Bill Text: FL S0576 | 2011 | Regular Session | Introduced
Bill Title: Gambling Devices
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0576 Detail]
Download: Florida-2011-S0576-Introduced.html
Florida Senate - 2011 SB 576
By Senator Oelrich
14-00838-11 2011576__
1 A bill to be entitled
2 An act relating to gambling devices; creating s.
3 849.162, F.S.; creating the “Electronic Machines and
4 Devices for Sweepstakes Prohibited Act”; providing
5 legislative findings and intent; providing
6 definitions; prohibiting operation of an electronic
7 device to conduct a sweepstakes through the use of an
8 entertaining display or to promote such a sweepstakes;
9 providing penalties; providing intent; providing for
10 construction; amending s. 849.0935, F.S.; revising
11 conditions for exceptions to provisions relating to
12 drawings by chance conducted by certain organizations;
13 amending s. 849.094, F.S., relating to game promotion
14 in connection with sale of consumer products or
15 services; revising the definition of the term “game
16 promotion” to prohibit the use of a machine, computer,
17 or other electronic or mechanical device; limiting the
18 power of the Department of Agriculture and Consumer
19 Services to adopt rules concerning the operation of
20 game promotions; providing for construction; amending
21 s. 849.15, F.S.; prohibiting production, possession,
22 or distribution of, permitting possession or use of,
23 or offering to provide any gambling apparatus or any
24 part thereof that is otherwise prohibited from
25 operation or possession; amending s. 849.16, F.S.;
26 providing that described machines or devices are
27 subject to specified provisions for gambling; amending
28 s. 849.161, F.S.; revising provisions for amusement
29 games or machines excluded from application of
30 specified provisions relating to gambling; revising
31 provisions for exceptions to such exclusions; defining
32 the term “skill”; amending s. 895.02, F.S.; revising
33 the definition of the term “racketeering activity” to
34 include violations of the act; providing for
35 construction; reenacting s. 721.111(2), F.S., relating
36 to prize and gift promotional offers, to incorporate
37 in a cross-reference changes made by the act;
38 reenacting s. 338.234(1), F.S., relating to granting
39 concessions or selling along the turnpike system, to
40 incorporate in a cross-reference changes made by the
41 act; reenacting s. 849.19, F.S., relating to property
42 rights in confiscated machine, to incorporate in a
43 cross-reference changes made by the act; reenacting s.
44 16.56(1)(a), F.S., relating to the Office of Statewide
45 Prosecution, to incorporate in a cross-reference
46 changes made by the act; reenacting s. 655.50(3)(g),
47 F.S., relating to control of money laundering in
48 financial institutions, to incorporate in a cross
49 reference changes made by the act; reenacting s.
50 896.101(2)(g), F.S., relating to money laundering, to
51 incorporate in a cross-reference changes made by the
52 act; reenacting s. 905.34(3), F.S., relating to
53 jurisdiction of a statewide grand jury, to incorporate
54 in a cross-reference changes made by the act;
55 providing an effective date.
56
57 WHEREAS, the State of Florida has specifically prohibited
58 gambling in section 849.08, Florida Statutes, and
59 WHEREAS, the State of Florida has specifically prohibited
60 slot machines in section 849.15, Florida Statutes, and
61 WHEREAS, the State of Florida has specifically defined slot
62 machines and gambling devices in section 849.16, Florida
63 Statutes, and
64 WHEREAS, beginning on or around the year 2004, various
65 companies developed electronic machines and devices to enable
66 gambling through pretextual sweepstakes relationships with
67 Internet services, telephone cards, and other products, and
68 WHEREAS, such electronic sweepstakes systems using video
69 gambling machines and other similar simulated game play create
70 the same encouragement of vice and dissipation as other forms of
71 gambling, in particular slot machines and video poker which
72 encourage repeated play, even when purportedly used as a
73 marketing technique, NOW, THEREFORE,
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Section 849.162, Florida Statutes, is created to
78 read:
79 849.162 Sweepstakes devices.—
80 (1) This section may be cited as the “Electronic Machines
81 and Devices for Sweepstakes Prohibited Act.”
82 (2) The Legislature finds that there is a compelling state
83 interest in addressing the deleterious effects caused to society
84 as a result of the proliferation of electronic machines and
85 devices used for sweepstakes gambling. The Legislature declares
86 that it is the intent of this section to prohibit the use of
87 such devices.
