SB 2510                                          First Engrossed
       
       
       
       
       
       
       
       
       20222510e1
       
    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; deleting provisions requiring that certain funds
   21         be used or reserved to fund slot machine regulation
   22         operations; conforming provisions to changes made by
   23         the act; amending s. 551.106, F.S.; requiring the
   24         commission to evaluate slot license fees and make
   25         specified recommendations to the Legislature before a
   26         specified date; amending s. 849.094, F.S.; revising
   27         applicability for game promotions in connection with
   28         the sale of consumer products or services; amending
   29         ss. 550.0251, 550.24055, and 849.086, F.S.; conforming
   30         provisions; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraph (a) of subsection (2) of section
   35  16.71, Florida Statutes, is amended, and subsection (6) is added
   36  to that section, to read:
   37         16.71 Florida Gaming Control Commission; creation;
   38  meetings; membership.—
   39         (2) MEMBERSHIP.—
   40         (a) The commission shall consist of five members appointed
   41  by the Governor, and subject to confirmation by the Senate, for
   42  terms of 4 years. Members of the commission must be appointed by
   43  January 1, 2022. The Governor shall consider appointees who
   44  reflect Florida’s racial, ethnic, and gender diversity. Of the
   45  initial five members appointed by the Governor, and immediately
   46  upon appointment, the Governor shall appoint one of the members
   47  as the initial chair and one of the members as the initial vice
   48  chair. At the end of the initial chair’s and vice chair’s terms
   49  pursuant to subparagraph 1., the commission shall elect one of
   50  the members of the commission as chair and one of the members of
   51  the commission as vice chair.
   52         1. For the purpose of providing staggered terms, of the
   53  initial appointments, two members shall be appointed to 4-year
   54  terms, two members shall be appointed to 3-year terms, and one
   55  member shall be appointed to a 2-year term.
   56         2. Of the five members, at least one member must have at
   57  least 10 years of experience in law enforcement and criminal
   58  investigations, at least one member must be a certified public
   59  accountant licensed in this state with at least 10 years of
   60  experience in accounting and auditing, and at least one member
   61  must be an attorney admitted and authorized to practice law in
   62  this state for at least the preceding 10 years.
   63         3. Of the five members, each appellate district shall have
   64  one member appointed from the district to the commission who is
   65  a resident of the district at the time of the original
   66  appointment.
   67         (6) PARI-MUTUEL WAGERING TRUST FUND.—The commission shall
   68  administer the Pari-mutuel Wagering Trust Fund.
   69         Section 2. Paragraph (a) of subsection (2) of section
   70  16.713, Florida Statutes, is amended to read:
   71         16.713 Florida Gaming Control Commission; appointment and
   72  employment restrictions.—
   73         (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
   74  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
   75  COMMISSION.—
   76         (a) A person may not, for the 2 years immediately preceding
   77  the date of appointment to or employment with the commission and
   78  while appointed to or employed with the commission:
   79         1. Hold a permit or license issued under chapter 550 or a
   80  license issued under chapter 551 or chapter 849; be an officer,
   81  official, or employee of such permitholder or licensee; or be an
   82  ultimate equitable owner, as defined in s. 550.002(37), of such
   83  permitholder or licensee;
   84         2. Be an officer, official, employee, or other person with
   85  duties or responsibilities relating to a gaming operation owned
   86  by an Indian tribe that has a valid and active compact with the
   87  state; be a contractor or subcontractor of such tribe or an
   88  entity employed, licensed, or contracted by such tribe; or be an
   89  ultimate equitable owner, as defined in s. 550.002(37), of such
   90  entity;
   91         3. Be a registered lobbyist for the executive or
   92  legislative branch, except while a commissioner or employee of
   93  the commission when officially representing the commission or
   94  unless the person registered as a lobbyist for the executive or
   95  legislative branch while employed by a state agency as defined
   96  in s. 110.107 during the normal course of his or her employment
   97  with such agency and he or she has not lobbied on behalf of any
   98  entity other than a state agency during the 2 years immediately
