HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 907 Gaming Licenses and Permits
SPONSOR(S): Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 804
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 13 Y, 0 N Thompson Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Gaming Control Commission (Commission) is responsible for exercising all regulatory and executive
powers of the state with respect to gambling, including pari-mutuel wagering, cardrooms, and slot machine facilities.
The Florida Pari-mutuel Wagering Act (Act) provides specific permitting and licensure requirements for the pari-
mutuel industry. Pari-mutuel wagering activities are limited to operators who have received a permit from the
Commission, which is then subject to ratification by county referendum. Permitholders apply for an operating license
annually to conduct pari-mutuel wagering activities. Certain permitholders are authorized to operate cardrooms and
slot machines at their facility.
The bill revises provisions related to pari-mutuel wagering licenses, permit and application procedures, and removes
obsolete provisions, as follows:
Authorizes the Commission to penalize a licensee when a person falsely swears on an application.
Establishes email as the primary service of legal filings for the Commission, including final agency action.
Extends the submission period for pari-mutuel operating license application dates from December 15 -
January 4, to January 15 - February 4, and extends the issuance date from March 15 to April 15.
Authorizes the Commission to approve minor changes in performance dates for pari-mutuel wagering
permitholders, removes the ability for permitholders to object to such changes, and makes it permissive,
instead of mandatory, for the Commission to consider the impact of such changes to state revenues.
Authorizes the Commission to take action against a racetrack occupational licensee who has been subject
to certain federal horseracing penalties, including for a finding of a prohibited substance in an animal.
Establishes a single audit and reporting requirement for pari-mutuel and slot machine permitholders, clarifies
what is required in the report, and requires the deadline for the report to be 120 days after the end of the
fiscal year.
Revises the application and issuance fiscal year, submission, and issuance dates of nonwagering licenses
to line up with the pari-mutuel operating license timeframes.
Removes the authority of the Commission to conduct an eligibility investigation relating to new ownership or
management interest in a nonwagering permit.
Authorizes the Commission to waive the disqualifying offenses for slot machine occupational license
applicants.
Removes the provision that allows certain facilities to amend their 2006-2007 operating license.
Repeals the section of law related to greyhound permitholders unclaimed tickets.
Removes provisions related to the Greyhound Permitholder Tax Credit, and makes conforming changes.
Removes an outdated provision relating to thoroughbred permitholder perfor mances.
The bill does not appear to have a significant fiscal impact on state or local government. The bill may have a positive
fiscal impact on the private sector.
The effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
General Overview of Gaming in Florida
Gambling is generally prohibited in Florida, unless specifically authorized. Section 7, Art. X, of the
Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted in Florida.
Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house and running
a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-operated
lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and
Broward Counties.
The following gaming activities are also authorized by law and regulated by the state:
Pari-mutuel1 wagering;2
Gaming on tribal reservations in accordance with the Indian Gaming and Regulatory Act and the
2010 Gaming Compact with the Seminole Tribe of Florida;
Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County;3 and
Cardrooms 4 at certain pari-mutuel facilities.
Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games,5 bingo,6 charitable drawings,7 game promotions (sweepstakes),8 bowling tournaments,9 and
skill-based amusement games and machines at specified locations. 10
In 2013, the legislature clarified that Internet café style gambling machines were illegal in the state. The
legislation clarified existing sections of law regarding slot machines, charitable drawings, game
promotions, and amusement machines and created a rebuttable presumption that machines used to
simulate casino-style games in schemes involving consideration and prizes are prohibited slot
machines.11
In 2015, the legislature determined that the regulation of the operation of skill-based amusement
games and machines would ensure compliance with Florida’s limitations on gambling and prevent the
expansion of casino-style gambling. The legislature clarified regulations related to the operation and
use of amusement games or machines to ensure that regulations would not be interpreted as creating
an exception to the state's general prohibitions against gambling.12
Amendment to Florida Constitution Prohibiting Racing of and Wagering on Greyhounds or Other Dogs
1 “Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
2 See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
3 See FLA. CONST ., art. X, s. 23, and ch. 551, F.S.
4 S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
5 S. 849.085, F.S.
6 S. 849.0931, F.S.
7 S. 849.0935, F.S.
8 S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
9 S. 849.141, F.S.
10 S. 546.10, F.S.
11 Florida House of Representatives Select Committee on Gaming, Final Bill Analysis of 2013 CS/HB 155, p. 1 (Apr. 19, 2013).
12 S. 546.10, F.S.
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During the 2018 General Election, the voters approved an initiative constitutional amendment,
Amendment 13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs, which has been
codified in the State Constitution as Article X, Section 32.13
Article X, Section 32 states:
Prohibition on racing of and wagering on greyhounds or other dogs.—The humane
treatment of animals is a fundamental value of the people of the State of Florida. After
December 31, 2020, a person authorized to conduct gaming or pari-mutuel operations
may not race greyhounds or any member of the Canis Familiaris subspecies in connection
with any wager for money or any other thing of value in this state, and persons in this
state may not wager money or any other thing of value on the outcome of a live dog race
occurring in this state. The failure to conduct greyhound racing or wagering on greyhound
racing after December 31, 2018, does not constitute grounds to revoke or deny renewal of
other related gaming licenses held by a person who is a licensed greyhound permitholder
on January 1, 2018, and does not affect the eligibility of such permitholder, or such
permitholder’s facility, to conduct other pari-mutuel activities authorized by general law. By
general law, the legislature shall specify civil or criminal penalties for violations of this
section and for activities that aid or abet violations of this section.
As of January 1, 2021, wagering on live greyhound racing in Florida is completely prohibited. However,
cardroom and slot machine facilities by such permitholders may continue to operate after the closure of
racing activities.