88 (3) As used in this section, the term:
89 (a) “Electronic machine or device” means a mechanically,
90 electrically, or electronically operated machine or device that
91 is intended to be used by a sweepstakes entrant and is capable
92 of displaying information on a screen or other mechanism. This
93 section is applicable to an electronic machine or device whether
94 or not:
95 1. It is server-based.
96 2. It uses a simulated game terminal as a representation of
97 the prizes associated with the results of the sweepstakes
98 entries.
99 3. It uses software such that the simulated game influences
100 or determines the winning or value of the prize.
101 4. It selects prizes from a predetermined finite pool of
102 entries.
103 5. It uses a mechanism that reveals the content of a
104 predetermined sweepstakes entry.
105 6. It predetermines the prize results and stores those
106 results to be revealed at a later time.
107 7. It uses software to create a game result.
108 8. It requires deposit of any money, coin, or token or the
109 use of any credit card, debit card, prepaid card, or other
110 method of payment to activate the electronic machine or device.
111 9. It requires direct payment into the electronic machine
112 or device or remote activation of the electronic machine or
113 device.
114 10.a. It requires purchase of a related product.
115 b. The related product, if any, has legitimate value.
116 11. It reveals the prize incrementally even though it may
117 not influence if a prize is awarded or the value of any prize
118 awarded.
119 12. It determines and associates the prize with an entry or
120 entries at the time the sweepstakes is entered.
121 13. It is a slot machine or other form of electrical or
122 mechanical machine or computer game.
123 (b) “Enter” or “entry” means the act or process by which a
124 person becomes eligible to receive any prize offered in a
125 sweepstakes.
126 (c) “Entertaining display” means visual information capable
127 of being seen by a sweepstakes entrant which takes the form of
128 actual game play or simulated game play, such as, by way of
129 illustration and not exclusion:
130 1. A video poker game or any other kind of video card game.
131 2. A video bingo game.
132 3. A video craps game.
133 4. A video keno game.
134 5. A video lotto game.
135 6. Eight liner.
136 7. Pot-of-gold.
137 8. A video game based on or involving the random or chance
138 matching of different pictures, words, numbers, or symbols not
139 dependent on the skill or dexterity of the player.
140 9. Any other video game not dependent on skill or dexterity
141 that is played while revealing a prize as the result of an entry
142 into a sweepstakes.
143 (d) “Prize” means any gift, award, gratuity, good, service,
144 credit, or anything else of value, which may be transferred to a
145 person, whether possession of the prize is actually transferred
146 or placed on an account or other record as evidence of the
147 intent to transfer the prize.
148 (e) “Skill” means that the outcome is not based on chance
149 or is not unpredictable to the player or is an outcome in which
150 the player or patron is able to select a specific outcome in
151 advance of actual play and then, by use of eye-hand
152 coordination, physical dexterity, speed, or accuracy, employ or
153 manipulate the game’s controls in such a way as to catch,
154 capture, or achieve the preselected outcome in at least 51
155 percent of 20 contiguous iterations of game play.
156 (f) “Sweepstakes” means any game, advertising scheme or
157 plan, or other promotion that, with or without payment of any
158 consideration, a person may enter to win or become eligible to
159 receive any prize, the determination of which is not determined
160 by skill.
161 (4) Notwithstanding any other provision of this chapter, a
162 person may not operate, maintain, or place into operation an
163 electronic machine or device to do either of the following:
164 (a) Conduct a sweepstakes through the use of an
165 entertaining display, including the entry process or the
166 revealing of a prize.
167 (b) Promote a sweepstakes that is conducted through the use
168 of an entertaining display, including the entry process or the
169 revealing of a prize.
170 (5) A person who violates this section commits a felony of
171 the third degree, punishable as provided in s. 775.082, s.
172 775.083, or s. 775.084.
173 (6) It is the intent of this section to prohibit any
174 mechanism that seeks to avoid application of this section
175 through the use of any subterfuge or pretense whatsoever.
176 (7) Nothing in this section may be construed to prohibit
177 any activity that is lawfully conducted on Indian lands pursuant
178 to and in accordance with an approved Tribal-State Gaming
179 Compact.
180 Section 2. Subsection (2) of section 849.0935, Florida
181 Statutes, is amended to read:
182 849.0935 Charitable, nonprofit organizations; drawings by
183 chance; required disclosures; unlawful acts and practices;
184 penalties.—
185 (2) The provisions of s. 849.09 may shall not be construed
186 to prohibit an organization qualified under 26 U.S.C. s.
