Senate Bill 7076 (2021) — Gaming enforcement
SB 7076
Florida Bills
Florida Senate - 2021 SB 7076 By the Committee on Regulated Industries 580-04017-21 20217076__ Page 1 of 20 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to gaming enforcement; amending s. 2 16.56, F.S.; expanding the authority of the Office of 3 Statewide Prosecution within the Department of Legal 4 Affairs to investigate and prosecute the offenses of 5 certain crimes; creating s. 16.71, F.S.; creating the 6 Florida Gaming Control Commission within the Office of 7 the Attorney General; providing for membership of the 8 commission; providing rights for certain employees of 9 the commission; providing requirements and powers for 10 employees serving as law enforcement officers for the 11 commission; providing powers and duties of the 12 commission; providing requirements for hearings 13 relating to the commission; authorizing the commission 14 to submit certain written recommendations to the 15 Governor and the Legislature upon certain findings; 16 requiring the commission to annually develop a budget 17 request; requiring the department to submit the budget 18 request to the Governor for transmittal to the 19 Legislature; authorizing the commission to contract or 20 consult with certain agencies; creating s. 16.715, 21 F.S.; providing construction; providing standards of 22 conduct for commissioners; requiring commissioners to 23 complete specified annual training; requiring the 24 Commission on Ethics to accept and investigate any 25 alleged violations of the standards of conduct for 26 commissioners; providing requirements for such 27 investigations; authorizing a commissioner to request 28 an advisory opinion from the Commission on Ethics; 29
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 2 of 20 CODING: Words stricken are deletions; words underlined are additions. providing requirements relating to ex parte 30 communications; providing civil penalties; amending s. 31 285.710, F.S.; revising the definition of the term 32 “state compliance agency”; designating the Florida 33 Gaming Control Commission as the state compliance 34 agency having authority to carry out certain 35 responsibilities; transferring all powers, duties, 36 functions, records, offices, personnel, property, 37 pending issues, existing contracts, administrative 38 authority, administrative rules, trust funds, and 39 unexpended balances of appropriations, allocations, 40 and other funds of the Department of Business and 41 Professional Regulation to the commission by a type 42 two transfer; requiring the Department of Legal 43 Affairs to provide administrative support to the 44 commission until such transfer is complete; providing 45 a directive to the Division of Law Revision; providing 46 effective dates. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50
Section 1. Paragraph (
a) of subsection (1) of
section 51 16.56, Florida Statutes, is amended to read: 52 16.56 Office of Statewide Prosecution.— 53
(1) There is created in the Department of Legal Affairs an 54 Office of Statewide Prosecution. The office shall be a separate 55 “budget entity” as that term is defined in
chapter 216. The 56 office may: 57 (
a) Investigate and prosecute the offenses of: 58
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 3 of 20 CODING: Words stricken are deletions; words underlined are additions. 1. Bribery, burglary, criminal usury, extortion, gambling, 59 kidnapping, larceny, murder, prostitution, perjury, robbery, 60 carjacking, home-invasion robbery, and patient brokering; 61 2. Any crime involving narcotic or other dangerous drugs; 62 3.
Any violation of the Florida RICO (Racketeer Influenced 63 and Corrupt Organization) Act, including any offense listed in 64 the definition of racketeering activity in s. 895.02(8)(a), 65 providing such listed offense is investigated in connection with 66 a violation of s. 895.03 and is charged in a separate count of 67 an information or indictment containing a count charging a 68 violation of s. 895.03, the prosecution of which listed offense 69 may continue independently if the prosecution of the violation 70 of s. 895.03 is terminated for any reason; 71 4. Any violation of the Florida Anti-Fencing Act; 72 5.
