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 Regulated Industries
BILL: CS/SB 1404
INTRODUCER: Regulated Industries Committee and Senator Simon
SUBJECT: Gambling
DATE: March 27, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird Imhof RI Fav/CS
2. AEG
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1404 amends Florida Statutes in the following ways:
• Amends the requirements for appointing members of the Florida Gaming Control
Commission (commission).
• Amends the prohibitions on employment for certain employees and commissioners of the
commission to not allow a former employee or commissioner to be an employee, associate,
owner, or contractor for any person or entity that conducts or facilitates an activity regulated,
enforced, or investigated by the commission, including fantasy sports contests and other
betting activities.
• Amends the types of employment positions that are ineligible for employment with the
commission within the 2 years immediately preceding such employment, to include any
person or entity that conducts or facilitates an activity regulated, enforced, or investigated by
the commission, including fantasy sports contests and other betting activities.
• Amends the commission’s standards of conduct by prohibiting a former employee or
commissioner from being an employee, associate, owner, or contractor for any person or
entity that conducts or facilitates an activity regulated, enforced, or investigated by the
commission, including fantasy sports contests and other betting activities.
• Amends the commission’s standards of conduct by prohibiting a former employee’s or
commissioner’s relative living in the same household, from being an employee, associate,
owner, or contractor for any person or entity that conducts or facilitates an activity regulated,
enforced, or investigated by the commission, including fantasy sports contests and other
betting activities.
REVISED: BILL: CS/SB 1404 Page 2
• Prohibits the executive director, or an employee of the commission, for the 2 years
immediately following the date of resignation or termination from the commission from
being an employee, associate, owner, or contractor for any person or entity that conducts or
facilitates an activity regulated, enforced, or investigated by the commission, including
fantasy sports contests and other betting activities.
• Creates a procedure that would allow any veterans’ service organization granted a federal
charter under Title 36, U.S.C, or a division, a department, a post, or a chapter of such
organization, for which an alcoholic beverage license has been issued that is in doubt about
whether a machine meets the definition of an amusement machine under s. 546.10, F.S., to
petition the commission for a declaratory statement under s. 120.565, F.S., on whether the
operation of the game or machine would be authorized under this section or ch. 489, F.S.
• Provides that a game or machine awaiting a declaratory statement from the commission may
not be purchased or installed until the declaratory statement is issued.
• Creates a procedure that would allow the veterans’ organization that is in doubt about the
legality of a game or machine, currently on the premises, to petition the commission for a
declaratory statement pursuant to s. 120.565, F.S., on whether the operation of the game or
machine would be authorized under s. 546.10, F.S., or ch. 849, F.S. If the game, machine,
premises, or organization is the subject of an ongoing criminal investigation, the organization
may not petition the commission for a declaratory statement under this subsection.
• Provides that the commission shall issue a declaratory statement within 60 days after
receiving a petition. The commission may not deny a petition.
• Provides that petitions made under this subsection must provide enough information for the
commission to issue the declaratory statement and must be accompanied by the exact
specifications for the type of game or machine that the organization will purchase or install
or currently has on the premises. The declaratory statement is valid only for the game or
machine for which it is requested and is invalid if the specifications for the game or machine
have changed.
• Provides the declaratory statement is binding on the commission and can be introduced in
any subsequent proceedings as evidence of a good faith effort to comply with s. 546.10, F.S.,
or ch. 849, F.S.
• Does not prevent the commission or any other criminal justice agency from detecting,
apprehending, and arresting a person for any alleged crimes of this state.
• Does not require an owner or operator to request a declaratory statement in order to operate
pursuant to this section.
• Replaces a requirement for slot machine licensees with a requirement that slot machine
licensees create a written policy for ensuring opportunities for construction services from
economically disadvantaged businesses.
• Prohibits wagering on any professional or amateur game knowing that the results are
prearranged or have been predetermined.
• Prohibits the false impersonation of commission personnel or representatives and provides a
criminal penalty.
• Increases criminal penalties for keeping an illegal gambling house.
• Increases criminal penalties for agents or employees of a gambling house.
• Increases criminal penalties for renting a house for gambling purposes.
• Prohibits a person from tampering with or manipulating the playing cards, outcome, or
payoff of a card game in a licensed cardroom. BILL: CS/SB 1404 Page 3
• Provides definitions and increases criminal penalties for specified violations involving a slot
machine or device.
• Defines “Internet gambling,” and provide criminal penalties.
• Defines “Internet sports wagering,” and provides criminal penalties.
• Provides a higher criminal penalty for subsequent offenses in connection with lotteries.
• Creates new regulations regarding fantasy sports contests, including what constitutes a
fantasy sports contest. The amendment creates definitions for the following terms:
Confidential information; Contest operator; Contest participant; Entry fee; Fantasy sports
contest; Noncommercial contest operator.
• Provides that the commission shall investigate violations of this section and refer them to the
Attorney general or the state attorney.
• Provides civil and criminal penalties for violations of this section.
• Provides criminal penalties for persons in charge of slot machine locations.
• Prohibits trafficking in slot machines or devices and provides a criminal penalty.
• Requires the imposition of a specified fine for an offender convicted of trafficking in a
• specified number of slot machines and provide for the deposit of fines and use of proceeds.
• Prohibits a person from making false statements or disseminating false information regarding
the legality of a slot machine or device to facilitate the sale or delivery and provides criminal
penalties.
