Florida Senate - 2022                                    SB 2510
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-02886-22                                          20222510__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Gaming Control
    3         Commission; amending s. 16.71, F.S.; deleting a
    4         requirement that a commissioner be appointed from each
    5         appellate district; requiring the commission to
    6         administer the Pari-mutuel Wagering Trust Fund;
    7         amending s. 16.713, F.S.; exempting certain state
    8         agency employees who are registered lobbyists from the
    9         prohibition against being appointed to or employed by
   10         the commission; amending s. 120.80, F.S.; exempting
   11         the commission from certain hearing and notice
   12         requirements; requiring the commission to adopt rules;
   13         deleting obsolete language; amending s. 455.116, F.S.;
   14         deleting obsolete language; amending s. 550.135, F.S.;
   15         deleting a provision requiring that a proportionate
   16         share of certain funds be used for certain purposes
   17         relating to the Department of Business and
   18         Professional Regulation; removing the requirement that
   19         certain funds be deposited in the General Revenue
   20         Fund; conforming provisions to changes made by the
   21         act; amending s. 551.106, F.S.; requiring the
   22         commission to evaluate slot license fees and make
   23         specified recommendations to the Legislature before a
   24         specified date; amending s. 849.094, F.S.; revising
   25         applicability for game promotions in connection with
   26         the sale of consumer products or services; amending
   27         ss. 550.0251, 550.24055, and 849.086, F.S.; conforming
   28         provisions; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (a) of subsection (2) of section
   33  16.71, Florida Statutes, is amended, and subsection (6) is added
   34  to that section, to read:
   35         16.71 Florida Gaming Control Commission; creation;
   36  meetings; membership.—
   37         (2) MEMBERSHIP.—
   38         (a) The commission shall consist of five members appointed
   39  by the Governor, and subject to confirmation by the Senate, for
   40  terms of 4 years. Members of the commission must be appointed by
   41  January 1, 2022. The Governor shall consider appointees who
   42  reflect Florida’s racial, ethnic, and gender diversity. Of the
   43  initial five members appointed by the Governor, and immediately
   44  upon appointment, the Governor shall appoint one of the members
   45  as the initial chair and one of the members as the initial vice
   46  chair. At the end of the initial chair’s and vice chair’s terms
   47  pursuant to subparagraph 1., the commission shall elect one of
   48  the members of the commission as chair and one of the members of
   49  the commission as vice chair.
   50         1. For the purpose of providing staggered terms, of the
   51  initial appointments, two members shall be appointed to 4-year
   52  terms, two members shall be appointed to 3-year terms, and one
   53  member shall be appointed to a 2-year term.
   54         2. Of the five members, at least one member must have at
   55  least 10 years of experience in law enforcement and criminal
   56  investigations, at least one member must be a certified public
   57  accountant licensed in this state with at least 10 years of
   58  experience in accounting and auditing, and at least one member
   59  must be an attorney admitted and authorized to practice law in
   60  this state for at least the preceding 10 years.
   61         3. Of the five members, each appellate district shall have
   62  one member appointed from the district to the commission who is
   63  a resident of the district at the time of the original
   64  appointment.
   65         (6) PARI-MUTUEL WAGERING TRUST FUND.—The commission shall
   66  administer the Pari-mutuel Wagering Trust Fund.
   67         Section 2. Paragraph (a) of subsection (2) of section
   68  16.713, Florida Statutes, is amended to read:
   69         16.713 Florida Gaming Control Commission; appointment and
   70  employment restrictions.—
   71         (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
   72  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
   73  COMMISSION.—
   74         (a) A person may not, for the 2 years immediately preceding
   75  the date of appointment to or employment with the commission and
   76  while appointed to or employed with the commission:
   77         1. Hold a permit or license issued under chapter 550 or a
   78  license issued under chapter 551 or chapter 849; be an officer,
   79  official, or employee of such permitholder or licensee; or be an
   80  ultimate equitable owner, as defined in s. 550.002(37), of such
   81  permitholder or licensee;
   82         2. Be an officer, official, employee, or other person with
   83  duties or responsibilities relating to a gaming operation owned
   84  by an Indian tribe that has a valid and active compact with the
   85  state; be a contractor or subcontractor of such tribe or an
   86  entity employed, licensed, or contracted by such tribe; or be an
   87  ultimate equitable owner, as defined in s. 550.002(37), of such
   88  entity;
   89         3. Be a registered lobbyist for the executive or
   90  legislative branch, except while a commissioner or employee of
   91  the commission when officially representing the commission or
   92  unless the person registered as a lobbyist for the executive or
   93  legislative branch while employed by a state agency as defined
   94  in s. 110.107 during the normal course of his or her employment
   95  with such agency and he or she has not lobbied on behalf of any
   96  entity other than a state agency during the 2 years immediately
   97  preceding the date of his or her appointment to or employment
   98  with the commission; or
   99         4. Be a bingo game operator or an employee of a bingo game
  100  operator.