Any violation of the Florida Antitrust Act of 1980, as 73 amended; 74 6. Any crime involving, or resulting in, fraud or deceit 75 upon any person; 76 7. Any violation of s. 847.0135, relating to computer 77 pornography and child exploitation prevention, or any offense 78 related to a violation of s. 847.0135 or any violation of 79
chapter 827 where the crime is facilitated by or connected to 80 the use of the Internet or any device capable of electronic data 81 storage or transmission; 82 8. Any violation of
chapter 815; 83 9. Any criminal violation of
part I of
chapter 499; 84 10. Any violation of the Florida Motor Fuel Tax Relief Act 85 of 2004; 86 11. Any criminal violation of s. 409.920 or s. 409.9201; 87
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 4 of 20 CODING: Words stricken are deletions; words underlined are additions. 12. Any crime involving voter registration, voting, or 88 candidate or issue petition activities; 89 13. Any criminal violation of the Florida Money Laundering 90 Act; 91 14. Any criminal violation of the Florida Securities and 92 Investor Protection Act; or 93 15. Any violation of
chapter 787, as well as any and all 94 offenses related to a violation of
chapter 787; or 95 16. Any violation of
chapter 24,
chapter 546,
chapter 550, 96
chapter 551, or
chapter 849, including violations referred by 97 the Department of Agriculture and Consumer Services, the 98 Department of Business and Professional Regulation, the 99 Department of the Lottery, the Florida Gaming Control 100 Commission, the Seminole Tribe of Florida, or any person 101 licensed under those chapters; 102 103 or any attempt, solicitation, or conspiracy to commit any of the 104 crimes specifically enumerated above.
The office shall have such 105 power only when any such offense is occurring, or has occurred, 106 in two or more judicial circuits as part of a related 107 transaction, or when any such offense is connected with an 108 organized criminal conspiracy affecting two or more judicial 109 circuits.
Informations or indictments charging such offenses 110 shall contain general allegations stating the judicial circuits 111 and counties in which crimes are alleged to have occurred or the 112 judicial circuits and counties in which crimes affecting such 113 circuits or counties are alleged to have been connected with an 114 organized criminal conspiracy. 115
Section
Section 16.71, Florida Statutes, is created to 116
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 5 of 20 CODING: Words stricken are deletions; words underlined are additions. read: 117 16.71 Florida Gaming Control Commission.— 118
(1) There is created within the Department of Legal 119 Affairs, Office of the Attorney General, a Florida Gaming 120 Control Commission, hereinafter referred to as the commission. 121 The commission shall be a separate budget entity and the agency 122 head for all purposes. The commission is not subject to control, 123 supervision, or direction by the Department of Legal Affairs or 124 the Attorney General in the performance of its duties, 125 including, but not limited to, personnel, purchasing 126 transactions involving real or personal property, and budgetary 127 matters. 128 (2)(
a) The commission shall consist of five members 129 appointed by the Governor, subject to confirmation by the 130 Senate, for terms of 4 years. For the purpose of providing 131 staggered terms, of the initial appointments, 2 members shall be 132 appointed to 4-year terms, 2 members shall be appointed to 3-133 year terms, and 1 member shall be appointed to a 2-year term.
Of 134 the five members at least one member must be experienced in law 135 enforcement and criminal investigation, at least one member must 136 be a certified public accountant licensed in this state and 137 experienced in accounting and auditing, and at least one member 138 must be an attorney admitted and authorized to practice law in 139 this state. Such appointments must be made by January 1, 2022. 140 (
b) A commissioner shall serve until a successor is 141 appointed, but commissioners may not serve more than 12 years. 142 Vacancies shall be filled for the unexpired portion of the term. 143 Of the five members, each appellate district shall have one 144 member appointed from the district to the commission who is a 145
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 6 of 20 CODING: Words stricken are deletions; words underlined are additions. resident of the district at the time of the original 146 appointment. The salary of each commissioner is equal to that 147 paid under state law to a commissioner on the Florida Public 148 Service Commission. The commission shall elect a chair and a 149 vice chair. 150 (
c) To aid the commission in its duties, the commission 151 must appoint a person who is not a member of the commission to 152 serve as the executive director of the commission. The executive 153 director shall supervise, direct, coordinate, and administer all 154 activities necessary to fulfill the commission’s 155 responsibilities. The commission must appoint the executive 156 director by July 1, 2022. The executive director, with the 157 consent of the commission, shall employ such staff as are 158 necessary to adequately perform the functions of the commission, 159 within budgetary limitations. All employees, except the 160 executive director and attorneys, are subject to
part II of 161
chapter 110. The executive director shall serve at the pleasure 162 of the commission and be subject to
part III of
chapter 110. 163 Attorneys employed by the commission shall be subject to
part V 164 of
chapter 110. The executive director shall maintain 165 headquarters in and reside in Leon County. The salary of the 166 executive director is equal to that paid under state law to a 167 commissioner on the Florida Public Service Commission. 168 (d)1. A person may not, for the 2 years immediately 169 preceding the date of appointment to or employment with the 170 commission and while appointed to or employed with the 171 commission: 172 a. Hold a permit or license issued under
chapter 550, or a 173 license issued under
chapter 551,
chapter 546, or
chapter 849; 174
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 7 of 20 CODING: Words stricken are deletions; words underlined are additions. be an officer, official, or employee of such permitholder or 175 licensee; or be an ultimate equitable owner, as defined in s. 176 550.002(37), of such permitholder or licensee; 177 b.
