Bill Summary – FastDemocracy

       ENROLLED
       2022 Legislature                          SB 2510, 1st Engrossed






                                                             20222510er

       An act relating to the Florida Gaming Control
       Commission; amending s. 16.71, F.S.; deleting a
       requirement that a commissioner be appointed from each
       appellate district; requiring the commission to
       administer the Pari-mutuel Wagering Trust Fund;
       amending s. 16.713, F.S.; exempting certain state
       agency employees who are registered lobbyists from the
       prohibition against being appointed to or employed by
       the commission; amending s. 120.80, F.S.; exempting
       the commission from certain hearing and notice
       requirements; requiring the commission to adopt rules;
       deleting obsolete language; amending s. 455.116, F.S.;
       deleting obsolete language; amending s. 550.135, F.S.;
       deleting a provision requiring that a proportionate
       share of certain funds be used for certain purposes
       relating to the Department of Business and
       Professional Regulation; removing the requirement that
       certain funds be deposited in the General Revenue
       Fund; deleting provisions requiring that certain funds
       be used or reserved to fund slot machine regulation
       operations; conforming provisions to changes made by
       the act; amending s. 551.106, F.S.; requiring the
       commission to evaluate slot license fees and make
       specified recommendations to the Legislature before a
       specified date; amending s. 849.094, F.S.; revising
       applicability for game promotions in connection with
       the sale of consumer products or services; amending
       ss. 550.0251, 550.24055, and 849.086, F.S.; conforming
       provisions; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âParagraph (a) of subsection (2) of section
16.71, Florida Statutes, is amended, and subsection (6) is added
to that section, to read:
       16.71âFlorida Gaming Control Commission; creation;
meetings; membership.â
       (2)âMEMBERSHIP.â
       (a)âThe commission shall consist of five members appointed
by the Governor, and subject to confirmation by the Senate, for
terms of 4 years. Members of the commission must be appointed by
January 1, 2022. The Governor shall consider appointees who
reflect Floridaâs racial, ethnic, and gender diversity. Of the
initial five members appointed by the Governor, and immediately
upon appointment, the Governor shall appoint one of the members
as the initial chair and one of the members as the initial vice
chair. At the end of the initial chairâs and vice chairâs terms
pursuant to subparagraph 1., the commission shall elect one of
the members of the commission as chair and one of the members of
the commission as vice chair.
       1.âFor the purpose of providing staggered terms, of the
initial appointments, two members shall be appointed to 4-year
terms, two members shall be appointed to 3-year terms, and one
member shall be appointed to a 2-year term.
       2.âOf the five members, at least one member must have at
least 10 years of experience in law enforcement and criminal
investigations, at least one member must be a certified public
accountant licensed in this state with at least 10 years of
experience in accounting and auditing, and at least one member
must be an attorney admitted and authorized to practice law in
this state for at least the preceding 10 years.
       3.âOf the five members, each appellate district shall have
one member appointed from the district to the commission who is
a resident of the district at the time of the original
appointment.
       (6)âPARI-MUTUEL WAGERING TRUST FUND.âThe commission shall
administer the Pari-mutuel Wagering Trust Fund.
       Section 2.âParagraph (a) of subsection (2) of section
16.713, Florida Statutes, is amended to read:
       16.713âFlorida Gaming Control Commission; appointment and
employment restrictions.â
       (2)âPROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
COMMISSION.â
       (a)âA person may not, for the 2 years immediately preceding
the date of appointment to or employment with the commission and
while appointed to or employed with the commission:
       1.âHold a permit or license issued under chapter 550 or a
license issued under chapter 551 or chapter 849; be an officer,
official, or employee of such permitholder or licensee; or be an
ultimate equitable owner, as defined in s. 550.002(37), of such
permitholder or licensee;
       2.âBe an officer, official, employee, or other person with
duties or responsibilities relating to a gaming operation owned
by an Indian tribe that has a valid and active compact with the
state; be a contractor or subcontractor of such tribe or an
entity employed, licensed, or contracted by such tribe; or be an
ultimate equitable owner, as defined in s. 550.002(37), of such
entity;
       3.âBe a registered lobbyist for the executive or
legislative branch, except while a commissioner or employee of
the commission when officially representing the commission or
unless the person registered as a lobbyist for the executive or
legislative branch while employed by a state agency as defined
in s. 110.107 during the normal course of his or her employment
with such agency and he or she has not lobbied on behalf of any
entity other than a state agency during the 2 years immediately
preceding the date of his or her appointment to or employment
with the commission; or
       4.âBe a bingo game operator or an employee of a bingo game
operator.

