The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH

Chapter 16
ATTORNEY GENERAL

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F.S. 16.71

16.71 Florida Gaming Control Commission; creation; meetings; membership.—

(1) CREATION; MEETINGS.—

(a) There is created within the Department of Legal Affairs, Office of the Attorney General, the Florida Gaming Control Commission, hereinafter referred to as the commission. The commission shall be a separate budget entity, and the commissioners shall serve as the agency head. The commission’s exercise of executive powers in the area of planning, budgeting, personnel management, and purchasing shall be as provided by law.

(b) The commission is not subject to control, supervision, or direction by the Department of Legal Affairs or the Attorney General in the performance of its duties, including, but not limited to, personnel, purchasing transactions involving real or personal property, and budgetary matters.

(c) The commission shall convene at the call of its chair or at the request of a majority of the members of the commission. Meetings may be held via teleconference or other electronic means. Three members of the commission constitute a quorum, and the affirmative vote of the majority of a quorum is required for any action or recommendation by the commission. However, notwithstanding any other provision of law, the affirmative vote of three members is required to adopt a proposed rule, including an amendment to or repeal of an existing rule that meets or exceeds any of the criteria in s. 120.54(3)(b)1. or s. 120.541(2)(a). The commission may meet in any city or county of the state.

(2) MEMBERSHIP.—

(a) 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 Florida’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 chair’s and vice chair’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. 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. 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.

(b) A commissioner shall serve until a successor is appointed, but commissioners may not serve more than 12 years. Vacancies shall be filled for the unexpired portion of the term. The salary of each commissioner is equal to that paid under state law to a commissioner on the Florida Public Service Commission.

(c) The Governor shall have the same power to remove or suspend commissioners as set forth in s. 7, Art. IV of the State Constitution. In addition to such power, the Governor must remove a member who is convicted of or found guilty of or has pled nolo contendere to, regardless of adjudication, in any jurisdiction, a misdemeanor that directly relates to gambling, dishonesty, theft, or fraud.

(d) Upon the resignation or removal from office of a member of the commission, the Governor shall appoint a successor pursuant to paragraph (a) who, subject to confirmation by the Senate, shall serve the remainder of the unfinished term.

(3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—

(a) A person may not be appointed by the Governor to the commission until a level 2 background screening pursuant to chapter 435 is performed, the results are forwarded to the Governor, and the Governor determines that the person meets all the requirements for appointment under this section. However, a person who is prohibited from being appointed under s. 16.713 may not be appointed by the Governor.

(b) The Governor may not solicit or request any nominations, recommendations, or communications about potential candidates for appointment to the commission from:

1. Any person that holds a permit or license issued under chapter 550, or a license issued under chapter 551 or chapter 849; an officer, official, or employee of such permitholder or licensee; or an ultimate equitable owner, as defined in s. 550.002(37), of such permitholder or licensee;

2. Any 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; a contractor or subcontractor of such tribe or an entity employed, licensed, or contracted by such tribe; or an ultimate equitable owner, as defined in s. 550.002(37), of such entity; or

3. Any registered lobbyist for the executive or legislative branch who represents any person or entity identified in subparagraph 1. or subparagraph 2.

(4) EXECUTIVE DIRECTOR.—

(a) To aid the commission in its duties, the commission must appoint a person who is not a member of the commission to serve as the executive director of the commission. A person may not be appointed as executive director until a level 2 background screening pursuant to chapter 435 is performed, the results are forwarded to the commission, and the commission determines that the person meets all the requirements for appointment as the executive director. The executive director shall supervise, direct, coordinate, and administer all activities necessary to fulfill the commission’s responsibilities. The commission must appoint the executive director by April 1, 2022.

(b) The executive director, with the consent of the commission, shall employ such staff as are necessary to adequately perform the functions of the commission, within budgetary limitations.

(d) The salary of the executive director is equal to that paid under state law to a commissioner on the Florida Public Service Commission.

(5) INSPECTOR GENERAL.—The chair of the commission shall appoint an inspector general who shall perform the duties of an inspector general under s. 20.055.

(6) PARI-MUTUEL WAGERING TRUST FUND.—The commission shall administer the Pari-mutuel Wagering Trust Fund.

History.—s. 2, ch. 2021-269; s. 1, ch. 2022-7; s. 1, ch. 2022-179; s. 5, ch. 2023-8.

F.S. 16.71 on Google Scholar

F.S. 16.71 on Casetext

Amendments to 16.71

Arrestable Offenses / Crimes under Fla. Stat. 16.71

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 16.71.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In COMMUNITY BANK OF NORTHERN VIRGINIA MORTGAGE LENDING PRACTICES LITIGATION, 954 F. Supp. 2d 360 (W.D. Pa. 2013)

. . . principal balance of her loan was $29,800.00 to be repaid, with an interest rate of 12.99% (APR of 16.71% . . .

v., 33 Ct. Int'l Trade 1735 (Ct. Int'l Trade 2009)

. . . duty administrative review in June 1992, lowering the duty rates from 45.83% to a range of 1.80% to 16.71% . . .

Co. Co. By- v., 31 Ct. Int'l Trade 1570 (Ct. Int'l Trade 2007)

. . . tailored to subjectmerchandise”; (2) “the total asset value of non-subject operations accounts for only 16.71 . . .

SHINYEI CORPORATION OF AMERICA, v. UNITED STATES,, 355 F.3d 1297 (Fed. Cir. 2004)

. . . Shinyei were at a rate of 45.83% ad valorem, the final results of the review set duty rates from 1.43% to 16.71% . . . The rate for the sixth manufacturer, Wada, remained at 16.71%. . . . Under Shinyei’s view it should have been between 1.83% and 16.71% ad valorem, based on the manufacturer . . .

