Senate Bill 2510 (2022) — Florida Gaming Control Commission

SB 2510

Florida Bills

Florida Senate - 2022 SB 2510 By the Committee on Appropriations 576-02886-22 20222510__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Florida Gaming Control 2 Commission; amending s. 16.71, F.S.; deleting a 3 requirement that a commissioner be appointed from each 4 appellate district; requiring the commission to 5 administer the Pari-mutuel Wagering Trust Fund; 6 amending s. 16.713, F.S.; exempting certain state 7 agency employees who are registered lobbyists from the 8 prohibition against being appointed to or employed by 9 the commission; amending s. 120.80, F.S.; exempting 10 the commission from certain hearing and notice 11 requirements; requiring the commission to adopt rules; 12 deleting obsolete language; amending s. 455.116, F.S.; 13 deleting obsolete language; amending s. 550.135, F.S.; 14 deleting a provision requiring that a proportionate 15 share of certain funds be used for certain purposes 16 relating to the Department of Business and 17 Professional Regulation; removing the requirement that 18 certain funds be deposited in the General Revenue 19 Fund; conforming provisions to changes made by the 20 act; amending s. 551.106, F.S.; requiring the 21 commission to evaluate slot license fees and make 22 specified recommendations to the Legislature before a 23 specified date; amending s. 849.094, F.S.; revising 24 applicability for game promotions in connection with 25 the sale of consumer products or services; amending 26 ss. 550.0251, 550.24055, and 849.086, F.S.; conforming 27 provisions; providing an effective date. 28 29

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31

Section 1. Paragraph (

a) of subsection (2) of

section 32 16.71, Florida Statutes, is amended, and subsection (6) is added 33 to that section, to read: 34 16.71 Florida Gaming Control Commission; creation; 35 meetings; membership.— 36

(2) MEMBERSHIP.— 37 (

a) The commission shall consist of five members appointed 38 by the Governor, and subject to confirmation by the Senate, for 39 terms of 4 years. Members of the commission must be appointed by 40 January 1, 2022. The Governor shall consider appointees who 41 reflect Florida’s racial, ethnic, and gender diversity. Of the 42 initial five members appointed by the Governor, and immediately 43 upon appointment, the Governor shall appoint one of the members 44 as the initial chair and one of the members as the initial vice 45 chair.

At the end of the initial chair’s and vice chair’s terms 46 pursuant to subparagraph 1., the commission shall elect one of 47 the members of the commission as chair and one of the members of 48 the commission as vice chair. 49 1. For the purpose of providing staggered terms, of the 50 initial appointments, two members shall be appointed to 4 -year 51 terms, two members shall be appointed to 3-year terms, and one 52 member shall be appointed to a 2-year term. 53 2.

Of the five members, at least one member must have at 54 least 10 years of experience in law enforcement and criminal 55 investigations, at least one member must be a certified public 56 accountant licensed in this state with at least 10 years of 57 experience in accounting and auditing, and at least one member 58

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. must be an attorney admitted and authorized to practice law in 59 this state for at least the preceding 10 years. 60 3. Of the five members, each appellate district shall have 61 one member appointed from the district to the commission who is 62 a resident of the district at the time of the original 63 appointment. 64

(6) PARI-MUTUEL WAGERING TRUST FUND.—The commission shall 65 administer the Pari-mutuel Wagering Trust Fund. 66

Section 2. Paragraph (

a) of subsection (2) of

section 67 16.713, Florida Statutes, is amended to read: 68 16.713 Florida Gaming Control Commission; appointment and 69 employment restrictions.— 70

(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 71 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 72 COMMISSION.— 73 (

a) A person may not, for the 2 years immediately preceding 74 the date of appointment to or employment with the commission and 75 while appointed to or employed with the commission: 76 1. Hold a permit or license issued under

chapter 550 or a 77 license issued under

chapter 551 or

chapter 849; be an officer, 78 official, or employee of such permitholder or licensee; or be an 79 ultimate equitable owner, as defined in s. 550.002(37), of such 80 permitholder or licensee; 81 2. Be an officer, official, employee, or other person with 82 duties or responsibilities relating to a gaming operation owned 83 by an Indian tribe that has a valid and active compact with the 84 state; be a contractor or subcontractor of such tribe or an 85 entity employed, licensed, or contracted by such tribe; or be an 86 ultimate equitable owner, as defined in s. 550.002(37), of such 87

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. entity; 88 3.

