Attorney General (2021)
Fla. Stat. ch. 16 (2021)
Florida Statutes
CHAPTER 16
16.01 Residence, office, and duties of Attorney General.
(1) Shall reside at the seat of government and shall keep his or her office in the capitol.
(2) Shall perform the duties prescribed by the Constitution of this state and also perform such other duties appropriate to his or her office as may from time to time be required of the Attorney General by law or by resolution of the Legislature.
(3) Notwithstanding any other provision of law, shall, on the written requisition of the Governor, a member of the Cabinet, the head of a department in the executive branch of state government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the written requisition of a member of the Legislature, other state officer, or officer of a county, municipality, other unit of local government, or political subdivision, give an official opinion and legal advice in writing on any question of law relating to the official duties of the requesting officer.
(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court and district courts of appeal of this state.
(5) Shall appear in and attend to such suits or prosecutions in any other of the courts of this state or in any courts of any other state or of the United States. This subsection is not intended to authorize the joinder of the Attorney General as a party in such suits or prosecutions.
(6) Shall act as co-counsel of record in capital collateral proceedings.
(7) Shall have and perform all powers and duties incident or usual to such office.
(8) Shall make and keep in his or her office a record of all his or her official acts and proceedings, containing copies of all official opinions, reports, and correspondence, and also keep and preserve in the office all official letters and communications to him or her and cause a registry and index thereof to be made and kept, all of which official papers and records shall be subject to the inspection of the Governor of the state and to the disposition of the Legislature by act or resolution thereof.
(9) May periodically publish a report of his or her official opinions and may prepare and publish an index or consolidated index or indexes of opinions.
History. — s. 2, ch. 2, 1845; ch. 1845, 1871; RS 85; GS 87; RGS 101; CGL 125; s. 7, ch. 22858, 1945; s. 7, ch. 59-1; s. 1, ch. 78-399; s. 1, ch. 79-159; s. 7, ch. 81-259; s. 1, ch. 85-123; s. 45, ch. 95-147; s. 10, ch. 97-313; s. 6, ch. 2001-266.
16.015 Legal services; Department of Legal Affairs, other counsel.
History. — s. 11, ch. 69-106; s. 2, ch. 77-105.
16.0155 Contingency fee agreements.
(1) As used in this section, the term:
(2) The department may not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to entering into such a contract that contingency fee representation is both cost-effective and in the public interest. Any written determination shall include specific findings for each of the following factors:
(3) Notwithstanding the exemption provided in s. 287.057(3)(e), if the Attorney General makes the determination described in subsection (2), he or she shall request proposals from private attorneys to represent the department on a contingency-fee basis, unless the Attorney General determines in writing that requesting proposals is not feasible under the circumstances. The written determination does not constitute a final agency action subject to review pursuant to ss. 120.569 and 120.57. For purposes of this subsection only, the department is exempt from s. 120.57(3), and neither the request for proposals nor the contract award is subject to challenge pursuant to ss. 120.569 and 120.57.
(4) In addition to the requirements set forth in s. 287.059(16), any private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of no greater than 1
(5) Notwithstanding s. 287.059(7)(a), the department may not enter into a contingency fee contract that provides for the private attorney to receive an aggregate contingency fee in excess of:
(6) Copies of any executed contingency fee contract and the Attorney General’s written determination to enter into a contingency fee contract with the private attorney shall be posted on the department’s website for public inspection within 5 business days after the date the contract is executed and shall remain posted on the website for the duration of the contingency fee contract, including any extensions or amendments thereto. Any payment of contingency fees shall be posted on the department’s website within 15 days after the payment of such contingency fees to the private attorney and shall remain posted on the website for at least 365 days thereafter.
(7) By February 1 of each year, the Attorney General shall submit a report to the President of the Senate and the Speaker of the House of Representatives describing the use of contingency fee contracts with private attorneys in the preceding calendar year. At a minimum, the report shall:
History. — s. 1, ch. 2010-7; s. 1, ch. 2011-4; s. 11, ch. 2013-154.
16.016 Payment of per diem, mileage, and other expense.
History. — s. 1, ch. 65-522; ss. 11, 35, ch. 69-106; s. 5, ch. 79-36.
16.02 Appointment of person to act in case of disability of Attorney General.
History. — s. 3, ch. 2, 1845; RS 85a; GS 88; RGS 102; CGL 126; s. 46, ch. 95-147.
