This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h5201.APC
DATE: 1/26/2024
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
Appropriations Subcommittee
12 Y, 0 N Helpling Topp
1) Appropriations Committee 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.
STORAGE NAME: h5201.APC PAGE: 2
DATE: 1/26/2024
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 other
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 criminal
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: h5201.APC PAGE: 3
DATE: 1/26/2024
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: h5201.APC PAGE: 4
DATE: 1/26/2024
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