PELTZ, USN USN a v. HATTEN, a a FSC a a, 279 B.R. 710 (D. Del. 2002)

. . . Armbrust presented a valuation based on her own 10-year DCF study using a discount rate of 16.71 percent . . .

ADAMS, v. AMERITECH SERVICES, INC. Co. v. Co., 231 F.3d 414 (7th Cir. 2000)

. . . lens through which to view this process), ASI selected for termination 12.63% of those aged 40-44, 16.71% . . .

F. LLI De CECCO DI FILIPPO FARA S. MARTINO S. p. A. v. UNITED STATES, LLC, 216 F.3d 1027 (Fed. Cir. 2000)

. . . The low-end producers, on the other hand, had higher dumping margins; those, however, averaged 16.71 . . .

EMERSON POWER TRANSMISSION CORPORATION, v. UNITED STATES,, 903 F. Supp. 48 (Ct. Int'l Trade 1995)

. . . Emerson calculates that the applicable rate under this approach would be 16.71% as opposed to 45.83%. . . . Therefore, Emerson’s reliance on the fact that the highest non-BIA rate calculated in these reviews is 16.71% . . .

v. Co., 19 Ct. Int'l Trade 1154 (Ct. Int'l Trade 1995)

In McDONNELL DOUGLAS EQUIPMENT LEASING SECURITIES LITIGATION. CARPI, v. McDONNELL DOUGLAS CAPITAL INCOME FUND- I, IA, L. P. IB, L. P. IC, L. P. ID, L. P. IE, L. P. M. F. R. T. J. Jr. M. V. O. Co. R. EDELMAN, v. TROY LEASE INCOME FUND, MDCC M. R. T. J. Jr. M. V. O. WALDMAN, v. TROY CAPITAL SERVICES, INC. MDCC, 842 F. Supp. 733 (S.D.N.Y. 1994)

. . . This amount constitutes approximately 16.64% of the $14,-750,000 settlement fund, and approximately 16.71% . . .

DOE, v. U. S. DEPARTMENT OF JUSTICE,, 790 F. Supp. 17 (D.D.C. 1992)

. . . . §§ 16.71, 16.96. . . .

QUILTER, v. V. VOINOVICH,, 794 F. Supp. 695 (N.D. Ohio 1992)

. . . . — 104,424 22 12.60% 35 7.91% 8.96% 32 16.71% 18.46% 27 12.20% 33 7.50% 8.04% 31 3.55% 4.39% 20 21 8.90% . . .

In TONDREAU, NOTRE DAME FEDERAL CREDIT UNION, v. TONDREAU,, 117 B.R. 397 (Bankr. N.D. Ind. 1989)

. . . reflect the following activity: August 25, 1986 Statement Payments -0- New Activity 61.77 Finance Charge 16.71 . . .

FORT PIERCE UTILITIES AUTHORITY OF CITY OF FORT PIERCE, v. FEDERAL ENERGY REGULATORY COMMISSION,, 730 F.2d 778 (D.C. Cir. 1984)

. . . ’s investment in transmission facilities ($333,030,193) times our cost of capital and income taxes (16.71% . . .

PROVIDENCE JOURNAL CO. v. FEDERAL BUREAU OF INVESTIGATION L. S., 460 F. Supp. 762 (D.R.I. 1978)

. . . . §§ 16.71-16.101 (1976), appear to apply to the instant suit. . 5 U.S.C. § 552(b), (3) exempts, from . . .

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT v. RODRIGUEZ, 411 U.S. 1 (U.S. 1973)

. . . See id., §§ 16.71 (2), 16.79. See id., §§ 16.301-16.316, 16.45, 16.51-16.63. . . .

P. RODRIGUEZ v. SAN ANTONIO INDEPENDENT SCHOOL DISTRICT, 337 F. Supp. 280 (W.D. Tex. 1971)

. . . Tex.Educ.Code Ann. arts. 16.71-16.73 (1969), V.T.C.A. . . .

M. MARLEY v. UNITED STATES, 381 F.2d 738 (Ct. Cl. 1967)

. . . The Government thereafter awarded a contract for 17,007 initiators at a unit price of $16.71 to Federal . . .

FRANCIS M. MARLEY v. THE UNITED STATES, 180 Ct. Cl. 898 (Ct. Cl. 1967)

. . . The Government thereafter awarded a contract for 17,007 initiators at a unit price of $16.71 to Federal . . .

UNITED STATES v. MANUFACTURERS HANOVER TRUST COMPANY,, 240 F. Supp. 867 (S.D.N.Y. 1965)

. . . 136, but its relative share of offices in the whole local market has declined since the merger from 16.71% . . .

GAYLE v. JONES, 74 F. Supp. 262 (W.D. La. 1947)

. . . 63.60 10.51 336.94 tt tt tt tt 1942-43 1685.34 67.41 13.48 417.83 tt tt tt tt 1943^-4 1952.60 78.10 16.71 . . .

COMMISSIONER OF INTERNAL REVENUE v. LINCOLN- BOYLE ICE CO. LINCOLN- BOYLE ICE CO. v. COMMISSIONER OF INTERNAL REVENUE, 93 F.2d 26 (7th Cir. 1937)

. . . This resulted in an overpayment or profit to the Lincoln Company of 16.71 per cent., or $274,258.94; . . .