187 501(c)(3), (4), (7), (8), (10), or (19) from conducting drawings
188 by chance pursuant to the authority granted by this section, if
189 provided the organization has complied with all applicable
190 provisions of chapter 496 and the drawing by chance is not
191 conducted through the use of any machine, computer, or other
192 electronic or mechanical device.
193 Section 3. Paragraph (a) of subsection (1) and paragraph
194 (a) of subsection (8) of section 849.094, Florida Statutes, are
195 amended, and subsection (11) is added to that section, to read:
196 849.094 Game promotion in connection with sale of consumer
197 products or services.—
198 (1) As used in this section, the term:
199 (a) “Game promotion” means, but is not limited to, a
200 contest, game of chance, or gift enterprise, conducted within or
201 throughout the state and other states in connection with the
202 sale of consumer products or services, and in which the elements
203 of chance and prize are present. However, “game promotion” may
204 shall not be construed to apply to bingo games conducted
205 pursuant to s. 849.0931 and may not be conducted through the use
206 of any machine, computer, or other electronic or mechanical
207 device.
208 (8)(a) The Department of Agriculture and Consumer Services
209 shall have the power to promulgate such rules and regulations
210 respecting the operation of game promotions as it may deem
211 advisable; however, it may not authorize the operation or
212 possession of slot machines or other gambling devices that are
213 otherwise prohibited from operation or possession in the state
214 and may not authorize game promotions to be conducted through
215 the use of any machine, computer, or other electronic or
216 mechanical device.
217 (11) The provisions of s. 849.09 may not be construed to
218 prohibit an operator under this section from conducting a game
219 promotion under this section provided that it is not conducted
220 through the use of any machine, computer, or other electronic or
221 mechanical device.
222 Section 4. Subsection (1) of section 849.15, Florida
223 Statutes, is amended to read:
224 849.15 Manufacture, sale, possession, etc., of coin
225 operated devices prohibited.—
226 (1) It is unlawful:
227 (a) To manufacture, own, store, keep, possess, sell, rent,
228 lease, let on shares, lend or give away, transport, or expose
229 for sale or lease, or to offer to sell, rent, lease, let on
230 shares, lend or give away, or permit the operation of, or for
231 any person to permit to be placed, maintained, or used or kept
232 in any room, space, or building owned, leased, or occupied by
233 the person or under the person’s management or control, any slot
234 machine or device or any part thereof, or other gambling
235 apparatus or any part thereof that is otherwise prohibited from
236 operation or possession in the state; or
237 (b) To make or to permit to be made with any person any
238 agreement with reference to any slot machine or device, pursuant
239 to which the user thereof, as a result of any element of chance
240 or other outcome unpredictable to him or her, may become
241 entitled to receive any money, credit, allowance, or thing of
242 value or additional chance or right to use such machine or
243 device, or to receive any check, slug, token, or memorandum
244 entitling the holder to receive any money, credit, allowance, or
245 thing of value.
246 Section 5. Subsection (1) of section 849.16, Florida
247 Statutes, is amended to read:
248 849.16 Machines or devices which come within provisions of
249 law defined.—
250 (1) Any machine or device or system or network of computers
251 or other devices is a slot machine or device within the
252 provisions of this chapter if it is one that is adapted for use
253 in such a way that, as a result of the insertion of any piece of
254 money, coin, code, account number, credit, or other object or
255 method of activation, such machine, or device, or system or
256 network of computers or other devices is caused to operate or
257 may be operated, whether directly or as the result of indirect
258 remote activation, and if the user, by reason of any element of
259 chance or of any other outcome of such operation unpredictable
260 by him or her, may:
261 (a) Receive or become entitled to receive any piece of
262 money, credit, allowance, or thing of value, or any check, slug,
263 token, or memorandum, whether of value or otherwise, which may
264 be exchanged for any money, credit, allowance, or thing of value
265 or which may be given in trade; or
266 (b) Secure additional chances or rights to use such
267 machine, apparatus, or device, even though it may, in addition
268 to any element of chance or unpredictable outcome of such
269 operation, also sell, deliver, or present some merchandise,
270 indication of weight, entertainment, or other thing of value.