Be a registered lobbyist for the executive or 89 legislative branch, except while a commissioner or employee of 90 the commission when officially representing the commission or 91 unless the person registered as a lobbyist for the executive or 92 legislative branch while employed by a state agency as defined 93 in s. 110.107 during the normal course of his or her employment 94 with such agency and he or she has not lobbied on behalf of any 95 entity other than a state agency during the 2 years immediately 96 preceding the date of his or her appointment to or employment 97 with the commission; or 98 4.

Be a bingo game operator or an employee of a bing o game 99 operator. 100 101 For the purposes of this subsection, the term “relative” means a 102 spouse, father, mother, son, daughter, grandfather, grandmother, 103 brother, sister, uncle, aunt, cousin, nephew, niece, father -in-104 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 105 sister-in-law, stepfather, stepmother, stepson, stepdaughter, 106 stepbrother, stepsister, half-brother, or half-sister. 107

Section 3. Subsection (4) of

section 120.80, Florida 108 Statutes, is amended, and subsection (19) is added to that 109 section, to read: 110 120.80 Exceptions and special requirements; agencies.— 111

(4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. — 112 (

a) Business regulation.—The Division of Pari-mutuel 113 Wagering is exempt from the hearing and notice requirements of 114 ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and 115 boards of judges when the hearing is to be held for the purpose 116

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. of the imposition of fines or suspensions as provided by rules 117 of the Division of Pari-mutuel Wagering, but not for 118 revocations, and only upon violations of subparagraphs 1.-6. The 119 Division of Pari-mutuel Wagering shall adopt rules establishing 120 alternative procedures, including a hearing upon reasonable 121 notice, for the following violations: 122 1. Horse riding, harness riding, greyhound interference , 123 and jai alai game actions in violation of

chapter 550. 124 2. Application and usage of drugs and medication to horses, 125 greyhounds, and jai alai players in violation of

chapter 550. 126 3. Maintaining or possessing any device which could be used 127 for the injection or other infusion of a prohibited drug to 128 horses, greyhounds, and jai alai players in violation of

chapter 129 550. 130 4. Suspensions under reciprocity agreements between the 131 Division of Pari-mutuel Wagering and regulatory agencies of 132 other states. 133 5. Assault or other crimes of violence on premises licensed 134 for pari-mutuel wagering. 135 6. Prearranging the outcome of any race or game. 136 (

b) Professional regulation.—Notwithstanding s. 137 120.57(1)(a), formal hearings may not be conducted by the 138 Secretary of Business and Professional Regulation or a board or 139 member of a board within the Department of Business and 140 Professional Regulation for matters relating to the regulation 141 of professions, as defined by

chapter 455. 142

(19) FLORIDA GAMING CONTROL COMMISSION.—The Florida Gaming 143 Control Commission is exempt from the hearing and notice 144 requirements of ss. 120.569 and 120.57(1)(a), but only for 145

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. stewards, judges, and boards of judges when the hearing is to be 146 held for the purpose of the imposition of fines or suspensions 147 as provided by rules of the commission, but not for revocations, 148 and only upon violations of paragraphs (a)-(f). The commission 149 shall adopt rules establishing alternative procedures, including 150 a hearing upon reasonable notice, for the following violations: 151 (

a) Horse riding, harness riding, and jai alai game actions 152 in violation of

chapter 550. 153 (

b) Application and usage of drugs and medication to horses 154 and jai alai players in violation of

chapter 550. 155 (

c) Maintaining or possessing any device which could be 156 used for the injection or other infusion of a prohibited drug to 157 horses and jai alai players in violation of

chapter 550. 158 (

d) Suspensions under reciprocity agreements between the 159 commission and regulatory agencies of other states. 160 (

e) Assault or other crimes of violence on premises 161 licensed for pari-mutuel wagering. 162 (

f) Prearranging the outcome of any race or game. 163

Section 4. Subsection (6) of

section 455.116, Florida 164 Statutes, is amended to read: 165 455.116 Regulation trust funds.—The following trust funds 166 shall be placed in the department: 167

(6) Pari-mutuel Wagering Trust Fund. 168

Section

Section 550.135, Florida Statutes, is amended to 169 read: 170 550.135 Division of moneys derived under this law.—All 171 moneys that are deposited with the Chief Financial Officer to 172 the credit of the Pari-mutuel Wagering Trust Fund shall be 173 distributed as follows: 174

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions.

