene at the call of its chair
  179  or at the request of a majority of the members of the
  180  commission. Meetings may be held via teleconference or other
  181  electronic means. Three members of the commission constitute a
  182  quorum, and the affirmative vote of the majority of a quorum is
  183  required for any action or recommendation by the commission.
  184  However, notwithstanding any other provision of law, the
  185  affirmative vote of three members is required to adopt a
  186  proposed rule, including an amendment to or repeal of an
  187  existing rule that meets or exceeds any of the criteria in s.
  188  120.54(3)(b)1. or s. 120.541(2)(a). The commission may meet in
  189  any city or county of the state.
  190         (2)MEMBERSHIP.—
  191         (a)The commission shall consist of five members appointed
  192  by the Governor, and subject to confirmation by the Senate, for
  193  terms of 4 years. Members of the commission must be appointed by
  194  January 1, 2022. The Governor shall consider appointees who
  195  reflect Florida’s racial, ethnic, and gender diversity. Of the
  196  initial five members appointed by the Governor, and immediately
  197  upon appointment, the Governor shall appoint one of the members
  198  as the initial chair and one of the members as the initial vice
  199  chair. The initial chair and initial vice chair shall serve a
  200  minimum of 2 years. At the end of the initial chair’s and
  201  initial vice chair’s terms, the commission shall elect one of
  202  the members of the commission as chair and one of the members of
  203  the commission as vice chair.
  204         1.For the purpose of providing staggered terms, of the
  205  initial appointments, two members shall be appointed to 4-year
  206  terms, two members shall be appointed to 3-year terms, and one
  207  member shall be appointed to a 2-year term.
  208         2.Of the five members, at least one member must have at
  209  least 10 years of experience in law enforcement and criminal
  210  investigations, at least one member must be a certified public
  211  accountant licensed in this state with at least 10 years of
  212  experience in accounting and auditing, and at least one member
  213  must be an attorney admitted and authorized to practice law in
  214  this state for at least the preceding 10 years.
  215         3.Of the five members, each appellate district shall have
  216  one member appointed from the district to the commission who is
  217  a resident of the district at the time of the original
  218  appointment.
  219         (b)A commissioner shall serve until a successor is
  220  appointed, but commissioners may not serve more than 12 years.
  221  Vacancies shall be filled for the unexpired portion of the term.
  222  The salary of each commissioner is equal to that paid under
  223  state law to a commissioner on the Florida Public Service
  224  Commission.
  225         (c)The Governor shall have the same power to remove or
  226  suspend commissioners as set forth in s. 7, Art. IV of the State
  227  Constitution. In addition to such power, the Governor may remove
  228  a member who is convicted of or found guilty of or has pled nolo
  229  contendere to, regardless of adjudication, in any jurisdiction,
  230  a misdemeanor that directly relates to gambling, dishonesty,
  231  theft, or fraud.
  232         (d)Upon the resignation or removal from office of a member
  233  of the commission, the Governor shall appoint a successor
  234  pursuant to paragraph (a) who, subject to confirmation by the
  235  Senate, shall serve the remainder of the unfinished term.
  236         (3)REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—
  237         (a)A person may not be appointed by the Governor to the
  238  commission until a level 2 background screening pursuant to
  239  chapter 435 is performed, the results are forwarded to the
  240  Governor, and the Governor determines that the person meets all
  241  the requirements for appointment under this section. However, a
  242  person who is prohibited from being appointed under s. 16.713
  243  may not be appointed by the Governor.
  244         (b)The Governor may not solicit or request any
  245  nominations, recommendations, or communications about potential
  246  candidates for appointment to the commission from:
  247         1.Any person that holds a permit or license issued under
  248  chapter 550, or a license issued under chapter 551 or chapter
  249  849; an officer, official, or employee of such permitholder or
  250  licensee; or an ultimate equitable owner, as defined in s.
  251  550.002(37), of such permitholder or licensee;
  252         2.Any officer, official, employee, or other person with
  253  duties or responsibilities relating to a gaming operation owned
  254  by an Indian tribe that has a valid and active compact with the
  255  state; a contractor or subcontractor of such tribe or an entity
  256  employed, licensed, or contracted by such tribe; or an ultimate
  257  equitable owner, as defined in s. 550.002(37), of such entity;
  258  or
  259         3.Any registered lobbyist for the executive or legislative
  260  branch who represents any person or entity identified in
  261  subparagraph 1. or subparagraph 2.
  262         (4)EXECUTIVE DIRECTOR.—
  263         (a)To aid the commission in its duties, the commission
  264  must appoint a person who is not a member of the commission to
  265  serve as the executive director of the commission. A person may
  266  not be appointed as executive director until a level 2
  267  background screening pursuant to chapter 435 is performed, the
  268  results are forwarded to the commission, and the commission
  269  determines that the person meets all the requirements for
  270  appointment as the executive director. The executive director
  271  shall supervise, direct, coordinate, and administer all
  272  activities necessary to fulfill the commission’s
  273  responsibilities. The commission must appoint the executive
  274  director by April 1, 2022.
  275         (b)The executive director, with the consent of the
  276  commission, shall employ such staff as are necessary to
  277  adequately perform the functions of the commission, within
  278  budgetary limitations.
  279         (c)The executive director shall maintain headquarters in
  280  and reside in Leon County.
  281         (d)The salary of the executive director is equal to that
  282  paid under state law to a commissioner on the Florida Public
  283  Service Commission.
  284         (5)INSPECTOR GENERAL.—The chair of the commission shall
  285  appoint an inspector general who shall perform the duties of an
  286  inspector general under s. 20.055.
  287         Section 3. Section 16.711, Florida Statutes, is created to
  288  read:
  289         16.711Division of Gaming Enforcement; creation; duties.—
  290         (1)There is created within the Florida Gaming Control
  291  Commission a Division of Gaming Enforcement. The Division of
  292  Gaming Enforcement shall be considered a criminal justice agency
  293  as defined in s. 943.045.
  294         (2)The commissioners shall appoint a director of the
  295  Division of Gaming Enforcement who is qualified by training and
  296  experience in law enforcement or security to supervise, direct,
  297  coordinate, and administer all activities of the division.
