The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1046
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Martin
SUBJECT: Gaming Control
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Favorable
2. Kraemer/Davis Betta AEG Fav/CS
3. Kraemer Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1046 revises laws relating to illegal gambling and gaming to:
Provide that false personation of Florida Gaming Control Commission (commission) staff
and agents is a crime;
Increase the penalties applicable for the offense of knowingly keeping a gambling house;
Prohibit the production and publication of advertisements for use or distribution in Florida of
an illegal gambling or gaming operation by any person or property owner;
Provide that the enhanced penalties offenses relating to the manufacture, sale, lease, play, or
possession of slot machines apply, if at the time of the violation, the violator is knowingly
acting as a manager of a location where illegal slot machines are offered for play or the
violator has a prior violation of this section;
Provide that the enhanced penalties offenses relating to the manufacture, sale, lease, play, or
possession of slot machines apply, if at the time of the violation, the violator is knowingly
acting as a manager of a location where illegal slot machines are offered for play and the
violation involves five or more slot machines, or the violator has two or more prior violation
of this section;
Except special laws enacted for the benefit of local governments related to enforcement of
the gambling and gaming laws, from the state preemption to enforce those laws. Also
excepted from the preemption to the state currently in the bill are express provisions in the
State Constitution and general law;
BILL: CS/CS/SB 1046 Page 2
Revise the information to be considered by a court for determining bail or release of persons
arrested for crimes involving controlled substances, a slot machine, or illegal gambling or
gaming, including the amount of currency seized that is connected to a violation of
chs. 550, 551, or 849, F.S., (Pari-mutuel Wagering, Slot Machines, and Gambling) (gambling
laws); and
Revise the Offense Severity Ranking Chart to provide for enhanced penalties for
bookmaking offenses and repeated bookmaking offenses.
The bill has an indeterminate fiscal impact to the state. See Section V., Fiscal Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
Background
In general, gambling is illegal in Florida.1 Chapter 849, F.S., prohibits keeping a gambling
house,2 running a lottery,3 or the manufacture, sale, lease, play, or possession of slot machines.4
However, the following gaming activities are authorized by law and regulated by the state:
Pari-mutuel5 wagering at licensed greyhound and horse tracks and jai alai frontons;6
Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County;7
Cardrooms8 at certain pari-mutuel facilities;9
The state lottery authorized by section 15 of Article X of the State Constitution and
established under ch. 24, F.S.;10
Skill-based amusement games and machines at specified locations as authorized by
s. 546.10, F.S, the Family Amusement Games Act;11 and
1
See s. 849.08, F.S.
2
See s. 849.01, F.S.
3
See s. 849.09, F.S.
4
Section 849.16, F.S.
5
“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.
6
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
7
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
8
Section 849.086, F.S. See s. 849.086(2)(c), F.S., which 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.”
9
See Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023 (Annual Report), at p. 15, at
https://flgaming.gov/pmw/annual-reports/docs/2022-2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 17, 2024),
which states that of 29 licensed permitholders, 26 operated at a pari-mutuel facility.
10
Chapter 24, F.S., was enacted by ch. 87-65, Laws of Fla., to establish the state lottery; s. 24.102, F.S., states the legislative
purpose and intent for the operations of the state lottery.
11
See s. 546.10, F.S.
BILL: CS/CS/SB 1046 Page 3
The following activities, if conducted as authorized under ch. 849, relating to Gambling,
under specific and limited conditions:
o Penny-ante games;12
o Bingo;13
o Charitable drawings;14
o Game promotions (sweepstakes);15 and
o Bowling tournaments.16
A license to offer pari-mutuel wagering, slot machine gambling, or a cardroom at a pari-mutuel
facility is a privilege granted by the state.17
The 1968 State Constitution states that “[l]otteries, other than the types of pari-mutuel pools
authorized by law as of the effective date of this constitution . . .” are prohibited.18 A
constitutional amendment approved by the voters in 1986 authorized state-operated lotteries. Net
proceeds of the lottery are deposited in the Educational Enhancement Trust Fund (EETF) and
appropriated by the Legislature. Lottery operations are self-supporting and function as an
entrepreneurial business enterprise.19
Enforcement of Gaming Laws and Florida Gaming Control Commission
In 202l, the Legislature updated Florida law for authorized gaming in the state, and for
enforcement of the gambling laws and other laws relating to authorized gaming.20 The Office of
Statewide Prosecution in the Department of Legal Affairs is authorized to investigate and
prosecute, in addition to gambling offenses, any violation of chs. 24, 285 (part II), 546, 550, 551,
or 849, F.S., (State Lotteries, Gaming Compact, Amusement Facilities, Pari-mutuel Wagering,
12
See s. 849.085, F.S.
13
See s. 849.0931, F.S.
14
See s. 849.0935, F.S.
15
See s. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
16
See s. 849.141, F.S.
17
See s. 550.1625(1), F.S., “…legalized pari-mutuel betting at dog tracks is a privilege and is an operation that requires strict
supervision and regulation in the best interests of the state.” See also, Solimena v. State, 402 So.2d 1240, 1247 (Fla. 3d DCA
1981), review denied, 412 So.2d 470, which states “Florida courts have consistently emphasized the special nature of
legalized racing, describing it as a privilege rather than as a vested right,” citing State ex rel. Mason v. Rose, 122 Fla. 413,
165 So. 347 (1936), and Zimmerman v. State of Florida, Fla. Gaming Control Comm’n, ___So.3d ___ (Fla. 5th DCA
Jan. 12, 2024) (Case No. 5D23-1062; not final until disposition of motions as set forth in the opinion).