Be an officer, official, employee, or other person with 178 duties or responsibilities relating to a gaming operation owned 179 by an Indian tribe that has a valid and active compact with the 180 state; be a contractor or subcontractor of such tribe or an 181 entity employed, licensed, or contracted by such tribe; or be an 182 ultimate equitable owner, as defined in s. 550.002(37), of such 183 entity; or 184 c. Be a registered lobbyist for the executive or 185 legislative branch, except when solely representing the 186 commission. 187 2.
A person is ineligible for appointment to or employment 188 with the commission if, within the 2 years immediately preceding 189 such appointment or employment, he or she has violated 190 subparagraph 1. or has solicited or accepted employment with, 191 acquired any direct or indirect interest in, or has had any 192 direct or indirect business association, partnership, or 193 financial relationship with, or is a relative of, any person or 194 entity who is an applicant, licensee, or registrant with the 195 Division of Pari-mutuel Wagering or the commission. 196 197 For the purposes of this paragraph, the term “relative” means a 198 spouse, father, mother, son, daughter, grandfather, grandmother, 199 brother, sister, uncle, aunt, cousin, nephew, niece, father-in-200 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 201 sister-in-law, stepfather, stepmother, stepson, stepdaughter, 202 stepbrother, stepsister, half-brother, or half-sister. 203
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 8 of 20 CODING: Words stricken are deletions; words underlined are additions. (e)1. All employees authorized by the commission shall have 204 access to, and shall have the right to inspect, premises 205 licensed by the Department of Business and Professional 206 Regulation, to collect taxes and remit them to the officer 207 entitled to them, and to examine the books and records of all 208 persons subject to
chapter 24,
chapter 285,
chapter 546,
chapter 209 550,
chapter 551, or
chapter 849. The authorized employees shall 210 require of each such person strict compliance with the laws of 211 this state relating to the license or permit of the licensee. 212 2. Each employee serving as a law enforcement officer for 213 the commission must meet the qualifications for employment or 214 appointment as a law enforcement officer set forth under s. 215 943.13 and must be certified as a law enforcement officer by the 216 Department of Law Enforcement under
chapter 943. Upon 217 certification, each law enforcement officer is subject to and 218 has the same authority as provided for law enforcement officers 219 generally in
chapter 901 and has statewide jurisdiction. Each 220 officer also has arrest authority as provided for state law 221 enforcement officers in s. 901.15. Each officer possesses the 222 full law enforcement powers granted to other peace officers of 223 this state, including the authority to make arrests, carry 224 firearms, serve court process, and seize contraband and the 225 proceeds of illegal activities. 226 a. The primary responsibility of each officer appointed 227 under this paragraph is to investigate, enforce, and prosecute, 228 throughout the state, violations and violators of
chapter 24, 229
chapter 285,
chapter 546,
chapter 550,
chapter 551, or
chapter 230 849, and the rules adopted thereunder, as well as other state 231 laws that the commission or all state law enforcement officers 232
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 9 of 20 CODING: Words stricken are deletions; words underlined are additions. are specifically authorized to enforce. 233 b.