16.061 Initiative petitions.
(1) The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petition the Supreme Court, requesting an advisory opinion regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution, whether the proposed amendment is facially invalid under the United States Constitution, and the compliance of the proposed ballot title and substance with s. 101.161. The petition may enumerate any specific factual issues that the Attorney General believes would require a judicial determination.
(2) A copy of the petition shall be provided to the Secretary of State and the principal officer of the sponsor.
(3) Any fiscal impact statement that the court finds not to be in accordance with s. 100.371 shall be remanded solely to the Financial Impact Estimating Conference for redrafting.
History. — s. 2, ch. 87-363; s. 2, ch. 2002-390; s. 2, ch. 2004-33; s. 2, ch. 2020-15.
16.08 Superintendence and direction of state attorneys.
History. — s. 1, ch. 2098, 1877; RS 90; GS 93; RGS 107; CGL 131; s. 48, ch. 95-147.
16.09 Regulations as to the reports of state attorneys.
History. — s. 3, ch. 2098, 1877; RS 91; GS 94; RGS 108; CGL 132; s. 49, ch. 95-147.
16.52 Participation in preserving constitutional integrity of state.
(1) In order to provide for independent action and cooperative participation by the state in a program of concerted action among the states, and independent procedure to oppose any existing or proposed federal legislative encroachments upon constitutional state powers, it is hereby made a duty of the Department of Legal Affairs to make a study of federal legislation —
(2) It shall be the duty of the Department of Legal Affairs of this state to render opinions to the representatives in Congress from this state, on any question arising within the scope of the subject matter of this act.
(3) In performing the duties imposed upon it under the provisions of this section, the Department of Legal Affairs is hereby authorized to employ therefor the services of the Council of State Governments, a national conference organization, or its successors in name or organization, or any other similar organization, in such manner not inconsistent with its powers and duties, as it may deem desirable; provided, that the cost of such employment, if any, shall be paid from the necessary and regular appropriation of the Department of Legal Affairs.
History. — ss. 1, 2, 3, ch. 21679, 1943; ss. 11, 35, ch. 69-106.
16.53 Legal Affairs Revolving Trust Fund.
(1) There is created in the State Treasury the Legal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose of funding investigation, prosecution, and enforcement by the Attorney General of the provisions of the Racketeer Influenced and Corrupt Organization Act, the Florida Deceptive and Unfair Trade Practices Act, the Florida False Claims Act, or state or federal antitrust laws.
(2) Thirty percent of all moneys recovered by the Attorney General on behalf of the state, its agencies, or units of state government, local governments, or persons resident in this state or, alternatively, attorneys’ fees and costs, whichever is greater, in any civil action for violation of state or federal antitrust laws shall be deposited in the fund.
(3) All moneys recovered by the Attorney General under s. 68.086(1) in any civil action for violation of the Florida False Claims Act shall be deposited in the fund.
(4) Subject to the provisions of s. 895.09, when the Attorney General files an action pursuant to s. 895.05, funds provided to the Department of Legal Affairs pursuant to s. 895.09(2)(
a) or, alternatively, attorneys’ fees and costs, whichever is greater, shall be deposited in the fund.
(5)(
a) In the case of a forfeiture action pursuant to s. 895.05, the remainder of the moneys recovered shall be distributed as set forth in s. 895.09.
(6) “Moneys recovered” means damages or penalties or any other monetary payment, including monetary proceeds from property forfeited to the state pursuant to s. 895.05 remaining after satisfaction of any valid claims made pursuant to s. 895.09(1)(a)-(d), which damages, penalties, or other monetary payment is made by any defendant by reason of any decree or settlement in any Racketeer Influenced and Corrupt Organization Act or state or federal antitrust action prosecuted by the Attorney General, but excludes attorney fees and costs.
(7) Any moneys remaining in the fund at the end of any fiscal year in excess of 3 times the amount of the combined budgets for the antitrust, consumer protection, and racketeering sections of the Attorney General’s office for the forthcoming fiscal year shall be transferred to the General Revenue Fund unallocated.
History. — s. 1, ch. 79-301; s. 1, ch. 83-116; s. 2, ch. 84-249; s. 1, ch. 86-277; s. 2, ch. 89-102; ss. 12, 14, ch. 94-316; s. 1, ch. 2013-207; s. 7, ch. 2016-84.