For the purposes of this subsection, the term ârelativeâ means a
spouse, father, mother, son, daughter, grandfather, grandmother,
brother, sister, uncle, aunt, cousin, nephew, niece, father-in
law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, or half-sister.
       Section 3.âSubsection (4) of section 120.80, Florida
Statutes, is amended, and subsection (19) is added to that
section, to read:
       120.80âExceptions and special requirements; agencies.â
       (4)âDEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.â
       (a)âBusiness regulation.âThe Division of Pari-mutuel
Wagering is exempt from the hearing and notice requirements of
ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
boards of judges when the hearing is to be held for the purpose
of the imposition of fines or suspensions as provided by rules
of the Division of Pari-mutuel Wagering, but not for
revocations, and only upon violations of subparagraphs 1.-6. The
Division of Pari-mutuel Wagering shall adopt rules establishing
alternative procedures, including a hearing upon reasonable
notice, for the following violations:
       1.âHorse riding, harness riding, greyhound interference,
and jai alai game actions in violation of chapter 550.
       2.âApplication and usage of drugs and medication to horses,
greyhounds, and jai alai players in violation of chapter 550.
       3.âMaintaining or possessing any device which could be used
for the injection or other infusion of a prohibited drug to
horses, greyhounds, and jai alai players in violation of chapter
550.
       4.âSuspensions under reciprocity agreements between the
Division of Pari-mutuel Wagering and regulatory agencies of
other states.
       5.âAssault or other crimes of violence on premises licensed
for pari-mutuel wagering.
       6.âPrearranging the outcome of any race or game.
       (b)âProfessional regulation.âNotwithstanding s.
120.57(1)(a), formal hearings may not be conducted by the
Secretary of Business and Professional Regulation or a board or
member of a board within the Department of Business and
Professional Regulation for matters relating to the regulation
of professions, as defined by chapter 455.
       (19)âFLORIDA GAMING CONTROL COMMISSION.âThe Florida Gaming
Control Commission is exempt from the hearing and notice
requirements of ss. 120.569 and 120.57(1)(a), but only for
stewards, judges, and boards of judges when the hearing is to be
held for the purpose of the imposition of fines or suspensions
as provided by rules of the commission, but not for revocations,
and only upon violations of paragraphs (a)-(f). The commission
shall adopt rules establishing alternative procedures, including
a hearing upon reasonable notice, for the following violations:
       (a)âHorse riding, harness riding, and jai alai game actions
in violation of chapter 550.
       (b)âApplication and usage of drugs and medication to horses
and jai alai players in violation of chapter 550.
       (c)âMaintaining or possessing any device which could be
used for the injection or other infusion of a prohibited drug to
horses and jai alai players in violation of chapter 550.
       (d)âSuspensions under reciprocity agreements between the
commission and regulatory agencies of other states.
       (e)âAssault or other crimes of violence on premises
licensed for pari-mutuel wagering.
       (f)âPrearranging the outcome of any race or game.
       Section 4.âSubsection (6) of section 455.116, Florida
Statutes, is amended to read:
       455.116âRegulation trust funds.âThe following trust funds
shall be placed in the department:
       (6)âPari-mutuel Wagering Trust Fund.
       Section 5.âSection 550.135, Florida Statutes, is amended to
read:
       550.135âDivision of moneys derived under this law.âAll
moneys that are deposited with the Chief Financial Officer to
the credit of the Pari-mutuel Wagering Trust Fund shall be
distributed as follows:
       (1)âThe daily license fee revenues collected pursuant to s.
550.0951(1) shall be used to fund the operating cost of the
commission division and to provide a proportionate share of the
operation of the office of the secretary and the Division of
Administration of the Department of Business and Professional
Regulation; however, other collections in the Pari-mutuel
Wagering Trust Fund may also be used to fund the operation of
the commission division in accordance with authorized
appropriations.