The secondary responsibility of each officer appointed 234 under this paragraph is to enforce all other state laws, 235 provided that the enforcement is incidental to exercising the 236 officer’s primary responsibility as provided in sub-subparagraph 237 a., and the officer exercises the powers of a deputy sheriff, 238 only after consultation or coordination with the appropriate 239 local sheriff’s office or municipal police department or when 240 the commission participates in the Florida Mutual Aid Plan 241 during a declared state emergency. 242
(3) The commission shall convene at the call of its chair 243 or at the request of a majority of the members of the 244 commission. The presence of three members is required to 245 constitute a quorum, and the affirmative vote of the majority of 246 the members present is required for any action or recommendation 247 by the commission. The commission may meet in any city or county 248 of the state. The commission shall do all of the following: 249 (
a) Exercise all of the regulatory and executive powers of 250 the state with respect to gambling, including, without 251 limitation thereto, pari-mutuel wagering, cardrooms, slot 252 machine facilities, oversight of gaming compacts executed by the 253 state pursuant to the Federal Indian Gaming Regulatory Act, and 254 any other forms of gambling authorized by the State Constitution 255 or law, excluding games authorized by s. 15, Art. X of the State 256 Constitution. 257 (
b) Establish procedures consistent with
chapter 120 to 258 ensure adequate due process in the exercise of its regulatory 259 and executive functions. 260 (
c) Ensure that the laws of this state are not interpreted 261
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 10 of 20 CODING: Words stricken are deletions; words underlined are additions. in any manner that expands the activities authorized in
chapter 262 24,
chapter 285,
chapter 546,
chapter 550,
chapter 551, or 263
chapter 849. 264 (
d) Review any matter within the scope of the jurisdiction 265 of the Division of Pari-mutuel Wagering. 266 (
e) Review the regulation of licensees, permitholders, or 267 persons regulated by the Division of Pari-mutuel Wagering and 268 the procedures used by the division to implement and enforce the 269 law. 270 (
f) Review the procedures of the Division of Pari-mutuel 271 Wagering which are used to qualify applicants applying for a 272 license, permit, or registration. 273 (
g) Refer criminal violations of
chapter 24,
chapter 546, 274
chapter 550,
chapter 551, or
chapter 849 to the appropriate 275 state attorney or to the Office of Statewide Prosecution, as 276 applicable. 277 (
h) Exercise all other powers and perform any other duties 278 prescribed by the Legislature. 279 280 The commission may subpoena witnesses and compel their 281 attendance and testimony, administer oaths and affirmations, 282 take evidence, and require by subpoena the production of any 283 books, papers, records, or other items relevant to the 284 performance of the duties of the commission or to the exercise 285 of its powers. 286
(4) Hearings shall be held before the commission, except 287 that the chair may direct that any hearing be held before one 288 member of the commission or a panel of less than the full 289 commission. The commission shall adopt rules to provide for the 290
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 11 of 20 CODING: Words stricken are deletions; words underlined are additions. filing of a report when hearings are held by a single 291 commissioner or a panel, which rules shall prescribe the time 292 for filing the report and the contents of the report. The chair 293 may
schedule hearings to determine whether enforcement of the 294 gaming laws of this state is sufficient to protect residents 295 from abuse and misinterpretation of the law to create expansion 296 of gaming or gambling in this state. 297
(5) The commission may submit written recommendations to 298 enhance the enforcement of gaming laws of the state to the 299 Governor, the President of the Senate, and the Speaker of the 300 House of Representatives. 301
(6) The commission’s exercise of executive powers in the 302 area of planning, budgeting, personnel management, and 303 purchasing shall be as provided by law. 304
(7) The commission shall develop a budget request pursuant 305 to
chapter 216 annually. The budget is not subject to change by 306 the Department of Legal Affairs or the Attorney General, but it 307 shall be submitted by the Department of Legal Affairs to the 308 Governor for transmittal to the Legislature. 309
(8) The commission is authorized to contract or consult 310 with appropriate agencies of state government for such 311 professional assistance as may be needed in the discharge of its 312 duties. 313
(9) All rules adopted pursuant to chapters 285, 546, 550, 314 551, and 849 prior to the effective date of this act are 315 preserved and remain in full force and effect. 316
(10) The commission shall exercise all of its regulatory 317 and executive powers and shall apply, construe, and interpret 318 all laws and administrative rules in a manner consistent with 319
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 12 of 20 CODING: Words stricken are deletions; words underlined are additions. the gaming compact ratified, approved, and described in s. 320 285.710(3). 321
Section
Section 16.715, Florida Statutes, is created to 322 read: 323 16.715 Florida Gaming Control Commission standards of 324 conduct; ex parte communications.— 325
(1) STANDARDS OF CONDUCT.— 326 (
a) In addition to the provisions of
part III of
chapter 327 112, which are applicable to commissioners on the Florida Gaming 328 Control Commission by virtue of their being public officers, the 329 conduct of commissioners shall be governed by the standards of 330 conduct provided in this subsection. Nothing shall prohibit the 331 standards of conduct from being more restrictive than
part III 332 of
chapter 112. Further, this subsection may not be construed to 333 contravene the restrictions of
part III of
chapter 112. In the 334 event of a conflict between this subsection and
part III of 335
chapter 112, the more restrictive provision shall apply. 336 (b)1. A commissioner may not accept anything from any 337 business entity which, either directly or indirectly, owns or 338 controls any person regulated by the commission or from any 339 business entity which, either directly or indirectly, is an 340 affiliate or subsidiary of any person regulated by the 341 commission. A commissioner may attend conferences and associated 342 meals and events that are generally available to all conference 343 participants without payment of any fees in addition to the 344 conference fee.