  298         (3)The director and all investigators employed by the
  299  division must meet the requirements for employment and
  300  appointment provided by s. 943.13 and must be certified as law
  301  enforcement officers as defined in s. 943.10(1). The director
  302  and such investigators shall be designated law enforcement
  303  officers and shall have the power to detect, apprehend, and
  304  arrest for any alleged violation of chapter 24, part II of
  305  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  306  849, or any rule adopted pursuant thereto, or any law of this
  307  state. Such law enforcement officers may enter upon any premises
  308  at which gaming activities are taking place in the state for the
  309  performance of their lawful duties and may take with them any
  310  necessary equipment, and such entry does not constitute a
  311  trespass. In any instance in which there is reason to believe
  312  that a violation has occurred, such officers have the authority,
  313  without warrant, to search and inspect any premises where the
  314  violation is alleged to have occurred or is occurring. Any such
  315  officer may, consistent with the United States and Florida
  316  Constitutions, seize or take possession of any papers, records,
  317  tickets, currency, or other items related to any alleged
  318  violation. Investigators employed by the commission shall also
  319  have access to, and shall have the right to inspect, premises
  320  licensed by the commission, to collect taxes and remit them to
  321  the officer entitled to them, and to examine the books and
  322  records of all persons licensed by the commission.
  323         (4)(a)The division and its investigators are specifically
  324  authorized to seize any contraband in accordance with the
  325  Florida Contraband Forfeiture Act. For purposes of this section,
  326  the term “contraband” has the same meaning as the term
  327  “contraband article” in s. 932.701(2)(a)2.
  328         (b)The division is specifically authorized to store and
  329  test any contraband that is seized in accordance with the
  330  Florida Contraband Forfeiture Act and may authorize any of its
  331  staff to implement this paragraph.
  332         (c)This subsection does not limit the authority of any
  333  other person authorized by law to seize contraband.
  334         (5)The Department of Law Enforcement shall provide
  335  assistance in obtaining criminal history information relevant to
  336  investigations required for honest, secure, and exemplary gaming
  337  operations, and such other assistance as may be requested by the
  338  executive director of the commission and agreed to by the
  339  executive director of the Department of Law Enforcement. Any
  340  other state agency, including the Department of Business and
  341  Professional Regulation and the Department of Revenue, shall,
  342  upon request, provide the commission with any information
  343  relevant to any investigation conducted pursuant to this
  344  section. The commission shall reimburse any agency for the
  345  actual cost of providing any assistance pursuant to this
  346  subsection.
  347         Section 4. Effective July 1, 2022, section 16.712, Florida
  348  Statutes, is created to read:
  349         16.712Florida Gaming Control Commission authorizations,
  350  duties, and responsibilities.—
  351         (1)The commission shall do all of the following:
  352         (a)Exercise all of the regulatory and executive powers of
  353  the state with respect to gambling, including, without
  354  limitation thereto, pari-mutuel wagering, cardrooms, slot
  355  machine facilities, oversight of gaming compacts executed by the
  356  state pursuant to the Federal Indian Gaming Regulatory Act, and
  357  any other forms of gambling authorized by the State Constitution
  358  or law, excluding games authorized by s. 15, Art. X of the State
  359  Constitution.
  360         (b)Establish procedures consistent with chapter 120 to
  361  ensure adequate due process in the exercise of its regulatory
  362  and executive functions.
  363         (c)Ensure that the laws of this state are not interpreted
  364  in any manner that expands the activities authorized in chapter
  365  24, part II of chapter 285, chapter 546, chapter 550, chapter
  366  551, or chapter 849.
  367         (d)Review the rules and regulations promulgated by the
  368  Seminole Tribal Gaming Commission for the operation of sports
  369  betting and propose to the Seminole Tribal Gaming Commission any
  370  additional consumer protection measures it deems appropriate.
  371  The proposed consumer protection measures may include, but are
  372  not limited to, the types of advertising and marketing conducted
  373  for sports betting, the types of procedures implemented to
  374  prohibit underage persons from engaging in sports betting, and
  375  the types of information, materials, and procedures needed to
  376  assist patrons with compulsive or addictive gambling problems.
  377         (e)Evaluate, as the state compliance agency or as the
  378  commission, information that is reported by sports governing
  379  bodies or other parties to the commission related to any
  380  abnormal betting activity or patterns that may indicate a
  381  concern about the integrity of a sports event or events; any
  382  other conduct with the potential to corrupt a betting outcome of
  383  a sports event for purposes of financial gain, including, but
  384  not limited to, match fixing; suspicious or illegal wagering
  385  activities, including the use of funds derived from illegal
  386  activity, wagers to conceal or launder funds derived from
  387  illegal activity, use of agents to place wagers, or use of false
  388  identification; and the use of data deemed unacceptable by the
  389  commission or the Seminole Tribal Gaming Commission, and provide
  390  reasonable notice to state and local law enforcement, the
  391  Seminole Tribal Gaming Commission, and any appropriate sports
  392  governing body of nonproprietary information that may warrant
  393  further investigation by such entities to ensure the integrity
  394  of wagering activities in the state.
  395         (f)Review any matter within the scope of the jurisdiction
  396  of the Division of Pari-mutuel Wagering.
  397         (g)Review the regulation of licensees, permitholders, or
  398  persons regulated by the Division of Pari-mutuel Wagering and
  399  the procedures used by the division to implement and enforce the
  400  law.
  401         (h)Review the procedures of the Division of Pari-mutuel
  402  Wagering which are used to qualify applicants applying for a
  403  license, permit, or registration.
  404         (i)Receive and review violations reported by a state or
  405  local law enforcement agency, the Department of Law Enforcement,
  406  the Department of Legal Affairs, the Department of Agriculture
  407  and Consumer Services, the Department of Business and
  408  Professional Regulation, the Department of the Lottery, the
  409  Seminole Tribe of Florida, or any person licensed under chapter
  410  24, part II of chapter 285, chapter 550, chapter 551, or chapter
  411  849 and determine whether such violation is appropriate for
  412  referral to the Office of Statewide Prosecution.
  413         (j)Refer criminal violations of chapter 24, part II of
  414  chapter 285, chapter 546, chapter 550, chapter 551, or chapter
  415  849 to the appropriate state attorney or to the Office of
  416  Statewide Prosecution, as applicable.
  417         (k)Exercise all other powers and perform any other duties
  418  prescribed by the Legislature.