   99  preceding the date of his or her appointment to or employment
  100  with the commission; or
  101         4. Be a bingo game operator or an employee of a bingo game
  102  operator.
  103  
  104  For the purposes of this subsection, the term “relative” means a
  105  spouse, father, mother, son, daughter, grandfather, grandmother,
  106  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  107  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  108  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  109  stepbrother, stepsister, half-brother, or half-sister.
  110         Section 3. Subsection (4) of section 120.80, Florida
  111  Statutes, is amended, and subsection (19) is added to that
  112  section, to read:
  113         120.80 Exceptions and special requirements; agencies.—
  114         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  115         (a)Business regulation.—The Division of Pari-mutuel
  116  Wagering is exempt from the hearing and notice requirements of
  117  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  118  boards of judges when the hearing is to be held for the purpose
  119  of the imposition of fines or suspensions as provided by rules
  120  of the Division of Pari-mutuel Wagering, but not for
  121  revocations, and only upon violations of subparagraphs 1.-6. The
  122  Division of Pari-mutuel Wagering shall adopt rules establishing
  123  alternative procedures, including a hearing upon reasonable
  124  notice, for the following violations:
  125         1. Horse riding, harness riding, greyhound interference,
  126  and jai alai game actions in violation of chapter 550.
  127         2. Application and usage of drugs and medication to horses,
  128  greyhounds, and jai alai players in violation of chapter 550.
  129         3. Maintaining or possessing any device which could be used
  130  for the injection or other infusion of a prohibited drug to
  131  horses, greyhounds, and jai alai players in violation of chapter
  132  550.
  133         4. Suspensions under reciprocity agreements between the
  134  Division of Pari-mutuel Wagering and regulatory agencies of
  135  other states.
  136         5. Assault or other crimes of violence on premises licensed
  137  for pari-mutuel wagering.
  138         6. Prearranging the outcome of any race or game.
  139         (b) Professional regulation.Notwithstanding s.
  140  120.57(1)(a), formal hearings may not be conducted by the
  141  Secretary of Business and Professional Regulation or a board or
  142  member of a board within the Department of Business and
  143  Professional Regulation for matters relating to the regulation
  144  of professions, as defined by chapter 455.
  145         (19)FLORIDA GAMING CONTROL COMMISSION.—The Florida Gaming
  146  Control Commission is exempt from the hearing and notice
  147  requirements of ss. 120.569 and 120.57(1)(a), but only for
  148  stewards, judges, and boards of judges when the hearing is to be
  149  held for the purpose of the imposition of fines or suspensions
  150  as provided by rules of the commission, but not for revocations,
  151  and only upon violations of paragraphs (a)-(f). The commission
  152  shall adopt rules establishing alternative procedures, including
  153  a hearing upon reasonable notice, for the following violations:
  154         (a) Horse riding, harness riding, and jai alai game actions
  155  in violation of chapter 550.
  156         (b)Application and usage of drugs and medication to horses
  157  and jai alai players in violation of chapter 550.
  158         (c) Maintaining or possessing any device which could be
  159  used for the injection or other infusion of a prohibited drug to
  160  horses and jai alai players in violation of chapter 550.
  161         (d) Suspensions under reciprocity agreements between the
  162  commission and regulatory agencies of other states.
  163         (e) Assault or other crimes of violence on premises
  164  licensed for pari-mutuel wagering.
  165         (f) Prearranging the outcome of any race or game.
  166         Section 4. Subsection (6) of section 455.116, Florida
  167  Statutes, is amended to read:
  168         455.116 Regulation trust funds.—The following trust funds
  169  shall be placed in the department:
  170         (6) Pari-mutuel Wagering Trust Fund.
  171         Section 5. Section 550.135, Florida Statutes, is amended to
  172  read:
  173         550.135 Division of moneys derived under this law.—All
  174  moneys that are deposited with the Chief Financial Officer to
  175  the credit of the Pari-mutuel Wagering Trust Fund shall be
  176  distributed as follows:
  177         (1) The daily license fee revenues collected pursuant to s.
  178  550.0951(1) shall be used to fund the operating cost of the
  179  commission division and to provide a proportionate share of the
  180  operation of the office of the secretary and the Division of
  181  Administration of the Department of Business and Professional