Additionally, while attending a conference, a 345 commissioner may attend meetings, meals, or events that are not 346 sponsored, in whole or in part, by any representative of any 347 person regulated by the commission and that are limited to 348
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 13 of 20 CODING: Words stricken are deletions; words underlined are additions. commissioners only, committee members, or speakers if the 349 commissioner is a member of a committee of the association of 350 regulatory agencies that organized the conference or is a 351 speaker at the conference.
It is not a violation of this 352 subparagraph for a commissioner to attend a conference for which 353 conference participants who are employed by a person regulated 354 by the commission have paid a higher conference registration fee 355 than the commissioner, or to attend a meal or event that is 356 generally available to all conference participants without 357 payment of any fees in addition to the conference fee and that 358 is sponsored, in whole or in part, by a person regulated by the 359 commission.
If, during the course of an investigation by the 360 Commission on Ethics into an alleged violation of this 361 subparagraph, allegations are made as to the identity of the 362 person giving or providing the prohibited gift, that person must 363 be given notice and an opportunity to participate in the 364 investigation and relevant proceedings to present a defense. If 365 the Commission on Ethics determines that the person gave or 366 provided a prohibited gift, the person may not appear before the 367 commission or otherwise represent anyone before the commission 368 for a period of 2 years. 369 2.
A commissioner may not accept any form of employment 370 with or engage in any business activity with any business entity 371 which, either directly or indirectly, owns or controls any 372 person regulated by the commission, any person regulated by the 373 commission, or any business entity which, either directly or 374 indirectly, is an affiliate or subsidiary of any person 375 regulated by the commission. 376 3. A commissioner may not have any financial interest, 377
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 14 of 20 CODING: Words stricken are deletions; words underlined are additions. other than shares in a mutual fund, in any person regulated by 378 the commission, in any business entity which, either directly or 379 indirectly, owns or controls any person regulated by the 380 commission, or in any business entity which, either directly or 381 indirectly, is an affiliate or subsidiary of any person 382 regulated by the commission.
If a commissioner acquires any 383 financial interest prohibited by this subsection during his or 384 her term of office as a result of events or actions beyond the 385 commissioner’s control, he or she shall immediately sell such 386 financial interest or place such financial interest in a blind 387 trust at a financial institution. A commissioner may not attempt 388 to influence, or exercise any control over, decisions regarding 389 the blind trust. 390 4. A commissioner may not accept anything from a party in a 391 proceeding currently pending before the commission.
If, during 392 the course of an investigation by the Commission on Ethics into 393 an alleged violation of this subparagraph, allegations are made 394 as to the identity of the person giving or providing the 395 prohibited gift, that person must be given notice and an 396 opportunity to participate in the investigation and relevant 397 proceedings to present a defense. If the Commission on Ethics 398 determines that the person gave or provided a prohibited gift, 399 the person may not appear before the commission or otherwise 400 represent anyone before the commission for a period of 2 years. 401 5.
