Bill Text: FL S0004 | 2021 | 1st Special Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Gaming Enforcement
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-08 - Chapter No. 2021-269, companion bill(s) passed, see CS/SB 2-A (Ch. 2021-268), SB 6-A (Ch. 2021-270) [S0004 Detail]
Download: Florida-2021-S0004-Comm_Sub.html
Bill Title: Gaming Enforcement
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-08 - Chapter No. 2021-269, companion bill(s) passed, see CS/SB 2-A (Ch. 2021-268), SB 6-A (Ch. 2021-270) [S0004 Detail]
Download: Florida-2021-S0004-Comm_Sub.html
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;or141 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 16.71 Florida 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 16.711 Division 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 16.712 Florida 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 16.713 Florida 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 16.715 Florida 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 CommissionDivision of Pari-mutuel Wagering of the976Department of Business and Professional Regulationwhich 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 CommissionThe Division of980Pari-mutuel Wagering of the Department of Business and981Professional Regulationis 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,wasattempted 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.