• Repeals a statute imposing criminal penalties for certain violations.
• Prohibits the transport or procurement of the transport of a specified number of persons to
facilitate illegal gambling, defines the term “illegal gambling” and provides criminal
penalties.
• Prohibits the making or disseminating of specified advertisements to promote or facilitate
illegal gambling, prohibits activities for the creation of specified advertisements, defines the
term “illegal gambling”, and provides a criminal penalty and provides exceptions.
• Preempts enactment or enforcement of local ordinances on activities under s. 546.10 and ch.
849, F.S.
• Requires a court to consider the amount of currency seized that is connected to specified
violations relating to illegal gambling when determining bail.
• Ranks offenses created by the act on the offense severity ranking chart of the Criminal
Punishment Code.
• Changes the rank of certain specified offenses on the offense severity ranking chart.
The bill provides an effective date of October 1, 2025. BILL: CS/SB 1404 Page 4
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-mutuel
5
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
• Cardrooms
8
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
• The following activities, if conducted as authorized under ch. 849, F.S., 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
1
See s. 849.08, F.S.
2
See s. 849.01, F.S.
3
See s. 849.09, F.S.
4
See s. 849.16, F.S.
5
Section 550.002(22), F.S., defines “pari-mutuel” 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.
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(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.”
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 March
24, 2025), 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.
12
See s. 849.085, F.S.
13
See s. 849.0931, F.S.
14
See s. 849.0935, F.S.
15
Section 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
Section 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 BILL: CS/SB 1404 Page 5
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 to 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 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 commission.21
In addition to the enhanced authority of the Office of Statewide Prosecution, the commission was
created
22
within the Department of Legal Affairs. The commission has two divisions, 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.
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).
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).
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/SB 1404 Page 6
• 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 the
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 Division of
Pari-mutuel Wagering 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 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. BILL: CS/SB 1404 Page 7
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 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 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.
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
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 term “contraband” has the same meaning as the
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.
27
Id.
28
Id. BILL: CS/SB 1404 Page 8
term “contraband article” in s. 932.701(2)(a)2., F.S.
29
The DGE is specifically authorized to store
and test any contraband that is seized in accordance with the Florida Contraband Forfeiture Act
and may authorize any of its staff to implement this provision. The authority of any other person
authorized by law to seize contraband is not limited by these provisions.
30
Section 16.711(5), F.S., requires the Florida Department of Law Enforcement (FDLE) to provide
assistance in obtaining criminal history information relevant to investigations required for
honest, secure, and exemplary gaming operations, and such other assistance as may be requested
by the commission’s executive director and agreed to by FDLE’s executive director. Any other
state agency, including the DBPR and the Department of Revenue, must, upon request, provide
the commission with any information relevant to any investigation conducted as described
above, and the commission must reimburse any agency for the actual cost of providing any such
assistance.
31
Division of Pari-mutuel Wagering
The commission has regulatory oversight of permitted and licensed pari-mutuel wagering
facilities, cardrooms located at pari-mutuel facilities, and slot machines at pari-mutuel facilities
located in Miami-Dade and Broward counties. The DPMW is charged with the regulation of
Florida’s pari-mutuel, cardroom, and slot gaming industries, as authorized by ch. 550, F.S.,
(Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), and ch. 849, F.S., (Gambling), as well as
collecting and safeguarding associated revenues due to the state. The DPMW supports the
commission in meeting the commission’s obligations as the State Compliance Agency (SCA)
32
in carrying out the state’s oversight responsibilities under the provisions of the Gaming Compact
between the Seminole Tribe of Florida and the State of Florida.
33
Fantasy Sports Contests
The operation of fantasy sports activities in Florida has recently received significant publicity,
much like the operation of Internet cafes in recent years. Many states are now evaluating the
status of fantasy gaming activities in their jurisdictions,
34
as there are millions of participants.
35
29
Section 16.711(4), F.S.
30
Id.
31
Section 16.711(5), F.S.
32
See s. 285.710, F.S. Until June 30, 2022, the DPMW was designated as the SCA, prior to that division’s transfer to the
commission from the Department of Business and Professional Regulation, as set forth in ch. 2021-269, Laws of Fla.
33
Section 285.710(3)(b), F.S., provides that the Gaming Compact between the Seminole Tribe of Florida and the State of
Florida (2021 Gaming Compact), executed by the Governor and the Tribe on April 23, 2021, as amended on May 17, 2021, is
ratified and approved. The 2021 Gaming Compact may be accessed at https://www.flgov.com/wp-
content/uploads/pdfs/2021%20Gaming%20Compact.pdf (last visited March 24, 2025). The May 17, 2021, amendment states
that Part XVIII.A [relating to certain negotiations within 36 months] is deleted in its entirety and replaced with “Reserved”,
and that the Seminole Tribe of Florida agrees that it will not commence Sports Betting, as defined in Part III.CC, prior to
October 15, 2021 (The 2021 Gaming Compact is on file with the Senate Regulated Industries Committee).
34
See Marc Edelman, A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime,
Journal of Sports & Entertainment Law, Harvard Law School Vol. 3 (Jan. 2012) available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1907272 (last visited March 27, 2025).