  419         (2)(a)The commission may adopt rules to implement this
  420  section.
  421         (b)The commission may subpoena witnesses and compel their
  422  attendance and testimony, administer oaths and affirmations,
  423  take evidence, and require by subpoena the production of any
  424  books, papers, records, or other items relevant to the
  425  performance of the duties of the commission or to the exercise
  426  of its powers.
  427         (c)The commission may submit written recommendations to
  428  enhance the enforcement of gaming laws of the state to the
  429  Governor, the President of the Senate, and the Speaker of the
  430  House of Representatives.
  431         (3)By December 1 of each year, the commission shall make
  432  an annual report to the Governor, the President of the Senate,
  433  and the Speaker of the House of Representatives. The report
  434  must, at a minimum, include all of the following:
  435         (a)Recent events in the gaming industry, including pending
  436  litigation, pending facility license applications, and new and
  437  pending rules.
  438         (b)Actions of the commission relative to the
  439  implementation and administration of this section.
  440         (c)The state revenues and expenses associated with each
  441  form of authorized gaming. Revenues and expenses associated with
  442  pari-mutuel wagering shall be further delineated by the class of
  443  license.
  444         (d)The performance of each pari-mutuel wagering licensee,
  445  cardroom licensee, and slot licensee.
  446         (e)Actions of the commission as the state compliance
  447  agency, and financial information published by the Office of
  448  Economic and Demographic Research, relative to gaming activities
  449  authorized pursuant to s. 285.710(13).
  450         (f)A summary of disciplinary actions taken by the
  451  commission.
  452         (g)The receipts and disbursements of the commission.
  453         (h)A summary of actions taken and investigations conducted
  454  by the commission.
  455         (i)Any additional information and recommendations that the
  456  commission considers useful or that the Governor, the President
  457  of the Senate, or the Speaker of the House of Representatives
  458  requests.
  459         (4)The commission shall annually develop a legislative
  460  budget request pursuant to chapter 216. Such request is not
  461  subject to change by the Department of Legal Affairs or the
  462  Attorney General, but shall be submitted by the Department of
  463  Legal Affairs to the Governor for transmittal to the
  464  Legislature.
  465         (5)The commission is authorized to contract or consult
  466  with appropriate agencies of state government for such
  467  professional assistance as may be needed in the discharge of its
  468  duties.
  469         (6)The commission shall exercise all of its regulatory and
  470  executive powers and shall adopt, apply, construe, and interpret
  471  all laws and administrative rules in a manner consistent with
  472  the gaming compact ratified, approved, and described in s.
  473  285.710(3).
  474         (7)The commission shall confirm, prior to the issuance of
  475  an operating license, that each permitholder has submitted proof
  476  with their annual application for a license, in such a form as
  477  the commission may require, that the permitholder continues to
  478  possess the qualifications prescribed by chapter 550, and that
  479  the permit has not been disapproved by voters in an election.
  480         Section 5. Section 16.713, Florida Statutes, is created to
  481  read:
  482         16.713Florida Gaming Control Commission; appointment and
  483  employment restrictions.—
  484         (1)PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
  485  The following persons are ineligible for appointment to the
  486  commission:
  487         (a)A person who holds any office in a political party.
  488         (b)A person who within the previous 10 years has been
  489  convicted of or found guilty of or has pled nolo contendere to,
  490  regardless of adjudication, in any jurisdiction, any felony, or
  491  a misdemeanor that directly related to gambling, dishonesty,
  492  theft, or fraud.
  493         (c)A person who has been convicted of or found guilty of
  494  or pled nolo contendere to, regardless of adjudication, in any
  495  jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
  496         (d)A person who has had a license or permit issued under
  497  chapter 550, chapter 551, or chapter 849 or a gaming license
  498  issued by any other jurisdiction denied, suspended, or revoked.
  499         (2)PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
  500  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
  501  COMMISSION.—
  502         (a)A person may not, for the 2 years immediately preceding
  503  the date of appointment to or employment with the commission and
  504  while appointed to or employed with the commission:
  505         1.Hold a permit or license issued under chapter 550 or a
  506  license issued under chapter 551 or chapter 849; be an officer,
  507  official, or employee of such permitholder or licensee; or be an
  508  ultimate equitable owner, as defined in s. 550.002(37), of such
  509  permitholder or licensee;
  510         2.Be an officer, official, employee, or other person with
  511  duties or responsibilities relating to a gaming operation owned
  512  by an Indian tribe that has a valid and active compact with the
  513  state; be a contractor or subcontractor of such tribe or an
  514  entity employed, licensed, or contracted by such tribe; or be an
  515  ultimate equitable owner, as defined in s. 550.002(37), of such
  516  entity;
  517         3.Be or have been a member of the Legislature;
  518         4.Be a registered lobbyist for the executive or
  519  legislative branch, except while a commissioner when officially
  520  representing the commission; or
  521         5.Be a bingo game operator or an employee of a bingo game
  522  operator.
  523         (b)A person is ineligible for appointment to or employment
  524  with the commission if, within the 2 years immediately preceding
  525  such appointment or employment, he or she violated paragraph (a)
  526  or solicited or accepted employment with, acquired any direct or
  527  indirect interest in, or had any direct or indirect business
  528  association, partnership, or financial relationship with, or is
  529  a relative of:
  530         1.Any person or entity who is an applicant, licensee, or
  531  registrant with the Division of Pari-mutuel Wagering or the
  532  commission; or
  533         2.Any officer, official, employee, or other person with
  534  duties or responsibilities relating to a gaming operation owned
  535  by an Indian tribe that has a valid and active compact with the
  536  state; any contractor or subcontractor of such tribe or an
  537  entity employed, licensed, or contracted by such tribe; or any
  538  ultimate equitable owner, as defined in s. 550.002(37), of such
  539  entity.
  540         (c)A person who is ineligible for employment with the
  541  commission under paragraph (b) due to being a relative of a
  542  person listed under subparagraph (b)1. or subparagraph (b)2. may
  543  submit a waiver request to the commission for the person to be
  544  considered eligible for employment. The commission shall
  545  consider waiver requests on a case-by-case basis and shall
  546  approve or deny each request. If the commission approves the
  547  request, the person is eligible for employment with the
  548  commission. This paragraph does not apply to persons seeking
  549  appointment to the commission.