  101  
  102  For the purposes of this subsection, the term “relative” means a
  103  spouse, father, mother, son, daughter, grandfather, grandmother,
  104  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  105  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  106  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  107  stepbrother, stepsister, half-brother, or half-sister.
  108         Section 3. Subsection (4) of section 120.80, Florida
  109  Statutes, is amended, and subsection (19) is added to that
  110  section, to read:
  111         120.80 Exceptions and special requirements; agencies.—
  112         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  113         (a)Business regulation.—The Division of Pari-mutuel
  114  Wagering is exempt from the hearing and notice requirements of
  115  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  116  boards of judges when the hearing is to be held for the purpose
  117  of the imposition of fines or suspensions as provided by rules
  118  of the Division of Pari-mutuel Wagering, but not for
  119  revocations, and only upon violations of subparagraphs 1.-6. The
  120  Division of Pari-mutuel Wagering shall adopt rules establishing
  121  alternative procedures, including a hearing upon reasonable
  122  notice, for the following violations:
  123         1. Horse riding, harness riding, greyhound interference,
  124  and jai alai game actions in violation of chapter 550.
  125         2. Application and usage of drugs and medication to horses,
  126  greyhounds, and jai alai players in violation of chapter 550.
  127         3. Maintaining or possessing any device which could be used
  128  for the injection or other infusion of a prohibited drug to
  129  horses, greyhounds, and jai alai players in violation of chapter
  130  550.
  131         4. Suspensions under reciprocity agreements between the
  132  Division of Pari-mutuel Wagering and regulatory agencies of
  133  other states.
  134         5. Assault or other crimes of violence on premises licensed
  135  for pari-mutuel wagering.
  136         6. Prearranging the outcome of any race or game.
  137         (b) Professional regulation.Notwithstanding s.
  138  120.57(1)(a), formal hearings may not be conducted by the
  139  Secretary of Business and Professional Regulation or a board or
  140  member of a board within the Department of Business and
  141  Professional Regulation for matters relating to the regulation
  142  of professions, as defined by chapter 455.
  143         (19)FLORIDA GAMING CONTROL COMMISSION.—The Florida Gaming
  144  Control Commission is exempt from the hearing and notice
  145  requirements of ss. 120.569 and 120.57(1)(a), but only for
  146  stewards, judges, and boards of judges when the hearing is to be
  147  held for the purpose of the imposition of fines or suspensions
  148  as provided by rules of the commission, but not for revocations,
  149  and only upon violations of paragraphs (a)-(f). The commission
  150  shall adopt rules establishing alternative procedures, including
  151  a hearing upon reasonable notice, for the following violations:
  152         (a) Horse riding, harness riding, and jai alai game actions
  153  in violation of chapter 550.
  154         (b)Application and usage of drugs and medication to horses
  155  and jai alai players in violation of chapter 550.
  156         (c) Maintaining or possessing any device which could be
  157  used for the injection or other infusion of a prohibited drug to
  158  horses and jai alai players in violation of chapter 550.
  159         (d) Suspensions under reciprocity agreements between the
  160  commission and regulatory agencies of other states.
  161         (e) Assault or other crimes of violence on premises
  162  licensed for pari-mutuel wagering.
  163         (f) Prearranging the outcome of any race or game.
  164         Section 4. Subsection (6) of section 455.116, Florida
  165  Statutes, is amended to read:
  166         455.116 Regulation trust funds.—The following trust funds
  167  shall be placed in the department:
  168         (6) Pari-mutuel Wagering Trust Fund.
  169         Section 5. Section 550.135, Florida Statutes, is amended to
  170  read:
  171         550.135 Division of moneys derived under this law.—All
  172  moneys that are deposited with the Chief Financial Officer to
  173  the credit of the Pari-mutuel Wagering Trust Fund shall be
  174  distributed as follows:
  175         (1) The daily license fee revenues collected pursuant to s.