35
According to the Fantasy Sports Trade Association, which states it represents the interests of 57 million fantasy sports
players, fantasy sports leagues were originally referred to as “rotisserie leagues” with the development of Rotisserie League BILL: CS/SB 1404 Page 9
A fantasy game typically has multiple players who select and manage imaginary teams whose
players are actual professional sports players. Fantasy game players compete against one another
in various formats, including weekly leagues among friends and colleagues, season-long leagues,
and on-line contests (daily and weekly) entered by using the Internet through personal computers
or mobile telephones and other communications devices. There are various financial
arrangements among players and game operators.
Florida law does not specifically address fantasy contests. Section 849.14, F.S.,
36
provides that a
person who wagers any “thing of value” upon the result of a contest of skill or endurance of
human or beast, or who receives any money wagered, or who knowingly becomes the custodian
of money or other thing of value that is wagered, is guilty of a second degree misdemeanor.
37
Last year, the commission issued cease and desist correspondence to various companies
operating fantasy contests in the state concerning possible violations of Florida’s gambling laws.
The letters have generated controversy, concern, and interest from contest operators, elected
officials, and the Seminole Tribe of Florida, which has entered into gaming compacts with the
state (as discussed below).
38
The legality of various forms of fantasy sports games and contests is
being reviewed and addressed in a number of states.
39
The State of Nevada has regulated gaming for more than 80 years, and its gaming control board
was created by its legislature in 1955.
40
In 2015, the Office of the Nevada Attorney General
provided the Nevada Gaming Control Board and the Nevada Gaming Commission the following
informative summary about fantasy sports, player selection, and the types of simulated games
being marketed to participants (referred to as owners in the Memorandum).
41
Description of Fantasy Sports Games
Fantasy sports are games where the participants, as ‘‘owners,’’ assemble ‘‘simulated teams’’
with rosters and/or lineups of actual players of a professional sport. These games are generally
played over the Internet using computer or mobile software applications. Fantasy sports cover a
number of actual professional sports leagues, including the NFL, the MLB, the NBA, the NHL,
the MLS, NASCAR, as well as college sports such as NCAA football and basketball.
Fantasy sports can be divided into two types: (1) traditional fantasy sports, which track player
performance over the majority of a season, and (2) daily fantasy sports, which track player
Baseball in 1980, by magazine writer/editor Daniel Okrent, who met and played it with friends at a New York City restaurant
La Rotisserie Francaise. See https://thefsga.org/history/ (last visited March 27, 2025).
36
See Fla. AGO 91-03 (Jan. 7, 1991) available at https://www.myfloridalegal.com/ag-opinions/gambling-fantasy-sports-
league (last visited March 27, 2025).
37
A conviction for a second degree misdemeanor may subject the violator to a definite term of imprisonment not exceeding
60 days, and a fine not exceeding $500. See ss. 775.082 and 775.083, F.S.
38
See https://www.floridatrend.com/article/38854/questions-swirl-around-fantasy-sports (last visited March 27, 2025).
39
See State Regulators Take Closer Look At Fantasy Sports Operators (sportshandle.com) (last visited March 27, 2025).
40
See https://gaming.nv.gov/index.aspx?page=2 (last visited Jan. 21, 2024).
41
See Memorandum from J. Brin Gibson, Bureau Chief of Gaming and Government Affairs, and Jetan D. Bhirud, Head of
Complex Litigation, to A.G. Burnett, Chairman, Nevada Gaming Control Board; Terry Johnson, Member, Nevada Gaming
Control Board; Shawn Reid, Member, Nevada Gaming Control Board (Oct. 16, 2015) (on file with the Senate Regulated
Industries Committee). BILL: CS/SB 1404 Page 10
performance over a single game. The owners of these simulated teams compete against one
another based on the statistical performance of actual players in actual games. The actual
players’ performance in specific sporting events is converted into ‘‘fantasy points’’ such that
each actual player is assigned a specific score. An owner will then receive a total score that is
determined by compiling the individual scores of each player in the owner’s lineup. Thus,
although the owners select lineups, once the lineup has been selected------at least in the context
of daily fantasy sports------the owners have basically no ability to control the outcome of the
simulated games. [Memorandum footnote 2: Given that lineups on some sites do not "lock" until
the start of each individual game, the owners have until the tipoff of each individual game to set
each particular lineup spot.]
Specifically, the owners of the simulated teams have no ability to control how many points their
simulated teams receive from an actual player’s performance. The actual players in the actual
games control their own performance. As a result, after an owner places a bet and sets a final
lineup, the owner has no ability to influence the outcome of a simulated game. At that point, the
owner waits to see what happens based upon the performance of the actual players selected.
Player Selection
The three most common methods of player selection in fantasy sports are (1) a snake draft; (2) an
auction draft; and (3) a salary-cap draft. [Memorandum footnote omitted.] In a snake draft,
owners take turns drafting actual players for their simulated teams. In an auction draft, each
owner has a maximum budget to use to bid for players. Competing owners, however, cannot
select the same actual players for their simulated teams as other owners. Daily fantasy sports do
not generally utilize a snake draft or an auction draft.
In a salary-cap draft, just like in an auction draft, each owner has a maximum budget. Unlike in
an auction draft, however, the owners do not bid against each other. Instead, each actual player
has a set fantasy salary. Although (with a few exceptions) [Memorandum footnote 4: For
example, most sites require owners to select actual players from at least three different actual
teams.], the owners can select any actual player for their teams, the owners cannot exceed their
maximum budget. In this format, generally speaking, competing owners can select the same
actual players for their simulated teams as other owners.
Types of Simulated Games
Although there are many different types of simulated games offered across the different daily
fantasy websites, the simulated games can generally be divided into (1) head-to-head; and (2)
tournaments.