A commissioner may not serve as the representative of 402 any political party or on any executive committee or other 403 governing body of a political party; serve as an executive 404 officer or employee of any political party, committee, 405 organization, or association; receive remuneration for 406
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 15 of 20 CODING: Words stricken are deletions; words underlined are additions. activities on behalf of any candidate for public office; engage 407 on behalf of any candidate for public office in the solicitation 408 of votes or other activities on behalf of such candidacy; or 409 become a candidate for election to any public office without 410 first resigning from office. 411 6.
A commissioner, during his or her term of office, may 412 not make any public comment regarding the merits of any 413 proceeding under ss. 120.569 and 120.57 currently pending before 414 the commission. 415 7. A commissioner may not conduct himself or herself in an 416 unprofessional manner at any time during the performance of his 417 or her official duties. 418 8. A commissioner must avoid impropriety in all of his or 419 her activities and must act at all times in a manner that 420 promotes public confidence in the integrity and impartiality of 421 the commission. 422 9.
A commissioner may not directly or indirectly, through 423 staff or other means, solicit anything of value from any person 424 regulated by the commission, or from any business entity that, 425 whether directly or indirectly, is an affiliate or subsidiary of 426 any person regulated by the commission, or from any party 427 appearing in a proceeding considered by the commission in the 428 last 2 years. 429 (
c) A commissioner must annually complete at least 4 hours 430 of ethics training that addresses, at a minimum, s. 8, Art. II 431 of the State Constitution, the Code of Ethics for Public 432 Officers and Employees, and the public records and public 433 meetings laws of this state. This requirement may be satisfied 434 by completion of a continuing legal education class or other 435
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 16 of 20 CODING: Words stricken are deletions; words underlined are additions. continuing professional education class, seminar, or 436 presentation, if the required subjects are covered. 437 (
d) The Commission on Ethics shall accept and investigate 438 any alleged violations of this subsection pursuant to the 439 procedures contained in ss. 112.322-112.3241. The Commission on 440 Ethics shall provide the Governor, the President of the Senate, 441 and the Speaker of the House of Representatives with a report of 442 its findings and recommendations. The Governor is authorized to 443 enforce the findings and recommendations of the Commission on 444 Ethics, pursuant to
part III of
chapter 112. A commissioner may 445 request an advisory opinion from the Commission on Ethics, 446 pursuant to s. 112.322(3)(a), regarding the standards of conduct 447 or prohibitions set forth in this
section or s. 16.71. 448
(2) EX PARTE COMMUNICATIONS.— 449 (
a) A commissioner may not initiate or consider ex parte 450 communications concerning the merits, threat, or offer of reward 451 in any proceeding that is currently pending before the 452 commission or that he or she knows or reasonably expects will be 453 filed with the commission within 180 days after the date of any 454 such communication. An individual may not discuss ex parte with 455 a commissioner the merits of any issue that he or she knows will 456 be filed with the commission within 180 days. This paragraph 457 does not apply to commission staff. 458 (
b) If a commissioner knowingly receives an ex parte 459 communication relative to a proceeding other than as set forth 460 in paragraph (a), to which he or she is assigned, he or she must 461 place on the record of the proceeding copies of all written 462 communications received, all written responses to the 463 communications, and a memorandum stating the substance of all 464
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 17 of 20 CODING: Words stricken are deletions; words underlined are additions. oral communications received and all oral responses made, and 465 shall give written notice to all parties to the communication 466 that such matters have been placed on the record. Any party who 467 desires to respond to an ex parte communication may do so. The 468 response must be received by the commission within 10 days after 469 receiving notice that the ex parte communication has been placed 470 on the record.
