Bill Text: FL S2510 | 2022 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Florida Gaming Control Commission
Spectrum: Committee Bill
Status: (Passed) 2022-06-09 - Chapter No. 2022-179 [S2510 Detail]
Download: Florida-2022-S2510-Prefiled.html
Bill Title: Florida Gaming Control Commission
Spectrum: Committee Bill
Status: (Passed) 2022-06-09 - Chapter No. 2022-179 [S2510 Detail]
Download: Florida-2022-S2510-Prefiled.html
Florida Senate - 2022 (PROPOSED BILL) SPB 2510 FOR CONSIDERATION By the Committee on Appropriations 576-02557-22 20222510pb 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. 613. Of the five members, each appellate district shall have62one member appointed from the district to the commission who is63a resident of the district at the time of the original64appointment.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-mutuel114Wagering is exempt from the hearing and notice requirements of115ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and116boards of judges when the hearing is to be held for the purpose117of the imposition of fines or suspensions as provided by rules118of the Division of Pari-mutuel Wagering, but not for119revocations, and only upon violations of subparagraphs 1.-6. The120Division of Pari-mutuel Wagering shall adopt rules establishing121alternative procedures, including a hearing upon reasonable122notice, for the following violations:1231. Horse riding, harness riding, greyhound interference,124and jai alai game actions in violation of chapter 550.1252. Application and usage of drugs and medication to horses,126greyhounds, and jai alai players in violation of chapter 550.1273. Maintaining or possessing any device which could be used128for the injection or other infusion of a prohibited drug to129horses, greyhounds, and jai alai players in violation of chapter130550.1314. Suspensions under reciprocity agreements between the132Division of Pari-mutuel Wagering and regulatory agencies of133other states.1345. Assault or other crimes of violence on premises licensed135for pari-mutuel wagering.1366. 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 commissiondivisionand to provide a proportionate share of the178operation of the office of the secretary and the Division of179Administration of the Department of Business and Professional180Regulation; however, other collections in the Pari-mutuel 181 Wagering Trust Fund may also be used to fund the operation of 182 the commissiondivisionin accordance with authorized 183 appropriations. 184 (2)All unappropriated funds in excess of $1.5 million in185the Pari-mutuel Wagering Trust Fund, collected pursuant to this186chapter, shall be deposited with the Chief Financial Officer to187the 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 193division’sslot 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 in199excess of those necessary for incurred obligations and200subsequent year cash flow for slot machine regulation operations201shall be deposited with the Chief Financial Officer to the202credit 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) BeforePrior toJanuary 1, 20262007, the commission 208divisionshall 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 CommissionDivision of Pari-mutuel Wagering of the230Department of Business and Professional Regulation.—The 231 commissiondivisionshall administer this chapter and regulate 232 the pari-mutuel industry under this chapter and the rules 233 adopted pursuant thereto, and: 234 (5) The commissiondivisionmay 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 commissiondivisionfor 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.