In head-to-head simulated games, one owner competes against another owner. The owner with
the highest total score will win the entire payout pool.
Tournaments are simulated games that involve more than two owners.
BILL: CS/SB 1404 Page 11
Prohibitions for Commission Employees and Commissioners
Commissioners are public officers, and employees are public employees, subject to the Code of
Ethics for Public Officers and Employees set forth in part III of ch. 112, F.S., (Code of Ethics).
Commissioners and employees are also governed by standards of conduct and provisions
limiting ex parte communications, as provided in the bill, similar to the standards applicable to
commissioners serving on the Public Service Commission.
For a period of two years immediately preceding appointment to, or employment with, the
commission, and while appointed or employed with the commission, a person may not:
• Hold a permit or license issued under ch. 550, F.S., (Pari-mutuel Wagering), or a license
issued under ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling); be an officer,
official, or employee of such permitholder or licensee; or be an ultimate equitable owner, as
defined in s. 550.002(37), F.S.,
42
of such permitholder or licensee;
• Be an 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;
be a contractor or subcontractor of such tribe, or an entity employed, licensed, or contracted
by such tribe; or be an ultimate equitable owner, as defined in s. 550.002(37), F.S., of such
entity;
• Be or have been, a member of the Legislature;
• Be a registered lobbyist for the executive or legislative branch, except while a commissioner
when officially representing the commission; or
• Be a bingo game operator or an employee of a bingo game operator;
Persons who fail to meet or violate the above requirements are ineligible for appointment to or
employment with the commission, or if, within the two years immediately preceding such
appointment or employment, he or she has solicited or accepted employment with; acquired any
direct or indirect interest in; has any direct or indirect business association, partnership, or
financial relationship with; or is a relative of, any person or entity who is:
• An applicant, licensee, or registrant with the commission or the Division of Pari-mutuel
Wagering (division) in the DBPR;
• An 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), F.S., of such entity.
The term “relative” means a spouse, father, mother, son, daughter, grandfather, grandmother,
brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, or half-sister.
42
Section 550.002, F.S., defines the term “ultimate equitable owner” to mean “a natural person who, directly or indirectly,
owns or controls five percent or more of an ownership interest in a corporation, foreign corporation, or alien business
organization, regardless of whether such person owns or controls such ownership through one or more natural persons or one
or more proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or
other entities or devices, or any combination thereof.” BILL: CS/SB 1404 Page 12
A person who is ineligible for employment with the commission due to being a relative of one of
the persons described above may submit a waiver request to the commission for the person to be
considered eligible for employment. Waiver requests must be considered on a case-by-case basis,
and the commission must approve or deny each request. If the commission approves the request,
the person is eligible for employment with the commission. The waiver procedure does not apply
to candidates for appointment to the commission.
A person is ineligible for employment with the commission if he or she were:
• Convicted or found guilty of, or pled nolo contendere to, regardless of adjudication, in any
jurisdiction, a felony within five years of the date of application;
• Convicted or found guilty of, or pled nolo contendere to, regardless of adjudication, in any
jurisdiction, a misdemeanor within five years of the date of application which the
commission determines bears a close relationship to the duties and responsibilities of the
position for which employment is sought; or
• Dismissed from prior employment for gross misconduct or incompetence or intentionally
making a false statement concerning a material fact in connection with the application for
employment to the commission.
If an employee of the commission is charged with a felony while employed by the commission,
the commission must suspend the employee, with or without pay, and terminate employment
with the commission upon conviction. If an employee is charged with a misdemeanor while
employed, the commission must suspend the employee, with or without pay, and may terminate
employment upon conviction if the commission determines that the offense bears a close
relationship to the duties and responsibilities of the position held with the commission.
A commissioner or an employee must notify the commission within three calendar days of arrest
for any offense. In addition, a commissioner or an employee must provide detailed written notice
of the circumstances to the commission if the member or employee is indicted, charged with,
convicted of, pleads guilty or nolo contendere to, or forfeits bail for:
• A misdemeanor involving gambling, dishonesty, theft, or fraud;
• A violation of any law in any state, or a law of the United States or any other jurisdiction,
involving gambling, dishonesty, theft, or fraud which would constitute a misdemeanor in
Florida; or
• A felony under the laws of Florida or any other state, the United States, or any other
jurisdiction.
State Preemption
There are two ways that a local enactment can be inconsistent with state law and therefore
unconstitutional. First, a local government cannot legislate in a field if the subject area has been
preempted to the state. Second, in a field where both the state and local government can legislate
concurrently, a local government cannot enact an ordinance that directly conflicts with the state
statute.
43
43
Orange County v. Singh, 268 So. 3d 668, 673 (Fla. 2019) (citing Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d
309, 314 (Fla. 2008)); see also James Wolf & Sarah Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict BILL: CS/SB 1404 Page 13
State law recognizes two types of state preemption: express and implied. Express preemption
requires a specific legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.
44
In contrast, implied preemption exists if the legislative scheme is so
pervasive as to evidence an intent to preempt the particular area, and where strong public policy
reasons exist for finding such an area to be preempted by the Legislature.
45
Courts determining
the validity of local government ordinances enacted in the face of state preemption, whether
express or implied, have found such ordinances to be null and void.