16.535 Legal Services Trust Fund.
(1) There is created in the State Treasury the Legal Services Trust Fund to be used by the Attorney General in providing legal services to agencies on a contractual basis.
(2) State agencies contracting for legal services with the Department of Legal Affairs are authorized to make advance payments on a quarterly basis.
History. — s. 5, ch. 82-196; s. 2, ch. 85-123.
16.54 Florida Crime Prevention Training Institute; revolving trust fund.
(1) There is created within the Department of Legal Affairs the Florida Crime Prevention Training Institute, which shall be a comprehensive program of crime prevention training courses suitable for, and made available to, any interested person.
(2) The department shall establish the curriculum and admission requirements in such a manner as to give priority to those training programs which it determines to have the greatest potential for preventing crime. The department shall provide administrative support services for the institute. The department shall adopt rules and policies for the administration and operation of the institute and fix admission fees in an amount which, in the aggregate, does not exceed the cost of the program; and it may accept donations or grants of any type for any function or purpose of the institute.
(3) There is established within the Department of Legal Affairs the Florida Crime Prevention Training Institute Revolving Trust Fund to be used exclusively for the purposes of this section.
(4) All moneys, fees, donations, or grants collected by the department on behalf of the institute shall be deposited into the Florida Crime Prevention Training Institute Revolving Trust Fund and shall be applied to cover all costs incurred in establishing and conducting the crime prevention training programs authorized under this section, including, but not limited to, salaries for instructors and costs of materials connected with such programs.
History. — s. 1, ch. 82-89; s. 4, ch. 83-217.
16.555 Crime Stoppers Trust Fund; rulemaking.
(1) As used in this section, the term:
(2) The department shall have all the powers necessary or appropriate to carry out the purposes and provisions of this act.
(3) The department shall establish a trust fund for the purpose of grant administration to fund Crime Stoppers and their crime fighting programs within the units of a local government of the state.
(4)(
a) The department shall make applications for all federal and state or private grants which meet the purposes of advancing Crime Stoppers in the State of Florida. Upon securing such grants, the funds shall be deposited in the “Crime Stoppers Trust Fund.”
(5)(
a) The department shall be the disbursing authority for the distribution of funding to units of local government which apply to the department for funding assistance.
(6) The department shall adopt and enforce rules to implement the provisions of this act. Such rules shall include, but shall not be limited to:
History. — ss. 12, 13, ch. 91-205; s. 2, ch. 98-319; s. 8, ch. 2001-380; s. 22, ch. 2002-402; s. 33, ch. 2003-399; s. 25, ch. 2004-269; s. 1, ch. 2006-2; s. 1, ch. 2015-136; s. 3, ch. 2018-3; s. 1, ch. 2019-167.
16.556 Crime Stoppers Trust Fund.
History. — ss. 1, 2, ch. 98-265; s. 2, ch. 2002-102.
16.557 Crime stoppers organizations; disclosure of privileged communications or protected information; civil immunity; use.
(1) As used in this section, the term:
(2)(
a) Except as provided in paragraph (b), a person who knowingly and willfully attempts to obtain, obtains, or discloses a privileged communication, protected information, or information concerning a privileged communication or protected information commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who, in the course and scope of his or her duties or functions, receives, forwards, or acts on a privileged communication is immune from civil liability for damages resulting from
an act or omission in the performance of his or her duties or functions unless the act or omission was intentional or grossly negligent.
History. — s. 2, ch. 2019-167; s. 1, ch. 2021-21.
16.56 Office of Statewide Prosecution.
(1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution. The office shall be a separate “budget entity” as that term is defined in
chapter 216. The office may:
(2) The Attorney General shall appoint a statewide prosecutor from not less than three persons nominated by the judicial nominating commission for the Supreme Court. The statewide prosecutor shall be in charge of the Office of Statewide Prosecution for a term of 4 years to run concurrently with the term of the appointing official. The statewide prosecutor shall be an elector of the state, shall have been a member of The Florida Bar for the preceding 5 years, and shall devote full time to the duties of statewide prosecutor and not engage in the private practice of law.
The Attorney General may remove the statewide prosecutor prior to the end of his or her term. A vacancy in the position of statewide prosecutor shall be filled within 60 days. During the period of any vacancy, the Attorney General shall exercise all the powers and perform all the duties of the statewide prosecutor. A person appointed statewide prosecutor is prohibited from running for or accepting appointment to any state office for a period of 2 years following vacation of office.