271 Section 6. Section 849.161, Florida Statutes, is amended to
272 read:
273 849.161 Amusement games or machines; when chapter
274 inapplicable.—
275 (1)(a)1. Nothing contained in this chapter may shall be
276 taken or construed as applicable to an arcade amusement center
277 having amusement games or machines which operate by means of the
278 insertion of a coin and which by application of skill may
279 entitle the person playing or operating the game or machine to
280 receive points or coupons which may be exchanged for merchandise
281 only, excluding cash and alcoholic beverages, provided the cost
282 value of the merchandise or prize awarded in exchange for such
283 points or coupons does not exceed 75 cents on any game played.
284 2. Nothing contained in this chapter may shall be taken or
285 construed as applicable to any retail dealer who operates as a
286 truck stop, as defined in chapter 336 and which operates a
287 minimum of six 6 functional diesel fuel pumps, having amusement
288 games or machines which operate by means of the insertion of a
289 coin or other currency and which by application of skill may
290 entitle the person playing or operating the game or machine to
291 receive points or coupons which may be exchanged for merchandise
292 limited to noncash prizes, toys, novelties, and Florida Lottery
293 products, excluding alcoholic beverages, provided the cost value
294 of the merchandise or prize awarded in exchange for such points
295 or coupons does not exceed 75 cents on any game played. This
296 subparagraph applies only to games and machines which are
297 operated for the entertainment of the general public and
298 tourists as bona fide amusement games or machines. This
299 subsection does shall not apply, however, to any game or device
300 defined as a gambling device under state law and whose owner or
301 operator is required to register annually with the United States
302 Department of Justice under 15 U.S.C. ss. 1171-1178 in 24 U.S.C.
303 s. 1171, which requires identification of each device by
304 permanently affixing seriatim numbering and name, trade name,
305 and date of manufacture under s. 1173, and registration with the
306 United States Attorney General, unless excluded from
307 applicability of the chapter under s. 1178. This subsection may
308 shall not be construed to authorize video poker games or any
309 other game or machine that may be construed as a gambling device
310 under Florida law.
311 (b) Nothing in this subsection may shall be taken or
312 construed as applicable to a coin-operated game or device
313 designed and manufactured only for bona fide amusement purposes
314 which game or device may by application of skill entitle the
315 player to replay the game or device at no additional cost, if
316 the game or device: can accumulate and react to no more than 15
317 free replays; can be discharged of accumulated free replays only
318 by reactivating the game or device for one additional play for
319 such accumulated free replay; can make no permanent record,
320 directly or indirectly, of free replays; and is not classified
321 by the United States or under state law as a gambling device and
322 whose owner or operator is required to register annually with
323 the United States Department of Justice under 15 U.S.C. ss.
324 1171-1178 in 24 U.S.C. s. 1171, which requires identification of
325 each device by permanently affixing seriatim numbering and name,
326 trade name, and date of manufacture under s. 1173, and
327 registration with the United States Attorney General, unless
328 excluded from applicability of the chapter under s. 1178. This
329 subsection may shall not be construed to authorize video poker
330 games, or any other game or machine that may be construed as a
331 gambling device under Florida law.
332 (2) The term “arcade amusement center” as used in this
333 section means a place of business having at least 50 coin
334 operated amusement games or machines on premises which are
335 operated for the entertainment of the general public and
336 tourists as a bona fide amusement facility.
337 (3)(a) As used in this section, the term “skill” means a
338 machine or device for which the outcome is not determined by
339 chance, but which is predictable to the player or operator, or
340 for which the player or operator is able to consistently achieve
341 a winning outcome through the use of eye-hand coordination,
342 physical dexterity, speed, or accuracy, or employing or
343 manipulating the game’s controls in such a way as to catch,
344 capture, achieve, or win an objective.
345 (b) There is a rebuttable presumption that a game machine
346 or device is not operated by skill if a player or operator
347 cannot win a prize or achieve a selected outcome or a
348 substantial level of success in 51 percent of 20 contiguous
349 attempts or iterations of game play or operation of the machine
350 or device.
351 Section 7. Paragraph (a) of subsection (1) of section
352 895.02, Florida Statutes, is amended to read:
353 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
354 (1) “Racketeering activity” means to commit, to attempt to
355 commit, to conspire to commit, or to solicit, coerce, or
356 intimidate another person to commit:
357 (a) Any crime that is chargeable by petition, indictment,
358 or information under the following provisions of the Florida
359 Statutes:
360 1. Section 210.18, relating to evasion of payment of
361 cigarette taxes.