46
III. Effect of Proposed Changes:
Section 1 amends s. 16.71, F.S., relating to the commission, to remove the requirement that
members of the commission must be appointed by January 1, 2022 and the requirement that the
Governor shall consider appointees based on racial, ethnic, and gender diversity. The bill also
removes language that directed the Governor to appoint one of the initial members as the initial
chair and the initial vice chair.
Section 2 amends s. 16.713, F.S., to prohibit a person, for the 2 years immediately preceding the
date of appointment to or employment with the commission and while appointed to or employed
with the commission from being an employee, associate, owner, or contractor for any person or
entity that conducts or facilitates an activity regulated, enforced, or investigated by the
commission, including fantasy sports contests and other betting activities.
Section 3 amends s. 16.715, F.S., to prohibit a person while employed, and for 2 years after
service as a commissioner or for 2 years after employment with the commission, a commissioner
from accepting any form of employment with or engage in any business activity with any
business entity that, either directly or indirectly, owns or controls any person regulated by the
commission; any person regulated by the commission; or any business entity that, either to
directly or indirectly, is an affiliate or subsidiary of any person regulated by the commission; or
be an employee, an associate, an owner, or a contractor for any person or entity that conducts or
facilitates an activity regulated, enforced, or investigated by the commission, including fantasy
sports contests and other betting activities.
Additionally, this section of the bill prohibits, while employed, and for 2 years after service as a
commissioner or for 2 years after employment with the commission, a commissioner, an
employee, or a relative living in the same household as a commissioner or an employee may not
have any financial interest, other than shares in a mutual fund, in any person regulated by the
commission; in any business entity that, either directly or indirectly, owns or controls any person
regulated by the commission; or in any business entity that, either directly or indirectly, is an
Analysis, 83 FLA. BAR J. 92 (2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-
home-rule-a-preemption-and-conflict-analysis/ (last visited March 27, 2025).
44
City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Brevard, Inc., 3 So. 3d at 1018.
45
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
46
See, e.g., National Rifle Association of America, Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002)
(concluding that a City of South Miami local government ordinance, which purported to provide safety standards for
firearms, was null and void because the Legislature expressly preempted the entire field of firearm and ammunition
regulation when it enacted s. 790.33, F.S.). BILL: CS/SB 1404 Page 14
affiliate or a subsidiary of any person regulated by the commission; or be an employee, an
associate, an owner, or a contractor for any person or entity that conducts or facilitates an activity
regulated, enforced, or investigated by the commission, including fantasy sports contests and
other betting activities.
Further, this section of the bill prohibits the executive director, or an employee of the
commission, for the 2 years immediately following the date of resignation or termination from
the commission from being an employee, associate, owner, or contractor for any person or entity
that conducts or facilitates an activity regulated, enforced, or investigated by the commission,
including fantasy sports contests and other betting activities.
Section 4 amends s. 546.10, F.S., relating to amusement games or machines, to provide a
procedure that would allow any veterans’ service organization granted a federal charter under
Title 36, U.S.C, or a division, a department, a post, or a chapter of such organization, for which
an alcoholic beverage license has been issued that is in doubt about whether a machine meets the
definition of an amusement machine under s. 546.10, F.S. , to petition the Florida Gaming
Control Commission for a declaratory statement under s. 120.565, F.S., on whether the operation
of the game or machine would be authorized under s. 546.10, F.S., or ch. 489, F.S.
This section of the bill provides that a game or machine awaiting a declaratory statement from
the commission may not be purchased or installed until the declaratory statement is issued.
Additionally, this section, creates a procedure that would allow the veterans’ organization that is
in doubt about the legality of a game or machine, currently on the premises, to petition the
commission for a declaratory statement pursuant to s. 120.565, F.S., on whether the operation of
the game or machine would be authorized under s. 546.10, F.S., or ch. 849, F.S. If the game,
machine, premises, or organization is the subject of an ongoing criminal investigation, the
organization may not petition the commission for a declaratory statement under this subsection.
Under this section the bill provides that:
• The commission shall issue a declaratory statement within 60 days after receiving a petition.
• The commission may not deny a petition.
• Petitions made under this subsection must provide enough information for the commission to
issue the declaratory statement and must be accompanied by the exact specifications for the
type of game or machine that the organization will purchase or install or currently has on the
premises.
• The declaratory statement is valid only for the game or machine for which it is requested and
is invalid if the specifications for the game or machine have changed.
• The declaratory statement is binding on the commission and can be introduced in any
subsequent proceedings as evidence of a good faith effort to comply with s. 546.10, F.S., or
chapter 849, F.S.
• This section of the bill does not prevent the commission or any other criminal justice agency
from detecting, apprehending, and arresting a person for any alleged crimes of this state.
• An owner or operator is not required to request a declaratory statement in order to operate
pursuant to this section of the bill.
BILL: CS/SB 1404 Page 15
Section 5 amends s. 551.104, F.S., relating to a license to conduct slot machine gaming,
removing references to “including minority vendors” and the provision that required each slot
machine licensee to provide an annual report to the commission containing information
indicating compliance with the contracting with minority persons requirement.
Section 6 amends s. 838.12, F.S., relating to bribery in athletic contests, to provide that “a person
who stakes, bets, or wagers any money or other thing of value upon the result of any professional
or amateur game, contest, match, race, or sport with knowledge that the results of such
professional or amateur game, contest, match, race, or sport are prearranged or predetermined as
described in this section commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.”
Section 7 amends s. 843.08, F.S., relating to false personation, to provide that a person who
falsely assumes or pretends to be, and acts as any personnel or representative of the commission,
commits a third degree felony.
