Fla. Stat. § 16.712 — Florida Code / Title IV / Chapter 16 / Section 16.712
16.712 Florida Gaming Control Commission authorizations, duties, and responsibilities.
Status: in_force

(1) The commission shall do all of the following: (a) Exercise all of the regulatory and executive powers of the state with respect to gambling, including, without limitation thereto, pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming compacts executed by the state pursuant to the Federal Indian Gaming Regulatory Act, and any other forms of gambling authorized by the State Constitution or law, excluding games authorized by s. 15, Art. X of the State Constitution. (b) Establish procedures consistent with chapter 120 to ensure adequate due process in the exercise of its regulatory and executive functions. (c) Ensure that the laws of this state are not interpreted in any manner that expands the activities authorized in chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849. (d) Review the rules and regulations promulgated by the Seminole Tribal Gaming Commission for the operation of sports betting and propose to the Seminole Tribal Gaming Commission any additional consumer protection measures it deems appropriate. The proposed consumer protection measures may include, but are not limited to, the types of advertising and marketing conducted for sports betting, the types of procedures implemented to prohibit underage persons from engaging in sports betting, and the types of information, materials, and procedures needed to assist patrons with compulsive or addictive gambling problems. (e) Evaluate, as the state compliance agency or as the commission, information that is reported by sports governing bodies or other parties to the commission related to any abnormal betting activity or patterns that may indicate a concern about the integrity of a sports event or events; any other conduct with the potential to corrupt a betting outcome of a sports event for purposes of financial gain, including, but not limited to, match fixing; suspicious or illegal wagering activities, including the use of funds derived from illegal activity, wagers to conceal or launder funds derived from illegal activity, use of agents to place wagers, or use of false identification; and the use of data deemed unacceptable by the commission or the Seminole Tribal Gaming Commission, and provide reasonable notice to state and local law enforcement, the Seminole Tribal Gaming Commission, and any appropriate sports governing body of nonproprietary information that may warrant further investigation by such entities to ensure the integrity of wagering activities in the state. (f) Review any matter within the scope of the jurisdiction of the commission. (g) Review the regulation of licensees, permitholders, or persons regulated by the commission and the procedures used by the commission to implement and enforce the law. (h) Review the procedures of the commission which are used to qualify applicants applying for a license, permit, or registration. (i) Receive and review violations reported by a state or local law enforcement agency, the Department of Law Enforcement, the Department of Legal Affairs, the Department of Agriculture and Consumer Services, the Department of Business and Professional Regulation, the Department of the Lottery, the Seminole Tribe of Florida, or any person licensed under chapter 24, part II of chapter 285, chapter 550, chapter 551, or chapter 849 and determine whether such violation is appropriate for referral to the Office of Statewide Prosecution. (j) Refer criminal violations of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849 to the appropriate state attorney or to the Office of Statewide Prosecution, as applicable. (k) Exercise all other powers and perform any other duties prescribed by the Legislature.

(2)(a) The commission may adopt rules to implement this section. (b) The commission may subpoena witnesses and compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of any books, papers, records, or other items relevant to the performance of the duties of the commission or to the exercise of its powers. (c) The commission may submit written recommendations to enhance the enforcement of gaming laws of the state to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(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: (a) Recent events in the gaming industry, including pending litigation, pending facility license applications, and new and pending rules. (b) Actions of the commission relative to the implementation and administration of this section. (c) The state revenues and expenses associated with each form of authorized gaming. Revenues and expenses associated with pari-mutuel wagering shall be further delineated by the class of license. (d) The performance of each pari-mutuel wagering licensee, cardroom licensee, and slot licensee. (e) Actions of the commission as the state compliance agency, and financial information published by the Office of Economic and Demographic Research, relative to gaming activities authorized pursuant to s. 285.710(13). (f) A summary of disciplinary actions taken by the commission. (g) The receipts and disbursements of the commission. (h) A summary of actions taken and investigations conducted by the commission. (i) Any additional information and recommendations that the commission considers useful or that the Governor, the President of the Senate, or the Speaker of the House of Representatives requests.

(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; s. 2, ch. 2022-7.