18
The pari-mutuel pools that were authorized by law on the effective date of the State Constitution, as revised in 1968,
include horseracing, greyhound racing, and jai alai games. The revision was ratified by the electorate on November 5, 1968.
19
The Department of the Lottery is authorized by s. 15, Art. X of the State Constitution. Chapter 24, F.S., was enacted by ch.
87-65, Laws of Fla., to establish the state lottery. Section 24.102, F.S., states the legislative purpose and intent for the
operations of the state lottery.
20
See ch. 2021-268, Laws of Fla., (Implementation of 2021 Gaming Compact between the Seminole Tribe of Florida and the
State of Florida); ch. 2021-269, Laws of Fla., (Gaming Enforcement), ch. 2021-270, Laws of Fla., (Public Records and
Public Meetings), and 2021-271, Laws of Fla., (Gaming), as amended by ch. 2022-179, Laws of Fla., (Florida Gaming
Control Commission). Conforming amendments are made to the section in ch. 2022-7, Laws of Fla., (Reviser’s Bill) and
ch. 2023-8, Laws of Fla., (Reviser’s Bill).
BILL: CS/CS/SB 1046 Page 4
Slot Machines, and Gambling), which are referred to the Office of Statewide Prosecution by the
Florida Gaming Control Commission (commission).21
In addition to the enhanced authority of the Office of Statewide Prosecution, the commission was
created22 within the Department of Legal Affairs. The commission has two divisions, including
the Division of Gaming Enforcement (DGE), and the Division of Pari-mutuel Wagering
(DPMW) which was transferred from the Department of Business and Professional Regulation
effective July 1, 2022 (as discussed below).
The commission must do all of the following:23
Exercise all of the regulatory and executive powers of the state with respect to gambling,
including 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 state
lottery games as authorized by the State Constitution.
Establish procedures consistent with ch. 120, F.S., the Administrative Procedure Act, to
ensure adequate due process in the exercise of the commission’s regulatory and executive
functions.
Ensure the laws of this state are not interpreted in any manner that expands the activities
authorized in chs. 24, 285 (part II), 546, 550, 551, or 849, F.S.
Review the rules and regulations promulgated by the Seminole Tribal Gaming Commission
for the operation of sports betting and propose to the Seminole Tribe 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.
Evaluate, as the state compliance agency or as the commission, information that is reported
by sports governing bodies or other parties to the commission relating to:
o Any abnormal betting activity or patterns that may indicate a concern about the integrity
of a sports event or events;
o 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
o The use of data deemed unacceptable by the commission or the Seminole Tribal Gaming
Commission.
The commission must provide reasonable notice to state and local law enforcement, the
Seminole Tribal Gaming Commission, and any appropriate sports governing body of non-
proprietary information that may warrant further investigation of nonproprietary information
by such entities to ensure integrity of wagering activities in the state.
Review any matter within the scope of the jurisdiction of the DPMW.
21
Section 16.56(1)(a), F.S.
22
Section 16.71, F.S.
23
Section 16.712, F.S. The commission also administers the Pari-mutuel Wagering Trust Fund. See s. 16.71(6), F.S.
BILL: CS/CS/SB 1046 Page 5
Review the regulation of licensees, permitholders, or persons regulated by the DPMW and
the procedures used by that division to implement and enforce the law.
Review the procedures of the DPMW which are used to qualify applicants applying for a
license, permit, or registration.
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 chs. 24, 285 (part II), 546, 550, 551, or 849, F.S., and determine whether such
violation is appropriate for referral to the Office of Statewide Prosecution.
Refer criminal violations of chs. 24, 285 (part II), 546, 550, 551, or 849, F.S., to the
appropriate state attorney or to the Office of Statewide Prosecution, as applicable.
Exercise all other powers and perform any other duties prescribed by the Legislature, and
adopt rules to implement the above.
Commissioners
As set forth in s. 16.71, F.S., of the five commissioners appointed as members of the
commission, 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 the preceding
10 years. All members serve four-year terms, but may not serve more than 12 years. As of the
date of this analysis, there is one vacancy on the commission.
Division of Gaming Enforcement
Section 16.711, F.S., sets forth the duties of the Division of Gaming Enforcement (DGE) within
the commission.24 The DGE is a criminal justice agency, as defined in s. 943.045, F.S. The
commissioners must 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.25
The DGE director and all investigators employed by the DGE must meet the requirements for
employment and appointment provided by s. 943.13, F.S., and must be certified as law
enforcement officers, as defined in s. 943.10(1), F.S. The DGE director and such investigators
must be designated law enforcement officers and must have the power to detect, apprehend, and
arrest for any alleged violation of chs. 24, 285 (part II), 546, 550, 551, or 849, F.S., or any rule
adopted pursuant thereto, or any law of this state.26
Such law enforcement officers may 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, and such entry does not constitute a trespass. In any instance in which
there is reason to believe that a violation has occurred, such officers have the authority, without
24
For a summary of DGE investigations and actions in Fiscal Year 2022-2023, see Annual Report, supra n. 11 at p.5.
25
Section 16.711(2), F.S.
26
Section 16.711(3), F.S.
BILL: CS/CS/SB 1046 Page 6
warrant, to search and inspect any premises where the violation is alleged to have occurred or is
occurring.27
Further, any such officer 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. Investigators employed by the commission also have access to, and the right to inspect,
premises licensed by the commission, to collect taxes and remit them to the officer entitled to
them, and to examine the books and records of all persons licensed by the commission.28
The DGE and its investigators are specifically authorized to seize any contraband in accordance
with the Florida Contraband Forfeiture Act. The t