Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 5201      PCB SAT 24-01 Trust Funds/Federal Law Enforcement Trust Fund/FGCC
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Busatta Cabrera
TIED BILLS:       IDEN./SIM. BILLS:
  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF
  Orig. Comm.: State Administration & Technology              12 Y, 0 N               Helpling           Topp
     Appropriations Subcommittee
  1) Appropriations Committee                                 28 Y, 0 N               Helpling           Pridgeon
                                               SUMMARY ANALYSIS
The bill conforms current law to the proposed House of Representatives’ Fiscal Year 2024-2025 General
Appropriation Act (GAA). The Florida Gaming Control Commission (Commission) may use the trust fund
created in the bill to deposit funds collected through gaming enforcement activities. The use of the funds may
be requested in the commission’s Legislative Budget Request which must be approved by the Legislature and
included in the General Appropriations Act.
Section 16.71, F.S., establishes the Commission, within the Department of Legal Affairs (DLA). The
commission is a separate budget entity and the commissioners serve as the agency head for all purposes. The
commission is not subject to control, supervision, or direction by DLA.
The Division of Gaming Enforcement (DGE) is created within the commission. The DGE is considered a
criminal justice agency. The DGE and its investigators are authorized to seize any contraband in accordance
with the Florida Contraband Forfeiture Act. Contraband includes any equipment, gambling device, apparatus,
material of gaming, proceeds, substituted proceeds, real or personal property, Internet domain name, gambling
paraphernalia, lottery tickets, money, currency, or other means of exchange which was obtained, received,
used, attempted to be used, or intended to be used in violation of the gambling laws of the state.
The Commission does not currently have an established Federal Law Enforcement Trust Fund to deposit
revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and
revenues received from federal asset-sharing programs.
The bill creates a Federal Law Enforcement Trust Fund within the Commission. The bill states that the
Commission may deposit into the trust fund receipts and revenues received as a result of federal criminal,
administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing
programs.
The bill takes effect July 1, 2024.
The bill does not indirectly impact state revenues or expenditures. See Fiscal Comments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h5201a.APC
DATE: 1/31/2024
                                                         FULL ANALYSIS
                                                 I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Background
         Florida Gaming Control Commission
         Section 16.71, F.S., establishes the Florida Gaming Control Commission (Commission), within the
         Department of Legal Affairs (DLA). The Commission is a separate budget entity and the commissioners
         serve as the agency head for all purposes. The Commission is not subject to control, supervision, or
         direction by DLA.
         The Division of Gaming Enforcement (DGE) is created within the Commission, and requires the
         commissioners to appoint a director of the DGE who is qualified by training and experience in law
         enforcement or security to supervise, direct, coordinate, and administer all activities of the DGE. The
         DGE is considered a criminal justice agency within the definition of s. 943.045, F.S.1 The DGE director
         and all investigators employed by DGE are designated law enforcement officers and 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, F.S., or any rule adopted pursuant thereto, or any law of
         this state.2
         DGE law enforcement officers are authorized to 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.3 In any instance in which there is reason to believe that a violation has occurred,
         DGE law enforcement officers have the authority, without warrant, to search and inspect any premises
         where the violation is alleged to have occurred or is occurring, and 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.
         DGE and its investigators are authorized to seize any contraband in accordance with the Florida
         Contraband Forfeiture Act. Contraband includes any equipment, gambling device, apparatus, material
         of gaming, proceeds, substituted proceeds, real or personal property, Internet domain name, gambling
         paraphernalia, lottery tickets, money, currency, or other means of exchange which was obtained,
         received, used, attempted to be used, or intended to be used in violation of the gambling laws of the
         state.4
         Federal Law Enforcement Trust Funds
         Multiple state agencies responsible for law enforcement have Federal Law Enforcement Trust Funds
         that have been statutorily created for various deposits related to criminal, administrative and civil
         forfeiture proceedings. Some of the agencies include the Department of Law Enforcement, 5 the
         Department of Financial Services,6 the Department of Business and Professional Regulation, 7 the
1 Section 119.01(4), F.S., defines a “criminal justice agency” to mean any law enforcement agency, court, or prosecutor; any ot her
agency charged by law with criminal law enforcement duties; any agency having custody of criminal intelligence information or
criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active crimin al
investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act,
during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant
to their criminal law enforcement duties; or the Department of Corrections.
2 S. 16.711(3), F.S.
3 Id.
4 S. 932.701(2)(a)2, F.S.
5 S. 943.365, F.S.
6 S. 17.43, F.S.
7 S. 561.027, F.S.
STORAGE NAME: h5201a.APC                                                                                                       PAGE: 2
DATE: 1/31/2024
         Department of Agriculture and Consumer Services, 8 the Department of Military Affairs,9 and the
         Department of Highway Safety and Motor Vehicles.10
         The Commission does not currently have an established Federal Law Enforcement Trust Fund to
         deposit revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings
         and receipts and revenues received from federal asset-sharing programs.
         Effect of the Bill:
         The bill creates a Federal Law Enforcement Trust Fund within the Commission. The bill states that the
         Commission may deposit into the trust fund receipts and revenues received as a result of federal
         criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal
         asset-sharing programs. Further, the bill states that funds deposited into the trust fund may be used for
         the operation of the Commission.
         The bill takes effect July 1, 2024.
    B. SECTION DIRECTORY:
         Section 1:       creates s. 16.717, F.S., creating the Federal Law Enforcement Trust Fund within the
                          Florida Gaming Control Commission.
         Section 2:       provides an effective date of July 1, 2024.
                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
    A. FISCAL IMPACT ON STATE GOVERNMENT:
         1. Revenues:
              See Fiscal Comments.
         2. Expenditures:
              See Fiscal Comments.
    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
         1. Revenues:
              None.
         2. Expenditures:
              None.
    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.
    D. FISCAL COMMENTS:
8 S. 570.205, F.S.
9 S. 250.175, F.S.
10 S. 932.705, F.S.
STORAGE NAME: h5201a.APC                                                                                      PAGE: 3
DATE: 1/31/2024
       The bill does not directly impact state revenues or expenditures. However, the creation of the trust fund
       will allow funds that are acquired through the Commission’s gaming enforcement activities to be
       deposited by the Commission. Once there are sufficient funds within the trust fund, the Commission
       may request budget authority to use the funds as part of their Legislative Budget Request.
                                               III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       1. Applicability of Municipality/County Mandates Provision:
          None.
       2. Other:
          None.
   B. RULE-MAKING AUTHORITY:
       None.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h5201a.APC                                                                                  PAGE: 4
DATE: 1/31/2024