  550  
  551  For the purposes of this subsection, the term “relative” means a
  552  spouse, father, mother, son, daughter, grandfather, grandmother,
  553  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  554  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  555  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  556  stepbrother, stepsister, half-brother, or half-sister.
  557         (3)PERSONS INELIGIBLE FOR EMPLOYMENT WITH THE COMMISSION.—
  558         (a)A person is ineligible for employment with the
  559  commission if he or she has been convicted of or found guilty of
  560  or pled nolo contendere to, regardless of adjudication, in any
  561  jurisdiction, a felony within 5 years before the date of
  562  application; convicted of or found guilty of or pled nolo
  563  contendere to, regardless of adjudication, in any jurisdiction,
  564  a misdemeanor within 5 years before the date of application
  565  which the commission determines bears a close relationship to
  566  the duties and responsibilities of the position for which
  567  employment is sought; or dismissed from prior employment for
  568  gross misconduct or incompetence or intentionally making a false
  569  statement concerning a material fact in connection with the
  570  application for employment to the commission.
  571         (b)If an employee of the commission is charged with a
  572  felony while employed by the commission, the commission shall
  573  suspend the employee, with or without pay, and terminate
  574  employment with the commission upon conviction. If an employee
  575  of the commission is charged with a misdemeanor while employed
  576  by the commission, the commission shall suspend the employee,
  577  with or without pay, and may terminate employment with the
  578  commission upon conviction if the commission determines that the
  579  offense bears a close relationship to the duties and
  580  responsibilities of the position held with the commission.
  581         (4)NOTIFICATION REQUIREMENTS.—
  582         (a)A commissioner or an employee of the commission must
  583  notify the commission within 3 calendar days after arrest for
  584  any offense.
  585         (b)A commissioner or an employee must immediately provide
  586  detailed written notice of the circumstances to the commission
  587  if the member or employee is indicted, charged with, convicted
  588  of, pleads guilty or nolo contendere to, or forfeits bail for:
  589         1.A misdemeanor involving gambling, dishonesty, theft, or
  590  fraud;
  591         2.A violation of any law in any state, or a law of the
  592  United States or any other jurisdiction, involving gambling,
  593  dishonesty, theft, or fraud which would constitute a misdemeanor
  594  under the laws of this state; or
  595         3.A felony under the laws of this or any other state, the
  596  United States, or any other jurisdiction.
  597         Section 6. Section 16.714, Florida Statutes, is created to
  598  read:
  599         16.714 Florida Gaming Control Commission background
  600  screening requirements; investigations by the Division of Gaming
  601  Enforcement.—
  602         (1)LEVEL 2 BACKGROUND SCREENINGS.—The Department of Law
  603  Enforcement shall, at the request of the Division of Gaming
  604  Enforcement, perform a level 2 background screening pursuant to
  605  chapter 435 on an employee of the division and on any other
  606  employee of the commission for which the commission deems a
  607  level 2 background screening necessary, including applicants for
  608  employment. The commission shall reimburse the Department of Law
  609  Enforcement for the actual costs of such investigations.
  610         (2)LEVEL 1 BACKGROUND SCREENINGS.—The Department of Law
  611  Enforcement shall, at the request of the division, perform a
  612  level 1 background screening pursuant to chapter 435 on any
  613  employee of the commission, including applicants for employment,
  614  who is not listed in subsection (1).
  615         (3)INVESTIGATIONS.—The division shall conduct
  616  investigations of members and employees of the commission,
  617  including applicants for contract or employment, as are
  618  necessary to ensure the security and integrity of gaming
  619  operations in this state. The commission may require persons
  620  subject to such investigations to provide such information,
  621  including fingerprints, as is needed by the Department of Law
  622  Enforcement for processing or as is otherwise necessary to
  623  facilitate access to state and federal criminal history
  624  information.
  625         Section 7. Section 16.715, Florida Statutes, is created to
  626  read:
  627         16.715Florida Gaming Control Commission standards of
  628  conduct; ex parte communications.—
  629         (1)STANDARDS OF CONDUCT.—
  630         (a)In addition to the provisions of part III of chapter
  631  112, which is applicable to commissioners on and employees with
  632  the Florida Gaming Control Commission by virtue of their being
  633  public officers and public employees, the conduct of
  634  commissioners and employees shall be governed by the standards
  635  of conduct provided in this subsection. Nothing shall prohibit
  636  the standards of conduct from being more restrictive than part
  637  III of chapter 112. Further, this subsection may not be
  638  construed to contravene the restrictions of part III of chapter
  639  112. In the event of a conflict between this subsection and part
  640  III of chapter 112, the more restrictive provision shall apply.
  641         (b)1.A commissioner or employee of the commission may not
  642  accept anything from any business entity that, either directly
  643  or indirectly, owns or controls any person regulated by the
  644  commission or from any business entity that, either directly or
  645  indirectly, is an affiliate or subsidiary of any person
  646  regulated by the commission.
  647         2.A commissioner or an employee may attend conferences,
  648  along with associated meals and events that are generally
  649  available to all conference participants, without payment of any
  650  fees in addition to the conference fee. Additionally, while
  651  attending a conference, a commissioner or an employee may attend
  652  meetings, meals, or events that are not sponsored, in whole or
  653  in part, by any representative of any person regulated by the
  654  commission and that are limited to commissioners or employees
  655  only, committee members, or speakers if the commissioner or
  656  employee is a member of a committee of the association of
  657  regulatory agencies which organized the conference or is a
  658  speaker at the conference. It is not a violation of this
  659  subparagraph for a commissioner or an employee to attend a
  660  conference for which conference participants who are employed by
  661  a person regulated by the commission have paid a higher
  662  conference registration fee than the commissioner or employee,
  663  or to attend a meal or event that is generally available to all
  664  conference participants without payment of any fees in addition
  665  to the conference fee and that is sponsored, in whole or in
  666  part, by a person regulated by the commission.