47
Under current law, the false personation offense occurs when a person impersonates and acts as a
firefighter, a sheriff, a Florida Highway Patrol officer, a Fish and Wildlife Conservation
Commission officer, a Department of Environmental Protection officer, a Department of
Financial Services officer, any personnel or representative of the Division of Investigative and
Forensic Services, a Department of Corrections officer, a correctional probation officer, a deputy
sheriff, a state attorney or an assistant state attorney, a statewide prosecutor or an assistant
statewide prosecutor, a state attorney investigator, a coroner, a police officer, a lottery special
agent or lottery investigator, a beverage enforcement agent, any personnel or representative of
the Department of Law Enforcement, certain federal law enforcement officers, and others.
48
If the false personation occurs during the course of the commission of a felony, the violator
commits a felony of the second degree (up to 15 years/$10,000 fine).
49
Section 8 amends s. 849.01, F.S., relating to the keeping of gambling houses, to increase the
penalty for that offense from a second degree misdemeanor (up to 60 days/$500 fine)
50
to a third
degree felony (up to five years/$5,000 fine).
51
52
Current law provides, in part, that the keeping of
a gambling house includes any person, servant, clerk, or agent who:
47
Section 775.082, F.S., provides a felony of the third degree is punishable by a term of imprisonment not to exceed five
years. Section 775.083, F.S., provides a felony of the third degree is punishable by a fine not to exceed $5,000. Under
s. 775.084, F.S., an habitual felony offender is subject to enhanced penalties.
48
See s. 843.08, F.S.
49
Section 775.082, F.S., provides a felony of the second degree is punishable by a term of imprisonment not to exceed 15
years. Section 775.083, F.S., provides a felony of the second degree is punishable by a fine not to exceed $10,000. Under
s. 775.084, F.S., an habitual felony offender is subject to enhanced penalties.
50
Section 775.082, F.S., provides a misdemeanor of the second degree is punishable by a term of imprisonment not to exceed
60 days. Section 775.083, F.S. provides a misdemeanor of the second degree is punishable by a fine not to exceed $500. The
enhanced penalties for this violation increase to imprisonment not to exceed five years and a fine not to exceed $5,000.
51
Section 775.082, F.S., provides a felony of the third degree is punishable by a term of imprisonment not to exceed five
years. Section 775.083, F.S., provides a felony of the third degree is punishable by a fine not to exceed $5,000.
52
Section 775.082, F.S., provides a felony of the second degree is punishable by a term of imprisonment not to exceed 15
years. Section 775.083, F.S., provides a felony of the second degree is punishable by a fine not to exceed $10,000. Under
s. 775.084, F.S., an habitual felony offender is subject to enhanced penalties. BILL: CS/SB 1404 Page 16
[H]as, keeps, exercises or maintains a gaming table or room, or gaming
implements or apparatus, or house, booth, tent, shelter or other place for
the purpose of gaming or gambling or in any place of which she or he may
directly or indirectly have charge, control or management, either
exclusively or with others, procures, suffers or permits any person to play
for money or other valuable thing at any game whatever . . . .
Section 9 amends s. 849.02, F.S., relating to agents or employees of keeper of gambling house,
creates a tier for violators based on the frequency of offenses, providing that:
• For a first offense, a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083, F.S.
• For a second offense, a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, F.S.
• For a third or subsequent offense, a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, F.S.
Section 10 amends s. 849.03, F.S., relating to renting a house for gambling purposes, providing
that a person who knowingly rents to another a house, room, booth, tent, shelter or place for the
purpose of gaming commits:
• For a first offense, a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, F.S.
• For a second or subsequent violation, a felony of the second degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084, F.S.
Section 11 amends s. 849.08, F.S., relating to gambling, to provide a definition for the terms
“Internet gambling” and “Internet sports wagering” along with associated penalties.
• “Internet gambling” means “to play or engage in any game in which money or other thing of
value is awarded based on chance, regardless of any application of skill, that is available on
the Internet and accessible on a mobile device, computer terminal, or other similar access
device and simulates casino-style gaming, including, but not limited to, slot machines, video
poker, and table games.”
• “Internet sports wagering” means “to stake, bet, or wager any money or other thing of value
upon the result of any trial or contest of skill, speed, power, or endurance of human or beast
that is available on the Internet and accessible on a mobile device, computer terminal, or
other similar access device.”
The bill also provides criminal penalties - a misdemeanor of the second degree - for a person
who plays or engages in Internet gaming. Additionally, a person who plays or engages in Internet
sports wagering commits:
• For a first offense, a misdemeanor of the second degree, punishable as provided in s. 775.082
or s. 775.083, F.S.
• For a second or subsequent violation, a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, F.S.
A person commits a third degree felony if they are “a person who operates, conducts, or
promotes Internet gambling or Internet sports wagering, or receives in any manner whatsoever BILL: CS/SB 1404 Page 17
any money or other thing of value offered for the purpose of Internet gambling or Internet sports
wagering, or whoever knowingly becomes the custodian or depositary of any money or other
thing of value so offered, or whoever aids, assists, abets, or influences in any manner in any of
such acts.” This section of the bill does not apply to people participating in authorized gaming
activities under s. 285.710(13), F.S., or any gaming compact.