  182  Regulation; however, other collections in the Pari-mutuel
  183  Wagering Trust Fund may also be used to fund the operation of
  184  the commission division in accordance with authorized
  185  appropriations.
  186         (2) All unappropriated funds in excess of $1.5 million in
  187  the Pari-mutuel Wagering Trust Fund, collected pursuant to this
  188  chapter, shall be deposited with the Chief Financial Officer to
  189  the credit of the General Revenue Fund.
  190         (3) The slot machine license fee, the slot machine
  191  occupational license fee, and the compulsive or addictive
  192  gambling prevention program fee collected pursuant to ss.
  193  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
  194  direct and indirect operating expenses of the commission’s
  195  division’s slot machine regulation operations and to provide
  196  funding for relevant enforcement activities in accordance with
  197  authorized appropriations. Funds deposited into the Pari-mutuel
  198  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
  199  and 551.118 shall be reserved in the trust fund for slot machine
  200  regulation operations. On June 30, any unappropriated funds in
  201  excess of those necessary for incurred obligations and
  202  subsequent year cash flow for slot machine regulation operations
  203  shall be deposited with the Chief Financial Officer to the
  204  credit of the General Revenue Fund.
  205         Section 6. Paragraph (b) of subsection (1) of section
  206  551.106, Florida Statutes, is amended to read:
  207         551.106 License fee; tax rate; penalties.—
  208         (1) LICENSE FEE.—
  209         (b) Before Prior to January 1, 2026 2007, the commission
  210  division shall evaluate the license fee and shall make
  211  recommendations to the President of the Senate and the Speaker
  212  of the House of Representatives regarding the optimum level of
  213  slot machine license fees in order to adequately support the
  214  slot machine regulatory program.
  215         Section 7. Subsection (10) of section 849.094, Florida
  216  Statutes, is amended to read:
  217         849.094 Game promotion in connection with sale of consumer
  218  products or services.—
  219         (10) This section does not apply to actions or transactions
  220  regulated by the Department of Business and Professional
  221  Regulation or the Florida Gaming Control Commission or to the
  222  activities of nonprofit organizations or to any other
  223  organization engaged in any enterprise other than the sale of
  224  consumer products or services. Subsections (3), (4), (5), (6),
  225  and (7) and paragraph (8)(a) and any of the rules made pursuant
  226  thereto do not apply to television or radio broadcasting
  227  companies licensed by the Federal Communications Commission.
  228         Section 8. Subsection (5) of section 550.0251, Florida
  229  Statutes, is amended to read:
  230         550.0251 The powers and duties of the Florida Gaming
  231  Control Commission Division of Pari-mutuel Wagering of the
  232  Department of Business and Professional Regulation.—The
  233  commission division shall administer this chapter and regulate
  234  the pari-mutuel industry under this chapter and the rules
  235  adopted pursuant thereto, and:
  236         (5) The commission division may adopt rules establishing
  237  procedures for testing occupational licenseholders officiating
  238  at or participating in any race or game at any pari-mutuel
  239  facility under the jurisdiction of the commission division for a
  240  controlled substance or alcohol and may prescribe procedural
  241  matters not in conflict with s. 120.80(19) s. 120.80(4)(a).
  242         Section 9. Subsection (4) of section 550.24055, Florida
  243  Statutes, is amended to read:
  244         550.24055 Use of controlled substances or alcohol
  245  prohibited; testing of certain occupational licensees; penalty;
  246  evidence of test or action taken and admissibility for criminal
  247  prosecution limited.—
  248         (4) The provisions of s. 120.80(19) s. 120.80(4)(a) apply
  249  to all actions taken by the stewards, judges, or board of judges
  250  pursuant to this section without regard to the limitation
  251  contained therein.
  252         Section 10. Paragraph (g) of subsection (13) of section
  253  849.086, Florida Statutes, is amended to read:
  254         849.086 Cardrooms authorized.—
  255         (13) TAXES AND OTHER PAYMENTS.—
  256         (g) All of the moneys deposited in the Pari-mutuel Wagering
  257  Trust Fund, except as set forth in paragraph (h), shall be
  258  utilized and distributed in the manner specified in s.
  259  550.135(1) and (2). However, cardroom tax revenues shall be kept
  260  separate from pari-mutuel tax revenues and shall not be used for
  261  making the disbursement to counties provided in former s.
  262  550.135(1).
  263         Section 11. This act shall take effect July 1, 2022.