  176  550.0951(1) shall be used to fund the operating cost of the
  177  commission division and to provide a proportionate share of the
  178  operation of the office of the secretary and the Division of
  179  Administration of the Department of Business and Professional
  180  Regulation; however, other collections in the Pari-mutuel
  181  Wagering Trust Fund may also be used to fund the operation of
  182  the commission division in accordance with authorized
  183  appropriations.
  184         (2) All unappropriated funds in excess of $1.5 million in
  185  the Pari-mutuel Wagering Trust Fund, collected pursuant to this
  186  chapter, shall be deposited with the Chief Financial Officer to
  187  the credit of the General Revenue Fund.
  188         (3) The slot machine license fee, the slot machine
  189  occupational license fee, and the compulsive or addictive
  190  gambling prevention program fee collected pursuant to ss.
  191  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
  192  direct and indirect operating expenses of the commission’s
  193  division’s slot machine regulation operations and to provide
  194  funding for relevant enforcement activities in accordance with
  195  authorized appropriations. Funds deposited into the Pari-mutuel
  196  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
  197  and 551.118 shall be reserved in the trust fund for slot machine
  198  regulation operations. On June 30, any unappropriated funds in
  199  excess of those necessary for incurred obligations and
  200  subsequent year cash flow for slot machine regulation operations
  201  shall be deposited with the Chief Financial Officer to the
  202  credit of the General Revenue Fund.
  203         Section 6. Paragraph (b) of subsection (1) of section
  204  551.106, Florida Statutes, is amended to read:
  205         551.106 License fee; tax rate; penalties.—
  206         (1) LICENSE FEE.—
  207         (b) Before Prior to January 1, 2026 2007, the commission
  208  division shall evaluate the license fee and shall make
  209  recommendations to the President of the Senate and the Speaker
  210  of the House of Representatives regarding the optimum level of
  211  slot machine license fees in order to adequately support the
  212  slot machine regulatory program.
  213         Section 7. Subsection (10) of section 849.094, Florida
  214  Statutes, is amended to read:
  215         849.094 Game promotion in connection with sale of consumer
  216  products or services.—
  217         (10) This section does not apply to actions or transactions
  218  regulated by the Department of Business and Professional
  219  Regulation or the Florida Gaming Control Commission or to the
  220  activities of nonprofit organizations or to any other
  221  organization engaged in any enterprise other than the sale of
  222  consumer products or services. Subsections (3), (4), (5), (6),
  223  and (7) and paragraph (8)(a) and any of the rules made pursuant
  224  thereto do not apply to television or radio broadcasting
  225  companies licensed by the Federal Communications Commission.
  226         Section 8. Subsection (5) of section 550.0251, Florida
  227  Statutes, is amended to read:
  228         550.0251 The powers and duties of the Florida Gaming
  229  Control Commission Division of Pari-mutuel Wagering of the
  230  Department of Business and Professional Regulation.—The
  231  commission division shall administer this chapter and regulate
  232  the pari-mutuel industry under this chapter and the rules
  233  adopted pursuant thereto, and:
  234         (5) The commission division may adopt rules establishing
  235  procedures for testing occupational licenseholders officiating
  236  at or participating in any race or game at any pari-mutuel
  237  facility under the jurisdiction of the commission division for a
  238  controlled substance or alcohol and may prescribe procedural
  239  matters not in conflict with s. 120.80(19) s. 120.80(4)(a).
  240         Section 9. Subsection (4) of section 550.24055, Florida
  241  Statutes, is amended to read:
  242         550.24055 Use of controlled substances or alcohol
  243  prohibited; testing of certain occupational licensees; penalty;
  244  evidence of test or action taken and admissibility for criminal
  245  prosecution limited.—
  246         (4) The provisions of s. 120.80(19) s. 120.80(4)(a) apply
  247  to all actions taken by the stewards, judges, or board of judges
  248  pursuant to this section without regard to the limitation
  249  contained therein.
  250         Section 10. Paragraph (g) of subsection (13) of section
  251  849.086, Florida Statutes, is amended to read:
  252         849.086 Cardrooms authorized.—
  253         (13) TAXES AND OTHER PAYMENTS.—
  254         (g) All of the moneys deposited in the Pari-mutuel Wagering
  255  Trust Fund, except as set forth in paragraph (h), shall be
  256  utilized and distributed in the manner specified in s.
  257  550.135(1) and (2). However, cardroom tax revenues shall be kept
  258  separate from pari-mutuel tax revenues and shall not be used for
  259  making the disbursement to counties provided in former s.
  260  550.135(1).
  261         Section 11. This act shall take effect July 1, 2022.