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: SB 1568
INTRODUCER: Senator Hutson
SUBJECT: Fantasy Sports Contest Amusement Act
DATE: February 5, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Favorable
2. Kraemer Yeatman FP Favorable
I. Summary:
SB 1568 creates the Fantasy Sports Contest Amusement Act, which authorizes the offering of
fantasy sports contests by contest operators to persons 21 years of age or older, and provides
fantasy sports contests, as defined in the bill, involve the skill of contest participants.
The bill also authorizes the offering of fantasy sports contests by non-commercial contest
operators, provided participants pay an entry fee and be 21 years of age or older. A
noncommercial contest operator must pay all entry fees to participants as prizes, and may not pay
fantasy sports contest prize monies exceeding $1,500 per season or $10,000 annually.
Contest operators other than noncommercial contest operators must be licensed by the Florida
Gaming Control Commission (commission) and meet the requirements specified in the act for
fantasy sports contests. The commission must enforce and administer the act, investigate and
monitor the operation and play of fantasy sports contests, and may deny, suspend, or revoke any
licenses for violation of state law or rule.
The commission must revoke a contest operator’s license if the contest operator offers fantasy sports
contests that violate s. 546.13(7)(c), F.S., created by the bill, if a winning outcome of a contest is:
[B]ased on the score, point spread, or any performance or performances of
any single actual team or combination of such teams; solely on any single
performance of an individual athlete or player in a single actual event; on
a pari-mutuel event, as the term “pari-mutuel” is defined in
s. 550.002 [, F.S.]; on a game of poker or other card game; or on the
performances of participants in collegiate, high school, or youth sporting
events.
The impact on state revenues and expenditures is indeterminate. There is no impact expected on
local government revenues and expenditures. See Section V, Fiscal Impact Statement.
BILL: SB 1568 Page 2
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
In Florida, if a gaming activity is not expressly authorized by law, then the activity constitutes
illegal gambling. In addition to the activities the Seminole Tribe of Florida is authorized by law
to conduct pursuant to ch. 285.710, F.S.,5 the following gaming activities are authorized by law
and regulated by the state:
Pari-mutuel6 wagering at licensed greyhound and horse tracks and jai alai frontons;7
Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County;8
Cardrooms9 at certain pari-mutuel facilities;10
The state lottery authorized by section 15 of Article X of the State Constitution and
established under ch. 24, F.S.;11
Skill-based amusement games and machines at specified locations as authorized by
s. 546.10, F.S, the Family Amusement Games Act;12 and
The following activities, if conducted as authorized under ch. 849, relating to Gambling,
under specific and limited conditions:
o Penny-ante games;13
o Bingo;14
o Charitable drawings;15
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
See s. 285.710(3), F.S. The activities currently authorized to be conducted by the Seminole Tribe of Florida subject to
limitations described in s. 285.710, F.S., and the 2021 Gaming Compact, include the following: slot machines; banking or
banked card games (such as blackjack, limited to the tribal facilities in Broward County, Collier County, and Hillsborough
County); raffles and drawings; craps and other dice games; roulette; fantasy sports contests; and sports betting.
6
“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.
7
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
8
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
9
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.”
10
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. 23, 2024),
which states that of 29 licensed permitholders, 26 operated at a pari-mutuel facility.
11
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.
12
See s. 546.10, F.S.
13
See s. 849.085, F.S.
14
See s. 849.0931, F.S.
15
See s. 849.0935, F.S.
BILL: SB 1568 Page 3
o Game promotions (sweepstakes);16 and
o Bowling tournaments.17
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.18
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.19 A
constitutional amendment approved by the voters in 1986 authorized state-operated lotteries. Net
proceeds of the lottery are deposited to the Educational Enhancement Trust Fund (EETF) and
appropriated by the Legislature. Lottery operations are self-supporting and function as an
entrepreneurial business enterprise.20
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 laws21 and other laws relating to authorized gaming.22 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 ch. 24, F.S., (State Lotteries), part II
of ch. 285, F.S., (Gaming Compact), ch. 546, F.S., (Amusement Facilities), ch. 550, F.S., (Pari-
mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling), which are
referred to the Office of Statewide Prosecution by the Florida Gaming Control Commission
(commission).23
In addition to the enhanced authority of the Office of Statewide Prosecution, the commission was
created24 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
16
See s. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
17
See s. 849.141, F.S.
18
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).
19
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.
20
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.
21
See Special agents confiscate over 70 illegal gambling devices in Gadsden (tallahassee.com) and
https://www.tcpalm.com/story/news/crime/st-lucie-county/2023/10/24/st-lucie-county-deputies-raid-close-arcade-accused-of-
gambling/71302519007/ relating to recent enforcement by local law enforcement and agents of the Florida Gaming Control
Commission (both last visited Jan. 23, 2024).
22
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 in ch. 2022-7, Laws of Fla., (Reviser’s Bill) and ch. 2023-8, Laws
of Fla., (Reviser’s Bill).
23
Section 16.56(1)(a), F.S.
24
Section 16.71, F.S.
BILL: SB 1568 Page 4
(DPMW) which was transferred from the Department of Business and Professional Regulation
(DBPR) effective July 1, 2022.25
The commission must do all of the following:26
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 that the laws of this state are not interpreted in any manner that expands the activities
authorized in ch. 24, F.S. (State Lotteries), part II of ch. 285, F.S. (Gaming Compact),
ch. 546, F.S. (Amusement Facilities), ch. 550, F.S. (Pari-mutuel Wagering), ch. 551, F.S.,
(Slot Machines), or ch. 849, F.S. (Gambling).
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.
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.
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.
25
See ch. 2021-269, s. 11, Laws of Fla., which delineates the transfer of the DPMW to the commission from the DBPR.
26
Section 16.712, F.S. The commission also administers the Pari-mutuel Wagering Trust Fund. See s. 16.71(6), F.S.
BILL: SB 1568 Page 5
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 ch. 24, F.S. (State Lotteries), part II of ch. 285, F.S. (Gaming Compact),
ch. 546, F.S. (Amusement Facilities), ch. 550, F.S. (Pari-mutuel Wagering), ch. 551, F.S.,
(Slot Machines), or ch. 849, F.S. (Gambling), and determine whether such violation is
appropriate for referral to the Office of Statewide Prosecution.
Refer criminal violations of ch. 24, F.S., (State Lotteries), part II of ch. 285, F.S., (Gaming
Compact), ch. 546, F.S., (Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering),
ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling) 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.27 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.28
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 ch. 24, F.S., (State Lotteries), part II of ch. 285, F.S., (Gaming
Compact), ch. 546, F.S., (Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering),
ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling), or any rule adopted pursuant thereto,
or any law of this state.29
Such law enforcement officers may enter upon any premises at wh