  667         3.While employed, and for 2 years after service as a
  668  commissioner or for 2 years after employment with the
  669  commission, a commissioner or an employee may not accept any
  670  form of employment with or engage in any business activity with
  671  any business entity that, either directly or indirectly, owns or
  672  controls any person regulated by the commission; any person
  673  regulated by the commission; or any business entity that, either
  674  directly or indirectly, is an affiliate or subsidiary of any
  675  person regulated by the commission.
  676         4.While employed, and for 2 years after service as a
  677  commissioner or for 2 years after employment with the
  678  commission, a commissioner, an employee, or a relative living in
  679  the same household as a commissioner or an employee may not have
  680  any financial interest, other than shares in a mutual fund, in
  681  any person regulated by the commission; in any business entity
  682  that, either directly or indirectly, owns or controls any person
  683  regulated by the commission; or in any business entity that,
  684  either directly or indirectly, is an affiliate or a subsidiary
  685  of any person regulated by the commission. If a commissioner, an
  686  employee, or a relative living in the same household as a
  687  commissioner or an employee acquires any financial interest
  688  prohibited by this subsection during the commissioner’s term of
  689  office or the employee’s employment with the commission as a
  690  result of events or actions beyond the commissioner’s, the
  691  employee’s, or the relative’s control, he or she shall
  692  immediately sell such financial interest. For the purposes of
  693  this subsection, the term “relative” has the same meaning as in
  694  s. 16.713(2)(b).
  695         5.A commissioner or an employee may not accept anything
  696  from a party in a proceeding currently pending before the
  697  commission.
  698         6.A commissioner may not serve as the representative of
  699  any political party or on any executive committee or other
  700  governing body of a political party; serve as an executive
  701  officer or employee of any political party, committee,
  702  organization, or association; receive remuneration for
  703  activities on behalf of any candidate for public office; engage
  704  on behalf of any candidate for public office in the solicitation
  705  of votes or other activities on behalf of such candidacy; or
  706  become a candidate for election to any public office without
  707  first resigning from office.
  708         7.A commissioner, during his or her term of office, may
  709  not make any public comment regarding the merits of any
  710  proceeding under ss. 120.569 and 120.57 currently pending before
  711  the commission.
  712         8.A commissioner or an employee may not act in an
  713  unprofessional manner at any time during the performance of
  714  official duties.
  715         9.A commissioner or an employee must avoid impropriety in
  716  all activities and must act at all times in a manner that
  717  promotes public confidence in the integrity and impartiality of
  718  the commission.
  719         10.A commissioner or an employee may not directly or
  720  indirectly, through staff or other means, solicit anything of
  721  value from any person regulated by the commission, or from any
  722  business entity that, whether directly or indirectly, is an
  723  affiliate or a subsidiary of any person regulated by the
  724  commission, or from any party appearing in a proceeding
  725  considered by the commission in the last 2 years.
  726         11.A commissioner may not lobby the Governor or any agency
  727  of the state, members or employees of the Legislature, or any
  728  county or municipal government or governmental agency except to
  729  represent the commission in an official capacity.
  730  
  731  If, during the course of an investigation by the Commission on
  732  Ethics into an alleged violation of this paragraph, allegations
  733  are made as to the identity of the person giving or providing
  734  the prohibited thing, that person must be given notice and an
  735  opportunity to participate in the investigation and relevant
  736  proceedings to present a defense. If the Commission on Ethics
  737  determines that the person gave or provided a prohibited thing,
  738  the person may not appear before the commission or otherwise
  739  represent anyone before the commission for a period of 2 years.
  740         (c)A commissioner or an employee of the commission must
  741  annually complete at least 4 hours of ethics training that
  742  addresses, at a minimum, s. 8, Art. II of the State
  743  Constitution, the Code of Ethics for Public Officers and
  744  Employees, and the public records and public meetings laws of
  745  this state. This requirement may be satisfied by completion of a
  746  continuing legal education class or other continuing
  747  professional education class, seminar, or presentation, if the
  748  required subjects are covered.
  749         (d)The Commission on Ethics shall accept and investigate
  750  any alleged violations of this subsection pursuant to the
  751  procedures contained in ss. 112.322-112.3241. The Commission on
  752  Ethics shall provide the Governor, the President of the Senate,
  753  and the Speaker of the House of Representatives with a report of
  754  its findings and recommendations. The Governor is authorized to
  755  enforce the findings and recommendations of the Commission on
  756  Ethics, pursuant to part III of chapter 112. A commissioner or
  757  an employee of the commission may request an advisory opinion
  758  from the Commission on Ethics, pursuant to s. 112.322(3)(a),
  759  regarding the standards of conduct or prohibitions set forth in
  760  this section or s. 16.71.
  761         (e)A commissioner, an employee of the commission, or a
  762  relative living in the same household as a commissioner or an
  763  employee may not place a wager in any facility licensed by the
  764  commission or any facility in the state operated by an Indian
  765  tribe that has a valid and active compact with the state.
  766         (2)FORMER COMMISSIONERS AND EMPLOYEES.—
  767         (a)A commissioner, the executive director, and an employee
  768  of the commission may not personally represent another person or
  769  entity for compensation before the executive or legislative
  770  branch for a period of 2 years following the commissioner’s or
  771  executive director’s end of service or a period of 2 years
  772  following employment unless employed by another agency of state
  773  government.
  774         (b)A commissioner may not, for the 2 years immediately
  775  following the date of resignation or termination from the
  776  commission:
  777         1.Hold a permit or license issued under chapter 550, or a
  778  license issued under chapter 551 or chapter 849; be an officer,
  779  official, or employee of such permitholder or licensee; or be an
  780  ultimate equitable owner, as defined in s. 550.002(37), of such
  781  permitholder or licensee;
  782         2.Accept employment by or compensation from a business
  783  entity that, directly or indirectly, owns or controls a person
  784  regulated by the commission; from a person regulated by the
  785  commission; from a business entity which, directly or
  786  indirectly, is an affiliate or subsidiary of a person regulated
  787  by the commission; or from a business entity or trade
  788  association that has been a party to a commission proceeding
  789  within the 2 years preceding the member’s resignation or
  790  termination of service on the commission; or
  791         3.Be a bingo game operator or an employee of a bingo game
  792  operator.