(1) The daily license fee revenues collected pursuant to s. 175 550.0951(1) shall be used to fund the operating cost of the 176 commission division and to provide a proportionate share of the 177 operation of the office of the secretary and the Division of 178 Administration of the Department of Business and Professional 179 Regulation; however, other collections in the Pari-mutuel 180 Wagering Trust Fund may also be used to fund the operation of 181 the commission division in accordance with authorized 182 appropriations. 183

(2) All unappropriated funds in excess of $1.5 million in 184 the Pari-mutuel Wagering Trust Fund, collected pursuant to this 185 chapter, shall be deposited with the Chief Financial Officer to 186 the credit of the General Revenue Fund. 187

(3) The slot machine license fee, the slot machine 188 occupational license fee, and the compulsive or addictive 189 gambling prevention program fee collected pursuant to ss. 190 551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the 191 direct and indirect operating expenses of the commission’s 192 division’s slot machine regulation operations and to provide 193 funding for relevant enforcement activities in accordance with 194 authorized appropriations.

Funds deposited into the Pari-mutuel 195 Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1., 196 and 551.118 shall be reserved in the trust fund for slot machine 197 regulation operations. On June 30, any unappropriated funds in 198 excess of those necessary for incurred obligations and 199 subsequent year cash flow for slot machine regulation operations 200 shall be deposited with the Chief Financial Officer to the 201 credit of the General Revenue Fund. 202

Section 6. Paragraph (

b) of subsection (1) of

section 203

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. 551.106, Florida Statutes, is amended to read: 204 551.106 License fee; tax rate; penalties.— 205

(1) LICENSE FEE.— 206 (

b) Before Prior to January 1, 2026 2007, the commission 207 division shall evaluate the license fee and shall make 208 recommendations to the President of the Senate an d the Speaker 209 of the House of Representatives regarding the optimum level of 210 slot machine license fees in order to adequately support the 211 slot machine regulatory program. 212

Section 7. Subsection (10) of

section 849.094, Florida 213 Statutes, is amended to read: 214 849.094 Game promotion in connection with sale of consumer 215 products or services.— 216

(10) This

section does not apply to actions or transactions 217 regulated by the Department of Business and Professional 218 Regulation or the Florida Gaming Control Commission or to the 219 activities of nonprofit organizations or to any other 220 organization engaged in any enterprise other than the sale of 221 consumer products or services. Subsections (3), (4), (5), (6), 222 and (7) and paragraph (8)(

a) and any of the rules made pursuant 223 thereto do not apply to television or radio broadcasting 224 companies licensed by the Federal Communications Commission. 225

Section 8. Subsection (5) of

section 550.0251, Florida 226 Statutes, is amended to read: 227 550.0251 The powers and duties of the Florida Gaming 228 Control Commission Division of Pari-mutuel Wagering of the 229 Department of Business and Professional Regulation .—The 230 commission division shall administer this

chapter and regulate 231 the pari-mutuel industry under this

chapter and the rules 232

Florida Senate - 2022 SB 2510 576-02886-22 20222510__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. adopted pursuant thereto, and: 233

(5) The commission division may adopt rules establishing 234 procedures for testing occupational licenseholders officiating 235 at or participating in any race or game at any pari -mutuel 236 facility under the jurisdiction of the commission division for a 237 controlled substance or alcohol and may prescribe procedural 238 matters not in conflict with s. 120.80(19) s. 120.80(4)(a). 239

Section 9. Subsection (4) of

section 550.24055, Florida 240 Statutes, is amended to read: 241 550.24055 Use of controlled substances or alcohol 242 prohibited; testing of certain occupational licensees; penalty; 243 evidence of test or action taken and admissibility for criminal 244 prosecution limited.— 245

(4) The provisions of s. 120.80(19) s. 120.80(4)(

a) apply 246 to all actions taken by the stewards, judges, or board of judges 247 pursuant to this

section without regard to the limitation 248 contained therein. 249

Section 10. Paragraph (

g) of subsection (13) of

section 250 849.086, Florida Statutes, is amended to read: 251 849.086 Cardrooms authorized.— 252

(13) TAXES AND OTHER PAYMENTS.— 253 (

g) All of the moneys deposited in the Pari-mutuel Wagering 254 Trust Fund, except as set forth in paragraph (h), shall be 255 utilized and distributed in the manner specified in s. 256 550.135(1) and (2). However, cardroom tax revenues shall be kept 257 separate from pari-mutuel tax revenues and shall not be used for 258 making the disbursement to counties provided in former s. 259 550.135(1). 260

Section 11. This act shall take effect July 1, 2022. 261

Document details

Collection	Florida Bills
Citation	SB 2510
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	0f7dad0faffc39f23eb033c575ef1826c53c2ebf

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