Section 12 amends s. 849.086, F.S., relating to authorized cardrooms, providing that prohibited
activities include: “a person who manipulates or attempts to manipulate the playing cards,
outcome, or payoff of a card game in a licensed cardroom by physical tampering or by use of any
object, instrument, or device, whether mechanical, electrical, magnetic, or involving other
means, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, F.S.”
Section 13 creates s. 849.0932, F.S., relating to fantasy sports contests, to provide new
regulations regarding fantasy sports contests, including what constitutes a fantasy sports contest,
providing definitions for the following terms: Confidential information; Contest operator;
Contest participant; Entry fee; Fantasy sports contest; Noncommercial contest operator. Total
entry fees, collected, maintained, and distributed by a noncommercial contest operator for a
fantasy sports contest may not exceed $1,500 per season or a total of $10,000 per calendar year
and that all entry fees must be returned to the contest participants in the form of prizes.
This section of the bill provides that the commission shall investigate violations of this section
and refer them to the Attorney General or the state attorney. The bill provides civil and criminal
penalties for violations of this section including:
• An operator or owner of any website, platform, or application that offers fantasy sports
contests in violation of this section is subject to a fine of up to $100,000 per violation.
• A person who willfully and knowingly violates this section commits a misdemeanor of the
first degree, punishable as provided in ss. 775.082 or 775.083, F.S.
• An operator or owner of any application, platform, or website that offers fantasy sports
contests in violation of this section commits a felony of the third degree, punishable as
provided in ss. 775.082, 775.083, or 775.084, F.S.
Section 14 amends s. 849.11, F.S., relating to games of chance, providing that a person who
plays any game of chance by lot or with dice, cards, numbers, hazards or any other gambling
device, in person or by the use, at least in part, of the Internet, commits a misdemeanor of the
second degree. The bill also provides that “a person who sets up, operates, conducts, promotes,
or receives in any manner whatsoever any money or other thing of value offered for the purpose
of conduct prohibited in this section, or whoever knowingly becomes the custodian or depositary
of any money or other thing of value so offered, or whoever aids, assists, abets, or influences in
any manner in any of such acts, commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, F.S.”
Section 15 amends s. 849.13, F.S., relating to second convictions, providing that a person who
commits a second or subsequent violation of the same offense, in connection with lotteries for
which there is no penalty specified for a second or subsequent violation, shall have the offense
reclassified to an offense of the next higher degree.
BILL: CS/SB 1404 Page 18
Section 16 amends s. 849.14, F.S., relating to unlawful betting on games of skill, changing
“whoever” stakes, bets, or wagers any money or other thing of value, to “a person who” stakes,
bets, or wagers any money or other thing of value… commits a felony of the third degree., and
includes punishment provided in s. 775.084, F.S.
Section 17 amends s. 849.15, F.S., relating to prohibited slot machines, providing a definition for
a “conviction” to mean “a determination of guilt that is the result of a plea or a trial, regardless of
whether adjudication is withheld or a plea of nolo contendere is entered.” The bill also provides a
definition for “person of authority” to mean a person who, at any business, establishment,
premises, or other location at which a slot machine or device is offered for play, has:
• Actual authority to act on behalf of the business, establishment, premises, or other location
where a slot machine or device is offered for play; or
• Any ownership interest in the business, establishment, premises, or other location. The term
“ownership interest” includes being an officer, director, or managing member of the
business, establishment, premises, or other location.
The bill also provides the following criminal penalties:
• A person who violates the prohibitions on slot machines commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083, F.S.
• A person commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if he or she violates the prohibitions on slot machines and:
o At the time of the violation, the person was a person of authority; or
o The person has one prior conviction for a violation of this section.
• A person commits a felony of the second degree punishable as provided in s. 775.082, s.
775.083, or s. 775.084, F.S., if he or she violates the prohibitions on slot machines and:
o At the time of the violation, the person was a person of authority; and
o The violation involves five or more slot machines or devices; or
o The person has two or more prior convictions for a violation of this section.
Further, this section provides that “all shipments of legal gaming devices, including legal slot
machines, into Indian lands located within this state shall be deemed legal shipments thereof
provided that such Indian lands are held in federal trust for the benefit of a federally recognized
Indian tribe that is a party to a tribal-state compact with the state pursuant to the federal Indian
Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. ss. 2701 et seq.”
Section 18 creates s. 849.155, F.S., relating to trafficking in slot machines, providing that it is a
first-degree felony for any person who knowingly sells, purchases, manufactures, transports,
delivers, or brings into this state more than 15 slot machines or devices or any parts thereof.
The bill also creates associated fines based on the quantity of slot machines:
• For more than 15 slot machines but less than 25 slot machines, such person must be fined
$100,000.
• For 25 or more slot machines but less than 50 slot machines, such person must be fined
$250,000.
• For 50 or more slot machines, such person must be fined $500,000.
BILL: CS/SB 1404 Page 19
The bill provides a carveout from criminal and financial penalties if such person is trafficking
slot machines into any county of this state that has authorized slot machine gaming and shall be
deemed legal shipments, provided that the destination of such shipments is an eligible facility as
defined in s. 551.102, F.S., or the facility of a slot machine manufacturer or slot machine
distributor as provided in s. 551.109(2)(a), F.S. All shipments of legal gaming devices, including
legal slot machines, into Indian lands located within the state shall be deemed legal shipments, so
long as the Indian lands are held in federal trust for the benefit of a federally recognized compact
with the state.