Pari-mutuel Wagering
Since approximately 1931, pari-mutuel wagering has been authorized in Florida for jai alai, greyhound
racing, and horseracing. These activities are overseen and regulated14 by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within
the Department of Legal Affairs, Office of the Attorney General.15 The Commission is tasked with
exercising all regulatory and executive powers of the state on all forms of gambling authorized by the
State Constitution or law including pari-mutuel wagering, card rooms, slot machine facilities, and the
oversight of gaming compacts under the federal Indian Gaming Regulatory Act but excluding state
lottery games authorized by the State Constitution.16
Pari-Mutuel Wagering State Revenue
License fees and taxes collected by pari-mutuel wagering permitholders, including slot machine and
cardroom permitholders, are deposited with the Chief Financial Officer, to the credit of the Pari-mutuel
Wagering Trust Fund. Slot machine tax revenue is transferred from the Pari-mutuel Wagering Trust
Fund to the Educational Enhancement Trust Fund to supplement public education funding statewide.
Taxes collected by cardrooms are split between the Pari-mutuel Wagering Trust Fund and the General
Revenue Fund. During the 2022-2023 fiscal year, the pari-mutuel industry operated 447 racing and
gaming days, which resulted in state revenue of $6,291,327, total paid attendance of 61,775, and total
pari-mutuel handle of $469,498,714.17
Pari-Mutuel Wagering Live Performance Requirements
13 See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Jan. 12, 2024).
14 From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
15 See ss. 16.71-16.716, F.S.
16 S. 16.712, F.S.
17 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
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Currently, only thoroughbred permitholders are required to conduct live racing. 18 Greyhound
permitholders may not conduct live racing, and jai alai permitholders, harness horse racing
permitholders, or quarter horse racing permitholders may elect not to conduct live racing or games.
A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse
racing permitholder that does not conduct live racing or games: 19
Retains its permit;
Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting
pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.; and
Remains eligible for a cardroom license.
A permitholder or licensee may not conduct live greyhound racing or dogracing in connection with any
wager for money or any other thing of value in the state. The Division is authorized to deny, suspend,
or revoke any permit or license in ch. 550, F.S., for conducting live greyhound racing or dogracing in
violation of this provision. In addition to, or in lieu of, denial, suspension, or revocation of such permit or
license, the Division is authorized to impose a civil penalty of up to $5,000. All penalties imposed and
collected must be deposited with the Chief Financial Officer to the credit of the General Revenue
Fund.20
Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)21 provides specific permitting and licensing requirements
for the conduct of the pari-mutuel industry.22 Pari-mutuel wagering activities are limited to operators
who have received a permit from the Division, which is then subject to ratification by county
referendum.23 Permitholders apply for an operating license annually to conduct pari-mutuel wagering
activities.24 Certain permitholders are also authorized to operate cardrooms 25 and slot machines at their
facility.26
During Fiscal Year 2021-2022, the following 39 pari-mutuel permitholders were licensed to operate:27
Nineteen Greyhound Racing permits.
Three Thoroughbred Horse Racing permits.
One Harness Horse Racing permit.
Six Quarter Horse Racing permits.
Ten Jai-Alai permits.
The Division is authorized to revoke or suspend any permit or license upon the willful violation by the
permitholder or licensee of any provision of the Act, or any administrative rule adopted by the Division,
and may impose a civil penalty against the permitholder or license up to $1,000 for each offense.28
During Fiscal Year 2022-2023, the Division issued 22 rulings and five consent orders with assessed
fines and/or imposed license suspensions for violations. 29
18 S. 550.01215(1)(b)1., F.S.
19 Id.
20 S. 550.01215(1)(b)2., F.S.
21 Ch. 550, F.S.
22 S. 550.054(1), F.S.
23 S. 550.054(2), F.S.
24 S. 550.0115, F.S.
25 S. 849.086, F.S.
26 S. 551.104, F.S.
27 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
28 S. 550.054(9)(b), F.S.
29 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
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False Swearing On Applications
Present Situation
Currently, the Division does not appear to have the authority to deny applications and suspend or
revoke professional licenses that it issues when it has found that an applicant or licensee has provided
false information on an application that was signed under oath.
Prior to July 1, 2022, the Division was a part of the Department of Business and Professional
Regulation (DBPR), which has the authority to take these actions.30 Specifically, the law provides that
any license issued by DBPR, which is issued or renewed in response to an application upon which the
person signing under oath or affirmation has falsely sworn to a material statement, including, but not
limited to, the names and addresses of the owners or managers of the licensee or applicant, is subject
to denial of the application or suspension or revocation of the license, and the person falsely swearing
is subject to any other penalties provided by law.31
On July 1, 2022, the Division was transferred out of DBPR and to the Commission. 32 However the
Division did not retain the ability to take these actions. According to the Commission, it “is responsible
for the regulation of licensees, permit holders, and persons participating in pari-mutuel wagering, slot
machine gaming, or cardroom activity in the state of Florida. To regulate the industry, the Florida
Gaming Control Commission needs to have the ability to apply the appropriate penalties when a person
makes a false material statement on an application.”33
Proposed Changes
The bill authorizes the Commission to deny any application or suspend or revoke any license that it
issues when a person falsely swears to a material statement on an application. Specifically, the bill
provides that any person who submits an application for a license to the Commission, or any person
issued a license or renewal by the Commission in response to an application, and upon which
application the person signing under oath or affirmation has falsely sworn to a material statement,
including, but not limited to, the criminal history of the applicant or licensee, is subject to denial of his or
her application or to suspension or revocation of his or her lic