The statewide prosecutor shall on March 1 of each year report in writing to the Governor and the Attorney General on the activities of the office for the preceding year and on the goals and objectives for the next year.
(3) The statewide prosecutor may conduct hearings at any place in the state; summon and examine witnesses; require the production of physical evidence; sign informations, indictments, and other official documents; confer immunity; move the court to reduce the sentence of a person convicted of drug trafficking who provides substantial assistance; attend to and serve as the legal adviser to the statewide grand jury; and exercise such other powers as by law are granted to state attorneys. The statewide prosecutor may designate one or more assistants to exercise any such powers.
(4) It is the intent of the Legislature that in carrying out the duties of this office, the statewide prosecutor shall, whenever feasible, use sworn investigators employed by the Department of Law Enforcement, and may request the assistance, where appropriate, of sworn investigators employed by other law enforcement agencies.
History. — ss. 1, 9, ch. 85-179; s. 1, ch. 90-12; s. 1, ch. 92-108; s. 4, ch. 93-212; s. 51, ch. 95-147; s. 5, ch. 95-427; s. 8, ch. 96-252; s. 6, ch. 96-260; s. 69, ch. 96-388; s. 3, ch. 97-78; s. 12, ch. 2001-54; s. 30, ch. 2003-155; s. 8, ch. 2004-73; s. 1, ch. 2004-344; s. 6, ch. 2004-391; s. 9, ch. 2005-209; s. 73, ch. 2005-277; s. 2, ch. 2007-143; s. 1, ch. 2009-242; s. 1, ch. 2012-97; s. 7, ch. 2013-2; s. 1, ch. 2015-92; s. 5, ch. 2016-84; s. 50, ch. 2016-105; s. 1, ch. 2017-173; s. 1, ch. 2021-221; ss. 1, 16, ch. 2021-269.
16.57 Office of Civil Rights.
History. — s. 5, ch. 91-74; s. 3, ch. 2003-396.
16.59 Medicaid fraud control.
History. — s. 2, ch. 94-251; s. 1, ch. 96-331; s. 1, ch. 2002-400; s. 6, ch. 2010-144; s. 7, ch. 2016-165.
16.60 Public records mediation program within the Office of the Attorney General; creation; duties.
(1) As used in this section, “mediation” means a process whereby a neutral third person, called the mediator, acts to encourage and facilitate the resolution of a dispute between two or more parties. It is a formal, nonadversarial process that has the objective of helping the disputing parties reach a mutually acceptable, voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.
(2) The public records mediation program is created within the Office of the Attorney General.
(3) The Office of the Attorney General shall:
(4) This
section is intended to provide a method for resolving disputes relating to public records, and is intended to be supplemental to, not a substitution for, the other powers given to the Attorney General by law.
History. — s. 4, ch. 95-296; s. 3, ch. 2000-158; s. 2, ch. 2000-324; s. 13, ch. 2012-116.
16.615 Council on the Social Status of Black Men and Boys.
(1) The Council on the Social Status of Black Men and Boys is established within the Department of Legal Affairs and shall consist of 19 members appointed as follows:
(2) Each member of the council shall be appointed to a 4-year term; however, for the purpose of providing staggered terms, of the initial appointments, 9 members shall be appointed to 2-year terms and 10 members shall be appointed to 4-year terms. A member of the council may be removed at any time by the member’s appointing authority who shall fill the vacancy on the council.
(3)(
a) At the first meeting of the council each year, the members shall elect a chair and a vice chair.
(4)(
a) The council shall make a systematic study of the conditions affecting black men and boys, including, but not limited to, homicide rates, arrest and incarceration rates, poverty, violence, drug abuse, death rates, disparate annual income levels, school performance in all grade levels including postsecondary levels, and health issues.
(5) The council may:
(6) The Office of the Attorney General shall provide staff and administrative support to the council.
(7) The council shall meet quarterly and at other times at the call of the chair or as determined by a majority of council members and approved by the Attorney General.
(8) Eleven of the members of the council constitute a quorum, and an affirmative vote of a majority of the members present is required for final action.
(10) Members of the council shall serve without compensation. Members are entitled to reimbursement for per diem and travel expenses as provided in s. 112.061. State officers and employees shall be reimbursed from the budget of the agency through which they serve. Other members may be reimbursed by the Department of Legal Affairs.