  793         (c)A person employed by the commission may not, for the 2
  794  years immediately following the date of termination or
  795  resignation from employment with the commission:
  796         1.Hold a permit or license issued under chapter 550, or a
  797  license issued under chapter 551 or chapter 849; be an officer,
  798  official, or employee of such permitholder or licensee; or be an
  799  ultimate equitable owner, as defined in s. 550.002(37), of such
  800  permitholder or licensee; or
  801         2.Be a bingo game operator or an employee of a bingo game
  802  operator.
  803         (d)Any person violating paragraph (b) or paragraph (c)
  804  shall be subject to the penalties for violations of standards of
  805  conduct for public officers, employees of agencies, and local
  806  government attorneys provided in s. 112.317 and a civil penalty
  807  of an amount equal to the compensation that the person receives
  808  for the prohibited conduct.
  809         (3)EX PARTE COMMUNICATIONS.—
  810         (a)As used in this section, the term “ex parte
  811  communication” means any communication that:
  812         1.If it is a written or printed communication or is a
  813  communication in electronic form, is not served on all parties
  814  to a proceeding; or
  815         2.If it is an oral communication, is made without adequate
  816  notice to the parties and without an opportunity for the parties
  817  to be present and heard.
  818         (b)A commissioner may not initiate or consider ex parte
  819  communications concerning the merits, threat, or offer of reward
  820  in any proceeding that is currently pending before the
  821  commission. An individual may not discuss ex parte with a
  822  commissioner the merits, threat, or offer of reward regarding
  823  any issue in a proceeding that is pending before the commission.
  824  This paragraph does not apply to commission staff.
  825         (c)If a commissioner knowingly receives an ex parte
  826  communication relative to a proceeding to which the commissioner
  827  is assigned, the commissioner must place on the record of the
  828  proceeding copies of all written communications received, all
  829  written responses to the communications, and a memorandum
  830  stating the substance of all oral communications received and
  831  all oral responses made, and shall give written notice to all
  832  parties to the communication that such matters have been placed
  833  on the record. Any party who desires to respond to an ex parte
  834  communication may do so. The response must be received by the
  835  commission within 10 days after receiving notice that the ex
  836  parte communication has been placed on the record. The
  837  commissioner may, if deemed by such commissioner to be necessary
  838  to eliminate the effect of an ex parte communication, withdraw
  839  from the proceeding, in which case the chair shall substitute
  840  another commissioner for the proceeding.
  841         (d)Any individual who makes an ex parte communication
  842  shall submit to the commission a written statement describing
  843  the nature of such communication, to include the name of the
  844  person making the communication, the name of the commissioner or
  845  commissioners receiving the communication, copies of all written
  846  communications made, all written responses to such
  847  communications, and a memorandum stating the substance of all
  848  oral communications received and all oral responses made. The
  849  commission shall place on the record of a proceeding all such
  850  communications.
  851         (e)Any commissioner who knowingly fails to place on the
  852  record any such communications in violation of this subsection
  853  within 15 days after the date of such communication is subject
  854  to removal and may be assessed a civil penalty not to exceed
  855  $5,000.
  856         (f)1.It shall be the duty of the Commission on Ethics to
  857  receive and investigate sworn complaints of violations of this
  858  subsection pursuant to the procedures contained in ss. 112.322
  859  112.3241.
  860         2.If the Commission on Ethics finds that there has been a
  861  violation of this subsection by a commissioner, it shall provide
  862  the Governor, the President of the Senate, and the Speaker of
  863  the House of Representatives with a report of its findings and
  864  recommendations. The Governor is authorized to enforce the
  865  findings and recommendations of the Commission on Ethics,
  866  pursuant to part III of chapter 112, and to remove from office a
  867  commissioner who is found by the Commission on Ethics to have
  868  willfully and knowingly violated this subsection. The Governor
  869  shall remove from office a commissioner who is found by the
  870  Commission on Ethics to have willfully and knowingly violated
  871  this subsection after a previous finding by the Commission on
  872  Ethics that the commissioner willfully and knowingly violated
  873  this subsection in a separate matter.
  874         3.If a commissioner fails or refuses to pay the Commission
  875  on Ethics any civil penalties assessed pursuant to this
  876  subsection, the Commission on Ethics may bring an action in any
  877  circuit court to enforce such penalty.
  878         4.If, during the course of an investigation by the
  879  Commission on Ethics into an alleged violation of this
  880  subsection, allegations are made as to the identity of the
  881  person who participated in the ex parte communication, that
  882  person must be given notice and an opportunity to participate in
  883  the investigation and relevant proceedings to present a defense.
  884  If the Commission on Ethics determines that the person
  885  participated in the ex parte communication, the person may not
  886  appear before the commission or otherwise represent anyone
  887  before the commission for a period of 2 years.
  888         Section 8. Paragraphs (a) and (d) of subsection (1) of
  889  section 20.055, Florida Statutes, are amended, and subsection
  890  (2) of that section is republished, to read:
  891         20.055 Agency inspectors general.—
  892         (1) As used in this section, the term:
  893         (a) “Agency head” means the Governor, a Cabinet officer, or
  894  a secretary or executive director as those terms are defined in
  895  s. 20.03, the chair of the Public Service Commission, the
  896  Director of the Office of Insurance Regulation of the Financial
  897  Services Commission, the Director of the Office of Financial
  898  Regulation of the Financial Services Commission, the board of
  899  directors of the Florida Housing Finance Corporation, the
  900  executive director of the Office of Early Learning, the chair of
  901  the Florida Gaming Control Commission, and the Chief Justice of
  902  the State Supreme Court.
  903         (d) “State agency” means each department created pursuant
  904  to this chapter and the Executive Office of the Governor, the
  905  Department of Military Affairs, the Fish and Wildlife
  906  Conservation Commission, the Office of Insurance Regulation of
  907  the Financial Services Commission, the Office of Financial
  908  Regulation of the Financial Services Commission, the Public
  909  Service Commission, the Board of Governors of the State
  910  University System, the Florida Housing Finance Corporation, the
  911  Office of Early Learning, the Florida Gaming Control Commission,
  912  and the state courts system.