The commissioner may, if he or she deems it 471 necessary to eliminate the effect of an ex parte communication 472 received by him or her, withdraw from the proceeding, in which 473 case the chair shall substitute another commissioner for the 474 proceeding. 475 (
c) Any individual who makes an ex parte communication 476 shall submit to the commission a written statement describing 477 the nature of such communication, to include the name of the 478 person making the communication, the name of the commissioner or 479 commissioners receiving the communication, copies of all written 480 communications made, all written responses to such 481 communications, and a memorandum stating the substance of all 482 oral communications received and all oral responses made. The 483 commission shall place on the record of a proceeding all such 484 communications. 485 (
d) Any commissioner who knowingly fails to place on the 486 record any such communications, in violation of this subsection, 487 within 15 days of the date of such communication is subject to 488 removal and may be assessed a civil penalty not to exceed 489 $5,000. 490 (e)1. It shall be the duty of the Commission on Ethics to 491 receive and investigate sworn complaints of violations of this 492 subsection pursuant to the procedures contained in ss. 112.322-493
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 18 of 20 CODING: Words stricken are deletions; words underlined are additions. 112.3241. 494 2. If the Commission on Ethics finds that there has been a 495 violation of this subsection by a commissioner, it shall provide 496 the Governor, the President of the Senate, and the Speaker of 497 the House of Representatives with a report of its findings and 498 recommendations. The Governor is authorized to enforce the 499 findings and recommendations of the Commission on Ethics, 500 pursuant to
part III of
chapter 112 and to remove from office a 501 commissioner who is found by the Commission on Ethics to have 502 willfully and knowingly violated this subsection. The Governor 503 shall remove from office a commissioner who is found by the 504 Commission on Ethics to have willfully and knowingly violated 505 this subsection after a previous finding by the Commission on 506 Ethics that the commissioner willfully and knowingly violated 507 this subsection in a separate matter. 508 3.
If a commissioner fails or refuses to pay the Commission 509 on Ethics any civil penalties assessed pursuant to this 510 subsection, the Commission on Ethics may bring an action in any 511 circuit court to enforce such penalty. 512 4.
If, during the course of an investigation by the 513 Commission on Ethics into an alleged violation of this 514 subsection, allegations are made as to the identity of the 515 person who participated in the ex parte communication, that 516 person must be given notice and an opportunity to participate in 517 the investigation and relevant proceedings to present a defense. 518 If the Commission on Ethics determines that the person 519 participated in the ex parte communication, the person may not 520 appear before the commission or otherwise represent anyone 521 before the commission for a period of 2 years. 522
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Section 4. Effective July 1, 2022, paragraph (
f) of 523 subsection (1) and subsection (7) of
section 285.710, Florida 524 Statutes, are amended to read: 525 285.710 Compact authorization.— 526
(1) As used in this section, the term: 527 (f) “State compliance agency” means the Florida Gaming 528 Control Commission Division of Pari-mutuel Wagering of the 529 Department of Business and Professional Regulation which is 530 designated as the state agency having the authority to carry out 531 the state’s oversight responsibilities under the compact. 532
(7) The Florida Gaming Control Commission The Division of 533 Pari-mutuel Wagering of the Department of Business and 534 Professional Regulation is designated as the state compliance 535 agency having the authority to carry out the state’s oversight 536 responsibilities under the compact authorized by this section. 537
Section 5.
(1) Effective July 1, 2022, all powers, duties, 538 functions, records, offices, personnel, associated 539 administrative support positions, property, pending issues, 540 existing contracts, administrative authority, administrative 541 rules, and unexpended balances of appropriations, allocations, 542 and other funds in the Department of Business and Professional 543 Regulation related to the oversight responsibilities by the 544 state compliance agency for authorized gaming compacts under s. 545 285.710, Florida Statutes, the regulation of pari-mutuel 546 wagering under
chapter 550, Florida Statutes, the regulation of 547 slot machines and slot machine gaming under
chapter 551, Florida 548 Statutes, and the regulation of cardrooms under s. 849.086, 549 Florida Statutes, are transferred by a type two transfer, as 550 defined in s. 20.06(2), Florida Statutes, to the Florida Gaming 551
Florida Senate - 2021 SB 7076 580-04017-21 20217076__ Page 20 of 20 CODING: Words stricken are deletions; words underlined are additions. Control Commission within the Department of Legal Affairs, 552 Office of the Attorney General. 553
(2) Notwithstanding
chapter 60L-34, Florida Administrative 554 Code, or any law to the contrary, employees who are transferred 555 from the Department of Business and Professional Regulation to 556 the Florida Gaming Control Commission within the Department of 557 Legal Affairs, Office of the Attorney General to fill positions 558 transferred by this act, retain and transfer any accrued annual 559 leave, sick leave, and regular and special compensatory leave 560 balances. 561
(3) The Department of Legal Affairs shall provide 562 administrative support to the Florida Gaming Control Commission 563 until the transfer in subsection (1) is complete. 564