362 2. Section 316.1935, relating to fleeing or attempting to
363 elude a law enforcement officer and aggravated fleeing or
364 eluding.
365 3. Section 403.727(3)(b), relating to environmental
366 control.
367 4. Section 409.920 or s. 409.9201, relating to Medicaid
368 fraud.
369 5. Section 414.39, relating to public assistance fraud.
370 6. Section 440.105 or s. 440.106, relating to workers’
371 compensation.
372 7. Section 443.071(4), relating to creation of a fictitious
373 employer scheme to commit unemployment compensation fraud.
374 8. Section 465.0161, relating to distribution of medicinal
375 drugs without a permit as an Internet pharmacy.
376 9. Section 499.0051, relating to crimes involving
377 contraband and adulterated drugs.
378 10. Part IV of chapter 501, relating to telemarketing.
379 11. Chapter 517, relating to sale of securities and
380 investor protection.
381 12. Section 550.235 or s. 550.3551, relating to dogracing
382 and horseracing.
383 13. Chapter 550, relating to jai alai frontons.
384 14. Section 551.109, relating to slot machine gaming.
385 15. Chapter 552, relating to the manufacture, distribution,
386 and use of explosives.
387 16. Chapter 560, relating to money transmitters, if the
388 violation is punishable as a felony.
389 17. Chapter 562, relating to beverage law enforcement.
390 18. Section 624.401, relating to transacting insurance
391 without a certificate of authority, s. 624.437(4)(c)1., relating
392 to operating an unauthorized multiple-employer welfare
393 arrangement, or s. 626.902(1)(b), relating to representing or
394 aiding an unauthorized insurer.
395 19. Section 655.50, relating to reports of currency
396 transactions, when such violation is punishable as a felony.
397 20. Chapter 687, relating to interest and usurious
398 practices.
399 21. Section 721.08, s. 721.09, or s. 721.13, relating to
400 real estate timeshare plans.
401 22. Section 775.13(5)(b), relating to registration of
402 persons found to have committed any offense for the purpose of
403 benefiting, promoting, or furthering the interests of a criminal
404 gang.
405 23. Section 777.03, relating to commission of crimes by
406 accessories after the fact.
407 24. Chapter 782, relating to homicide.
408 25. Chapter 784, relating to assault and battery.
409 26. Chapter 787, relating to kidnapping or human
410 trafficking.
411 27. Chapter 790, relating to weapons and firearms.
412 28. Chapter 794, relating to sexual battery, but only if
413 such crime was committed with the intent to benefit, promote, or
414 further the interests of a criminal gang, or for the purpose of
415 increasing a criminal gang member’s own standing or position
416 within a criminal gang.
417 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
418 796.05, or s. 796.07, relating to prostitution and sex
419 trafficking.
420 30. Chapter 806, relating to arson and criminal mischief.
421 31. Chapter 810, relating to burglary and trespass.
422 32. Chapter 812, relating to theft, robbery, and related
423 crimes.
424 33. Chapter 815, relating to computer-related crimes.
425 34. Chapter 817, relating to fraudulent practices, false
426 pretenses, fraud generally, and credit card crimes.
427 35. Chapter 825, relating to abuse, neglect, or
428 exploitation of an elderly person or disabled adult.
429 36. Section 827.071, relating to commercial sexual
430 exploitation of children.
431 37. Chapter 831, relating to forgery and counterfeiting.
432 38. Chapter 832, relating to issuance of worthless checks
433 and drafts.
434 39. Section 836.05, relating to extortion.
435 40. Chapter 837, relating to perjury.
436 41. Chapter 838, relating to bribery and misuse of public
437 office.
438 42. Chapter 843, relating to obstruction of justice.
439 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
440 s. 847.07, relating to obscene literature and profanity.
441 44. Section 849.09, s. 849.14, s. 849.15, s. 849.162, s.
442 849.23, or s. 849.25, relating to gambling.
443 45. Chapter 874, relating to criminal gangs.
444 46. Chapter 893, relating to drug abuse prevention and
445 control.
446 47. Chapter 896, relating to offenses related to financial
447 transactions.
448 48. Sections 914.22 and 914.23, relating to tampering with
449 or harassing a witness, victim, or informant, and retaliation
450 against a witness, victim, or informant.
451 49. Sections 918.12 and 918.13, relating to tampering with
452 jurors and evidence.
453 Section 8. Nothing in this act may be construed to
454 authorize the possession or operation of any machine or device
455 that is prohibited under any other provision of law.