(12) Each member of the council who is not otherwise required to file a financial disclosure statement pursuant to s. 8, Art. II of the State Constitution or s. 112.3144, must file a disclosure of financial interests pursuant to s. 112.3145.
History. — s. 1, ch. 2006-123; s. 2, ch. 2008-6; s. 1, ch. 2008-130; s. 39, ch. 2011-142; s. 3, ch. 2014-19; s. 1, ch. 2019-3; s. 18, ch. 2019-4; s. 17, ch. 2021-25.
16.617 Statewide Council on Human Trafficking; creation; membership; duties.
(1) CREATION. —
(2) MEMBERSHIP. —
(3) ORGANIZATION AND SUPPORT. —
(4) DUTIES. —
(5) REPORT. —
History. — s. 9, ch. 2014-161; s. 1, ch. 2017-155.
16.618 Direct-support organization.
(1) The Department of Legal Affairs shall establish a direct-support organization to provide assistance, funding, and support to the Statewide Council on Human Trafficking and to assist in the fulfillment of the council’s purposes. The direct-support organization must be:
(2) The direct-support organization shall operate under written contract with the department. The contract must provide for all of the following:
(3) The board of directors of the direct-support organization shall consist of 13 members. Each member of the board of directors shall be appointed to a 4-year term; however, for the purpose of providing staggered terms, the appointees of the President of the Senate and the appointees of the Speaker of the House of Representatives shall each initially be appointed to 2-year terms, and the Attorney General shall initially appoint 2 members to serve 2-year terms. All subsequent appointments shall be for 4-year terms.
Any vacancy that occurs must be filled in the same manner as the original appointment and is for the unexpired term of that seat. The board of directors shall be appointed as follows:
(4)(
a) The direct-support organization may contract with the Florida Forensic Institute for Research, Security, and Tactics to develop the training and information as required by this subsection.
(5) In conjunction with the Statewide Council on Human Trafficking, and funded exclusively by the direct-support organization, the direct-support organization shall form strategic partnerships to foster the development of community and private sector resources to advance the goals of the council.
(6) The direct-support organization shall consider the participation of counties and municipalities in this state which demonstrate a willingness to participate and an ability to be successful in any programs funded by the direct-support organization.
(7)(
a) The department may authorize the appropriate use without charge of the department’s property, facilities, and personnel by the direct-support organization. The use must be for the approved purposes of the direct-support organization and may not be made at times or places that would unreasonably interfere with opportunities for the general public to use departmental facilities.
(8)(
a) The direct-support organization may conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the council or designated program.
(9) A departmental employee, a direct-support organization or council employee, a volunteer, or a director of a designated program may not:
(10) All moneys received by the direct-support organization shall be deposited into an account of the direct-support organization and shall be used in a manner consistent with the goals of the council or designated program.
(11) The department may terminate its agreement with the direct-support organization at any time if the department determines that the direct-support organization does not meet the objectives of this section.
(12) This
section is repealed October 1, 2024, unless reviewed and saved from repeal by the Legislature.
History. — s. 1, ch. 2019-152; s. 2, ch. 2020-2.
16.62 Recognition and awards.
History. — s. 2, ch. 2015-92.
16.71 Florida Gaming Control Commission; creation; meetings; membership.
(1) CREATION; MEETINGS. —
(2) MEMBERSHIP. —
(3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS. —
(4) EXECUTIVE DIRECTOR. —
(5) INSPECTOR GENERAL. —
History. — s. 2, ch. 2021-269.
16.711 Division of Gaming Enforcement; creation; duties.
(1) There is created within the Florida Gaming Control Commission a Division of Gaming Enforcement. The Division of Gaming Enforcement shall be considered a criminal justice agency as defined in s. 943.045.
(2) The commissioners shall appoint a director of the Division of Gaming Enforcement who is qualified by training and experience in law enforcement or security to supervise, direct, coordinate, and administer all activities of the division.