       (2)âAll unappropriated funds in excess of $1.5 million in
the Pari-mutuel Wagering Trust Fund, collected pursuant to this
chapter, shall be deposited with the Chief Financial Officer to
the credit of the General Revenue Fund.
       (3)âThe slot machine license fee, the slot machine
occupational license fee, and the compulsive or addictive
gambling prevention program fee collected pursuant to ss.
551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
direct and indirect operating expenses of the commissionâs
divisionâs slot machine regulation operations and to provide
funding for relevant enforcement activities in accordance with
authorized appropriations. Funds deposited into the Pari-mutuel
Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
and 551.118 shall be reserved in the trust fund for slot machine
regulation operations. On June 30, any unappropriated funds in
excess of those necessary for incurred obligations and
subsequent year cash flow for slot machine regulation operations
shall be deposited with the Chief Financial Officer to the
credit of the General Revenue Fund.
       Section 6.âParagraph (b) of subsection (1) of section
551.106, Florida Statutes, is amended to read:
       551.106âLicense fee; tax rate; penalties.â
       (1)âLICENSE FEE.â
       (b)âBefore Prior to January 1, 2026 2007, the commission
division shall evaluate the license fee and shall make
recommendations to the President of the Senate and the Speaker
of the House of Representatives regarding the optimum level of
slot machine license fees in order to adequately support the
slot machine regulatory program.
       Section 7.âSubsection (10) of section 849.094, Florida
Statutes, is amended to read:
       849.094âGame promotion in connection with sale of consumer
products or services.â
       (10)âThis section does not apply to actions or transactions
regulated by the Department of Business and Professional
Regulation or the Florida Gaming Control Commission or to the
activities of nonprofit organizations or to any other
organization engaged in any enterprise other than the sale of
consumer products or services. Subsections (3), (4), (5), (6),
and (7) and paragraph (8)(a) and any of the rules made pursuant
thereto do not apply to television or radio broadcasting
companies licensed by the Federal Communications Commission.
       Section 8.âSubsection (5) of section 550.0251, Florida
Statutes, is amended to read:
       550.0251âThe powers and duties of the Florida Gaming
Control Commission Division of Pari-mutuel Wagering of the
Department of Business and Professional Regulation.âThe
commission division shall administer this chapter and regulate
the pari-mutuel industry under this chapter and the rules
adopted pursuant thereto, and:
       (5)âThe commission division may adopt rules establishing
procedures for testing occupational licenseholders officiating
at or participating in any race or game at any pari-mutuel
facility under the jurisdiction of the commission division for a
controlled substance or alcohol and may prescribe procedural
matters not in conflict with s. 120.80(19) s. 120.80(4)(a).
       Section 9.âSubsection (4) of section 550.24055, Florida
Statutes, is amended to read:
       550.24055âUse of controlled substances or alcohol
prohibited; testing of certain occupational licensees; penalty;
evidence of test or action taken and admissibility for criminal
prosecution limited.â
       (4)âThe provisions of s. 120.80(19) s. 120.80(4)(a) apply
to all actions taken by the stewards, judges, or board of judges
pursuant to this section without regard to the limitation
contained therein.
       Section 10.âParagraph (g) of subsection (13) of section
849.086, Florida Statutes, is amended to read:
       849.086âCardrooms authorized.â
       (13)âTAXES AND OTHER PAYMENTS.â
       (g)âAll of the moneys deposited in the Pari-mutuel Wagering
Trust Fund, except as set forth in paragraph (h), shall be
utilized and distributed in the manner specified in s.
550.135(1) and (2). However, cardroom tax revenues shall be kept
separate from pari-mutuel tax revenues and shall not be used for
making the disbursement to counties provided in former s.
550.135(1).
       Section 11.âThis act shall take effect July 1, 2022.
Statutes affected: 
S 2510 Filed: 16.71, 16.713, 120.80, 455.116, 550.135, 551.106, 849.094, 550.0251, 550.24055, 849.086
S 2510 e1: 16.71, 16.713, 120.80, 455.116, 550.135, 551.106, 849.094, 550.0251, 550.24055, 849.086
S 2510 er: 16.71, 16.713, 120.80, 455.116, 550.135, 551.106, 849.094, 550.0251, 550.24055, 849.086