456 Section 9. For the purpose of incorporating the amendment
457 made by this act to section 849.094, Florida Statutes, in a
458 reference thereto, subsection (2) of section 721.111, Florida
459 Statutes, is reenacted to read:
460 721.111 Prize and gift promotional offers.—
461 (2) A game promotion, such as a contest of chance, gift
462 enterprise, or sweepstakes, in which the elements of chance and
463 prize are present may not be used in connection with the
464 offering or sale of timeshare interests, except for drawings, as
465 that term is defined in s. 849.0935(1)(a), in which no more than
466 26 prizes are promoted and in which all promoted prizes are
467 actually awarded. All such drawings must meet all requirements
468 of this chapter and of ss. 849.092 and 849.094(1), (2), and (7).
469 Section 10. For the purpose of incorporating the amendment
470 made by this act to section 849.16, Florida Statutes, in a
471 reference thereto, subsection (1) of section 338.234, Florida
472 Statutes, is reenacted to read:
473 338.234 Granting concessions or selling along the turnpike
474 system; immunity from taxation.—
475 (1) The department may enter into contracts or licenses
476 with any person for the sale of services or products or business
477 opportunities on the turnpike system, or the turnpike enterprise
478 may sell services, products, or business opportunities on the
479 turnpike system, which benefit the traveling public or provide
480 additional revenue to the turnpike system. Services, business
481 opportunities, and products authorized to be sold include, but
482 are not limited to, motor fuel, vehicle towing, and vehicle
483 maintenance services; food with attendant nonalcoholic
484 beverages; lodging, meeting rooms, and other business services
485 opportunities; advertising and other promotional opportunities,
486 which advertising and promotions must be consistent with the
487 dignity and integrity of the state; state lottery tickets sold
488 by authorized retailers; games and amusements that operate by
489 the application of skill, not including games of chance as
490 defined in s. 849.16 or other illegal gambling games; Florida
491 citrus, goods promoting the state, or handmade goods produced
492 within the state; and travel information, tickets, reservations,
493 or other related services. However, the department, pursuant to
494 the grants of authority to the turnpike enterprise under this
495 section, shall not exercise the power of eminent domain solely
496 for the purpose of acquiring real property in order to provide
497 business services or opportunities, such as lodging and meeting
498 room space on the turnpike system.
499 Section 11. For the purpose of incorporating the amendment
500 made by this act to section 849.16, Florida Statutes, in a
501 reference thereto, section 849.19, Florida Statutes, is
502 reenacted to read:
503 849.19 Property rights in confiscated machine.—The right of
504 property in and to any machine, apparatus or device as defined
505 in s. 849.16 and to all money and other things of value therein,
506 is declared not to exist in any person, and the same shall be
507 forfeited and such money or other things of value shall be
508 forfeited to the county in which the seizure was made and shall
509 be delivered forthwith to the clerk of the circuit court and
510 shall by her or him be placed in the fine and forfeiture fund of
511 said county.
512 Section 12. For the purpose of incorporating the amendment
513 made by this act to section 895.02, Florida Statutes, in a
514 reference thereto, paragraph (a) of subsection (1) of section
515 16.56, Florida Statutes, is reenacted to read:
516 16.56 Office of Statewide Prosecution.—
517 (1) There is created in the Department of Legal Affairs an
518 Office of Statewide Prosecution. The office shall be a separate
519 “budget entity” as that term is defined in chapter 216. The
520 office may:
521 (a) Investigate and prosecute the offenses of:
522 1. Bribery, burglary, criminal usury, extortion, gambling,
523 kidnapping, larceny, murder, prostitution, perjury, robbery,
524 carjacking, and home-invasion robbery;
525 2. Any crime involving narcotic or other dangerous drugs;
526 3. Any violation of the provisions of the Florida RICO
527 (Racketeer Influenced and Corrupt Organization) Act, including
528 any offense listed in the definition of racketeering activity in
529 s. 895.02(1)(a), providing such listed offense is investigated
530 in connection with a violation of s. 895.03 and is charged in a
531 separate count of an information or indictment containing a
532 count charging a violation of s. 895.03, the prosecution of
533 which listed offense may continue independently if the
534 prosecution of the violation of s. 895.03 is terminated for any
535 reason;
536 4. Any violation of the provisions of the Florida Anti
537 Fencing Act;
538 5. Any violation of the provisions of the Florida Antitrust