(3) The director and all investigators employed by the division must meet the requirements for employment and appointment provided by s. 943.13 and must be certified as law enforcement officers as defined in s. 943.10(1). The director and such investigators shall be designated law enforcement officers and shall have the power to detect, apprehend, and arrest for any alleged violation of
chapter 24,
part II of
chapter 285,
chapter 546,
chapter 550,
chapter 551, or
chapter 849, or any rule adopted pursuant thereto, or any law of this state. Such law enforcement officers may enter upon any premises at which gaming activities are taking place in the state for the performance of their lawful duties and may take with them any necessary equipment, and such entry does not constitute a trespass. In any instance in which there is reason to believe that a violation has occurred, such officers have the authority, without warrant, to search and inspect any premises where the violation is alleged to have occurred or is occurring.
Any such officer may, consistent with the United States and Florida Constitutions, seize or take possession of any papers, records, tickets, currency, or other items related to any alleged violation. Investigators employed by the commission shall also have access to, and shall have the right to inspect, premises licensed by the commission, to collect taxes and remit them to the officer entitled to them, and to examine the books and records of all persons licensed by the commission.
(4)(
a) The division and its investigators are specifically authorized to seize any contraband in accordance with the Florida Contraband Forfeiture Act. For purposes of this section, the term “contraband” has the same meaning as the term “contraband article” in s. 932.701(2)(a)2.
(5) The Department of Law Enforcement shall provide assistance in obtaining criminal history information relevant to investigations required for honest, secure, and exemplary gaming operations, and such other assistance as may be requested by the executive director of the commission and agreed to by the executive director of the Department of Law Enforcement. Any other state agency, including the Department of Business and Professional Regulation and the Department of Revenue, shall, upon request, provide the commission with any information relevant to any investigation conducted pursuant to this section.
The commission shall reimburse any agency for the actual cost of providing any assistance pursuant to this subsection.
History. — s. 3, ch. 2021-269.
16.712 Florida Gaming Control Commission authorizations, duties, and responsibilities.
(1) The commission shall do all of the following:
(2)(
a) The commission may adopt rules to implement this section.
(3) By December 1 of each year, the commission shall make an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must, at a minimum, include all of the following:
(4) The commission shall annually develop a legislative budget request pursuant to
chapter 216. Such request is not subject to change by the Department of Legal Affairs or the Attorney General, but shall be submitted by the Department of Legal Affairs to the Governor for transmittal to the Legislature.
(5) The commission is authorized to contract or consult with appropriate agencies of state government for such professional assistance as may be needed in the discharge of its duties.
(6) The commission shall exercise all of its regulatory and executive powers and shall adopt, apply, construe, and interpret all laws and administrative rules in a manner consistent with the gaming compact ratified, approved, and described in s. 285.710(3).
(7) The commission shall confirm, prior to the issuance of an operating license, that each permitholder has submitted proof with their annual application for a license, in such a form as the commission may require, that the permitholder continues to possess the qualifications prescribed by
chapter 550, and that the permit has not been disapproved by voters in an election.
History. — s. 4, ch. 2021-269.
16.713 Florida Gaming Control Commission; appointment and employment restrictions.
(1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION. —
(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE COMMISSION. —
(3) PERSONS INELIGIBLE FOR EMPLOYMENT WITH THE COMMISSION. —
(4) NOTIFICATION REQUIREMENTS. —
History. — s. 5, ch. 2021-269.
16.714 Florida Gaming Control Commission background screening requirements; investigations by the Division of Gaming Enforcement.
(1) LEVEL 2 BACKGROUND SCREENINGS. —
(2) LEVEL 1 BACKGROUND SCREENINGS. —
(3) INVESTIGATIONS. —
History. — s. 6, ch. 2021-269.
16.715 Florida Gaming Control Commission standards of conduct; ex parte communications.
(1) STANDARDS OF CONDUCT. —
(2) FORMER COMMISSIONERS AND EMPLOYEES. —
(3) EX PARTE COMMUNICATIONS. —
History. — s. 7, ch. 2021-269.
16.716 Florida Gaming Control Commission public records and public meetings exemptions.
(1)(
a) Any information obtained by the Florida Gaming Control Commission which is exempt or confidential and exempt from s. 119.07(1) or s. 24(a), Art. I of the State Constitution shall retain its exempt or confidential and exempt status. The information may be released by the commission, upon written request, to an agency, as defined in s. 119.011, or a governmental entity in the performance of the commission’s official duties and responsibilities. An agency or a governmental entity receiving such information from the commission shall maintain the exempt or confidential and exempt status of the information.
(2) This
section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and is repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.
History. — s. 1, ch. 2021-270.