  913         (2) An office of inspector general is established in each
  914  state agency to provide a central point for coordination of and
  915  responsibility for activities that promote accountability,
  916  integrity, and efficiency in government. It is the duty and
  917  responsibility of each inspector general, with respect to the
  918  state agency in which the office is established, to:
  919         (a) Advise in the development of performance measures,
  920  standards, and procedures for the evaluation of state agency
  921  programs.
  922         (b) Assess the reliability and validity of the information
  923  provided by the state agency on performance measures and
  924  standards, and make recommendations for improvement, if
  925  necessary, before submission of such information pursuant to s.
  926  216.1827.
  927         (c) Review the actions taken by the state agency to improve
  928  program performance and meet program standards and make
  929  recommendations for improvement, if necessary.
  930         (d) Provide direction for, supervise, and coordinate
  931  audits, investigations, and management reviews relating to the
  932  programs and operations of the state agency, except that when
  933  the inspector general does not possess the qualifications
  934  specified in subsection (4), the director of auditing shall
  935  conduct such audits.
  936         (e) Conduct, supervise, or coordinate other activities
  937  carried out or financed by that state agency for the purpose of
  938  promoting economy and efficiency in the administration of, or
  939  preventing and detecting fraud and abuse in, its programs and
  940  operations.
  941         (f) Keep the agency head or, for state agencies under the
  942  jurisdiction of the Governor, the Chief Inspector General
  943  informed concerning fraud, abuses, and deficiencies relating to
  944  programs and operations administered or financed by the state
  945  agency, recommend corrective action concerning fraud, abuses,
  946  and deficiencies, and report on the progress made in
  947  implementing corrective action.
  948         (g) Ensure effective coordination and cooperation between
  949  the Auditor General, federal auditors, and other governmental
  950  bodies with a view toward avoiding duplication.
  951         (h) Review, as appropriate, rules relating to the programs
  952  and operations of such state agency and make recommendations
  953  concerning their impact.
  954         (i) Ensure that an appropriate balance is maintained
  955  between audit, investigative, and other accountability
  956  activities.
  957         (j) Comply with the General Principles and Standards for
  958  Offices of Inspector General as published and revised by the
  959  Association of Inspectors General.
  960         Section 9. Effective July 1, 2022, paragraph (g) of
  961  subsection (2) of section 20.165, Florida Statutes, is amended
  962  to read:
  963         20.165 Department of Business and Professional Regulation.
  964  There is created a Department of Business and Professional
  965  Regulation.
  966         (2) The following divisions of the Department of Business
  967  and Professional Regulation are established:
  968         (g) Division of Pari-mutuel Wagering.
  969         Section 10. Effective July 1, 2022, paragraph (f) of
  970  subsection (1) and subsection (7) of section 285.710, Florida
  971  Statutes, are amended to read:
  972         285.710 Compact authorization.—
  973         (1) As used in this section, the term:
  974         (f) “State compliance agency” means the Florida Gaming
  975  Control Commission Division of Pari-mutuel Wagering of the
  976  Department of Business and Professional Regulation which is
  977  designated as the state agency having the authority to carry out
  978  the state’s oversight responsibilities under the compact.
  979         (7) The Florida Gaming Control Commission The Division of
  980  Pari-mutuel Wagering of the Department of Business and
  981  Professional Regulation is designated as the state compliance
  982  agency having the authority to carry out the state’s oversight
  983  responsibilities under the compact authorized by this section.
  984         Section 11. (1)Effective July 1, 2022, all powers, duties,
  985  functions, records, offices, personnel, associated
  986  administrative support positions, property, pending issues,
  987  existing contracts, administrative authority, administrative
  988  rules, and unexpended balances of appropriations, allocations,
  989  and other funds in the Department of Business and Professional
  990  Regulation related to the oversight responsibilities by the
  991  state compliance agency for authorized gaming compacts under s.
  992  285.710, Florida Statutes, the regulation of pari-mutuel
  993  wagering under chapter 550, Florida Statutes, the regulation of
  994  slot machines and slot machine gaming under chapter 551, Florida
  995  Statutes, and the regulation of cardrooms under s. 849.086,
  996  Florida Statutes, are transferred by a type two transfer, as
  997  defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
  998  Control Commission within the Department of Legal Affairs,
  999  Office of the Attorney General.
 1000         (2) Notwithstanding chapter 60L-34, Florida Administrative
 1001  Code, or any law to the contrary, employees who are transferred
 1002  from the Department of Business and Professional Regulation to
 1003  the Florida Gaming Control Commission within the Department of
 1004  Legal Affairs, Office of the Attorney General, to fill positions
 1005  transferred by this act retain and transfer any accrued annual
 1006  leave, sick leave, and regular and special compensatory leave
 1007  balances.
 1008         (3)Effective July 1, 2022, the Pari-mutuel Wagering Trust
 1009  Fund under s. 455.116, Florida Statutes, is transferred from the
 1010  Department of Business and Professional Regulation to the
 1011  Florida Gaming Control Commission.
 1012         Section 12. Paragraph (a) of subsection (2) of section
 1013  932.701, Florida Statutes, is amended to read:
 1014         932.701 Short title; definitions.—
 1015         (2) As used in the Florida Contraband Forfeiture Act:
 1016         (a) “Contraband article” means:
 1017         1. Any controlled substance as defined in chapter 893 or
 1018  any substance, device, paraphernalia, or currency or other means
 1019  of exchange that was used, was attempted to be used, or was
 1020  intended to be used in violation of any provision of chapter
 1021  893, if the totality of the facts presented by the state is
 1022  clearly sufficient to meet the state’s burden of establishing
 1023  probable cause to believe that a nexus exists between the
 1024  article seized and the narcotics activity, whether or not the
 1025  use of the contraband article can be traced to a specific
 1026  narcotics transaction.
 1027         2. Any equipment, gambling device, apparatus, material of
 1028  gaming, proceeds, substituted proceeds, real or personal
 1029  property, Internet domain name, gambling paraphernalia, lottery
 1030  tickets, money, currency, or other means of exchange which was
 1031  obtained, received, used, was attempted to be used, or intended
 1032  to be used in violation of the gambling laws of the state,
 1033  including any violation of chapter 24, part II of chapter 285,
 1034  chapter 546, chapter 550, chapter 551, or chapter 849.