539 Act of 1980, as amended;
540 6. Any crime involving, or resulting in, fraud or deceit
541 upon any person;
542 7. Any violation of s. 847.0135, relating to computer
543 pornography and child exploitation prevention, or any offense
544 related to a violation of s. 847.0135 or any violation of
545 chapter 827 where the crime is facilitated by or connected to
546 the use of the Internet or any device capable of electronic data
547 storage or transmission;
548 8. Any violation of the provisions of chapter 815;
549 9. Any criminal violation of part I of chapter 499;
550 10. Any violation of the provisions of the Florida Motor
551 Fuel Tax Relief Act of 2004;
552 11. Any criminal violation of s. 409.920 or s. 409.9201;
553 12. Any crime involving voter registration, voting, or
554 candidate or issue petition activities;
555 13. Any criminal violation of the Florida Money Laundering
556 Act; or
557 14. Any criminal violation of the Florida Securities and
558 Investor Protection Act;
559
560 or any attempt, solicitation, or conspiracy to commit any of the
561 crimes specifically enumerated above. The office shall have such
562 power only when any such offense is occurring, or has occurred,
563 in two or more judicial circuits as part of a related
564 transaction, or when any such offense is connected with an
565 organized criminal conspiracy affecting two or more judicial
566 circuits. Informations or indictments charging such offenses
567 shall contain general allegations stating the judicial circuits
568 and counties in which crimes are alleged to have occurred or the
569 judicial circuits and counties in which crimes affecting such
570 circuits or counties are alleged to have been connected with an
571 organized criminal conspiracy.
572 Section 13. For the purpose of incorporating the amendment
573 made by this act to section 895.02, Florida Statutes, in a
574 reference thereto, paragraph (g) of subsection (3) of section
575 655.50, Florida Statutes, is reenacted to read:
576 655.50 Florida Control of Money Laundering in Financial
577 Institutions Act; reports of transactions involving currency or
578 monetary instruments; when required; purpose; definitions;
579 penalties.—
580 (3) As used in this section, the term:
581 (g) “Specified unlawful activity” means any “racketeering
582 activity” as defined in s. 895.02.
583 Section 14. For the purpose of incorporating the amendment
584 made by this act to section 895.02, Florida Statutes, in a
585 reference thereto, paragraph (g) of subsection (2) of section
586 896.101, Florida Statutes, is reenacted to read:
587 896.101 Florida Money Laundering Act; definitions;
588 penalties; injunctions; seizure warrants; immunity.—
589 (2) As used in this section, the term:
590 (g) “Specified unlawful activity” means any “racketeering
591 activity” as defined in s. 895.02.
592 Section 15. For the purpose of incorporating the amendment
593 made by this act to section 895.02, Florida Statutes, in a
594 reference thereto, subsection (3) of section 905.34, Florida
595 Statutes, is reenacted to read:
596 905.34 Powers and duties; law applicable.—The jurisdiction
597 of a statewide grand jury impaneled under this chapter shall
598 extend throughout the state. The subject matter jurisdiction of
599 the statewide grand jury shall be limited to the offenses of:
600 (3) Any violation of the provisions of the Florida RICO
601 (Racketeer Influenced and Corrupt Organization) Act, including
602 any offense listed in the definition of racketeering activity in
603 s. 895.02(1)(a), providing such listed offense is investigated
604 in connection with a violation of s. 895.03 and is charged in a
605 separate count of an information or indictment containing a
606 count charging a violation of s. 895.03, the prosecution of
607 which listed offense may continue independently if the
608 prosecution of the violation of s. 895.03 is terminated for any
609 reason;
610
611 or any attempt, solicitation, or conspiracy to commit any
612 violation of the crimes specifically enumerated above, when any
613 such offense is occurring, or has occurred, in two or more
614 judicial circuits as part of a related transaction or when any
615 such offense is connected with an organized criminal conspiracy
616 affecting two or more judicial circuits. The statewide grand
617 jury may return indictments and presentments irrespective of the
618 county or judicial circuit where the offense is committed or
619 triable. If an indictment is returned, it shall be certified and
620 transferred for trial to the county where the offense was
621 committed. The powers and duties of, and law applicable to,
622 county grand juries shall apply to a statewide grand jury except
623 when such powers, duties, and law are inconsistent with the
624 provisions of ss. 905.31-905.40.
625 Section 16. This act shall take effect upon becoming a law.