 1035         3. Any equipment, liquid or solid, which was being used, is
 1036  being used, was attempted to be used, or intended to be used in
 1037  violation of the beverage or tobacco laws of the state.
 1038         4. Any motor fuel upon which the motor fuel tax has not
 1039  been paid as required by law.
 1040         5. Any personal property, including, but not limited to,
 1041  any vessel, aircraft, item, object, tool, substance, device,
 1042  weapon, machine, vehicle of any kind, money, securities, books,
 1043  records, research, negotiable instruments, or currency, which
 1044  was used or was attempted to be used as an instrumentality in
 1045  the commission of, or in aiding or abetting in the commission
 1046  of, any felony, whether or not comprising an element of the
 1047  felony, or which is acquired by proceeds obtained as a result of
 1048  a violation of the Florida Contraband Forfeiture Act.
 1049         6. Any real property, including any right, title,
 1050  leasehold, or other interest in the whole of any lot or tract of
 1051  land, which was used, is being used, or was attempted to be used
 1052  as an instrumentality in the commission of, or in aiding or
 1053  abetting in the commission of, any felony, or which is acquired
 1054  by proceeds obtained as a result of a violation of the Florida
 1055  Contraband Forfeiture Act.
 1056         7. Any personal property, including, but not limited to,
 1057  equipment, money, securities, books, records, research,
 1058  negotiable instruments, currency, or any vessel, aircraft, item,
 1059  object, tool, substance, device, weapon, machine, or vehicle of
 1060  any kind in the possession of or belonging to any person who
 1061  takes aquaculture products in violation of s. 812.014(2)(c).
 1062         8. Any motor vehicle offered for sale in violation of s.
 1063  320.28.
 1064         9. Any motor vehicle used during the course of committing
 1065  an offense in violation of s. 322.34(9)(a).
 1066         10. Any photograph, film, or other recorded image,
 1067  including an image recorded on videotape, a compact disc,
 1068  digital tape, or fixed disk, that is recorded in violation of s.
 1069  810.145 and is possessed for the purpose of amusement,
 1070  entertainment, sexual arousal, gratification, or profit, or for
 1071  the purpose of degrading or abusing another person.
 1072         11. Any real property, including any right, title,
 1073  leasehold, or other interest in the whole of any lot or tract of
 1074  land, which is acquired by proceeds obtained as a result of
 1075  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
 1076  property, including, but not limited to, equipment, money,
 1077  securities, books, records, research, negotiable instruments, or
 1078  currency; or any vessel, aircraft, item, object, tool,
 1079  substance, device, weapon, machine, or vehicle of any kind in
 1080  the possession of or belonging to any person which is acquired
 1081  by proceeds obtained as a result of Medicaid fraud under s.
 1082  409.920 or s. 409.9201.
 1083         12. Any personal property, including, but not limited to,
 1084  any vehicle, item, object, tool, device, weapon, machine, money,
 1085  security, book, or record, that is used or attempted to be used
 1086  as an instrumentality in the commission of, or in aiding and
 1087  abetting in the commission of, a person’s third or subsequent
 1088  violation of s. 509.144, whether or not comprising an element of
 1089  the offense.
 1090         Section 13. The Division of Law Revision shall prepare a
 1091  reviser’s bill effective July 1, 2022, to replace references to
 1092  the Division of Pari-mutuel Wagering and references to the
 1093  Department of Business and Professional Regulation relating to
 1094  gaming with references to the Florida Gaming Control Commission
 1095  to conform the Florida Statutes to the transfer described in
 1096  section 11 of this act.
 1097         Section 14. (1)For the 2021-2022 fiscal year, the sum of
 1098  $2 million in nonrecurring funds from the General Revenue Fund
 1099  is appropriated and 15 positions with associated salary rate of
 1100  1,250,000 are authorized to the Florida Gaming Control
 1101  Commission for the purposes of implementing this act. These
 1102  funds shall support five commissioners, an executive director,
 1103  general counsel, and other agency personnel as needed. The funds
 1104  shall cover all expenditures of the commission, including, but
 1105  not limited to, salaries and benefits, travel, background
 1106  investigations, and fingerprinting fees.
 1107         (2)For the 2021-2022 fiscal year, the sum of $100,000 in
 1108  nonrecurring funds from the General Revenue Fund is appropriated
 1109  to the Department of Business and Professional Regulation for
 1110  administrative support related to the Florida Gaming Control
 1111  Commission. The Department of Business and Professional
 1112  Regulation shall provide administrative support to the Florida
 1113  Gaming Control Commission during the 2021-2022 fiscal year,
 1114  including, but not limited to, human resource management,
 1115  accounting, and budgeting.
 1116         Section 15. (1)The Department of Business and Professional
 1117  Regulation, in coordination with the Department of Legal Affairs
 1118  and the Department of Management Services, shall establish a
 1119  working group to prepare the Florida Gaming Control Commission’s
 1120  legislative budget request for fiscal year 2022-2023 to be
 1121  submitted by the Department of Business and Professional
 1122  Regulation. The working group shall develop estimates for the
 1123  amount of money needed for administration of the commission,
 1124  including, but not limited to, costs relating to overall
 1125  staffing and administrative support; infrastructure and office
 1126  space; integration of technology systems and data needs and
 1127  transfers; law enforcement accreditation, staffing, and
 1128  training; organizational structure; and other matters deemed
 1129  necessary or appropriate by the working group to assure the
 1130  seamless establishment of the commission and orderly transition
 1131  of the duties and responsibilities under the transfer described
 1132  in section 11 of this act.
 1133         (2)This section shall take effect upon this act becoming a
 1134  law.
 1135         Section 16. If any law amended by this act was also amended
 1136  by a law enacted during the 2021 Regular Session of the
 1137  Legislature, such laws shall be construed as if they had been
 1138  enacted during the same session of the Legislature, and full
 1139  effect shall be given to each if possible.
 1140         Section 17. Except as otherwise expressly provided in this
 1141  act and except for this section, which shall take effect upon
 1142  becoming a law, this act shall take effect on the same date that
 1143  SB 2A or similar legislation takes effect, if such legislation
 1144  is adopted in the same legislative session or an extension
 1145  thereof and becomes a law.