Finally, this section of the bill provides that all fines imposed and collected pursuant to this
section must be deposited into the Pari-mutuel Wagering Trust Fund and may be used for the
enforcement of chapters 546, 550, 551, and 849, F.S., by the commission.
Section 19 creates s. 849.157, F.S., relating to making a false or misleading statement regarding
the legality of slot machines to facilitate sale, providing that a person who knowingly and
willfully makes a materially false or misleading statement or who knowingly and willfully
disseminates false or misleading information regarding the legality of a slot machine or device
for the purpose of facilitating the sale or delivery of a slot machine or device for any money or
other valuable consideration commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, F.S.
If the sale or delivery is of five or more slot machines, then the person commits a felony of the
second degree.
Section 20 repeals s. 849.23, F.S., that provided criminal penalties for the possession,
manufacturing, or sale of prohibited slot machines.
Section 21 creates s. 849.47, F.S., relating to the transportation of persons to facilitate illegal
gambling, providing for a definition for “illegal gambling” to mean “any criminal violation of
chapter 546, chapter 550, chapter 551, or [chapter 849] that occurs at any business,
establishment, premises, or other location.”
Under the bill, a person who knowingly and willfully transports, or procures the transportation of
five or more other persons into or within this state when he or she knows or reasonably should
know that such transportation is for the purpose of facilitating illegal gambling commits a
misdemeanor of the first degree.
A person who transports, or procures the transportation of, a minor or a person 65 years of age or
older commits a felony of the third degree.
A person who transports, or procures the transportation of, 12 or more persons commits a felony
of the third degree.
Section 22 creates s. 849.48, F.S., relating to prohibited gambling or gaming advertisements,
prohibiting a person knowingly and intentionally making, publishing, disseminating, circulating,
or placing before the public, or cause, directly or indirectly, to be made, published, disseminated,
circulated, or placed before the public in this state, in any manner, whether in person or by the BILL: CS/SB 1404 Page 20
use, at least in part, of the Internet, any advertisement circular, bill, poster, pamphlet, list,
schedule, announcement, or notice for the purpose of promoting or facilitating illegal gambling.
A person may not set up any type or plate for any type of advertisement, circular, bill, poster,
pamphlet, list, schedule, announcement, or notice when he or she knows or reasonably should
know that such material will be used for the purpose of promoting or facilitating illegal
gambling.
Under the bill, a person who violates this section commits a first-degree misdemeanor for their
first offense and a felony of the third degree for a second or subsequent offense.
The bill does not prohibit the printing of any advertisement, circular, bill, poster, pamphlet, list,
schedule, announcement, or notice to be used for the purpose of promoting or facilitating
gambling conducted in any other state or nation, outside of this state, where such gambling is not
prohibited.
Section 23 creates s. 849.49, F.S., relating to preemption of gaming regulations, providing that
no county, municipality, or other political subdivision of the state shall enact or enforce any
ordinance or local rule relating to gaming, gambling, lotteries, or any activities described in s.
546.10, F.S., or ch. 849, F.S., except as otherwise expressly provided by the State Constitution,
general law, or special law.
Sections 24-27 are amended for the purpose of incorporating the amendments being made by the
bill.
Section 28 provides an effective date of October 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: CS/SB 1404 Page 21
E. Other Constitutional Issues:
In Section 22 of the bill, there may be some first amendment issues regarding what a
person may not “set up” in the course of business.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Persons who violate the gambling laws will be subject to increased penalties.
Such violators may be impacted by the information that must 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 the gambling laws.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 16.71, 16.713,
16.715, 546.10, 551.104, 838.12, 843.08, 849.01, 849.02, 849.03, 849.08, 849.086, 849.11,
849.13, 849.14, 849.15, 903.046, 921.0022, 772.102, and 895.02.
This bill creates the following sections of the Florida Statutes: 849.0932, 849.155, 849.157,
849.47, 849.48, and 849.49.
This bill repeals section 849.23 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on March 27, 2025: BILL: CS/SB 1404 Page 22
The committee substitute:
• Amends the prohibitions on employment for certain employees and commissioners of
the commission to not allow a former employee or commissioner to be an employee,
associate, owner, or contractor for any person or entity that conducts or facilitates an
activity regulated, enforced, or investigated by the commission, including fantasy
sports contests and other betting activities.
• Amends the types of employment positions that are ineligible for employment with
the commission within the 2 years immediately preceding such employment, to
include any person or entity that conducts or facilitates an activity regulated,
enforced, or investigated by the commission, including fantasy sports contests and
other betting activities.
• Amends the commission’s standards of conduct by prohibiting a former employee or
commissioner from being an employee, associate, owner, or contractor for any person
or entity that conducts or facilitates an activity regulated, enforced, or investigated by
the commission, including fantasy sports contests and other betting activities.
• Amends the commission’s standards of conduct by prohibiting a former employee’s
or commissioner’s relative living in the same household, from being an employee,
associate, owner, or contractor for any person or entity that conducts or facilitates an
activity regulated, enforced, or investigated by the commission, including fantasy
sports contests and other betting activities.
• Prohibits the executive director, or an employee of the commission, for the 2 years
immediately following the date of resignation or termination from the commission
from being an employee, associate, owner, or contractor for any person or entity that
conducts or facilitates an activity regulated, enforced, or investigated by the
commission, including fantasy sports contests and other betting activities.
• Creates a procedure that would allow any veterans’ service organization granted a
federal charter under Title 36, U.S.C, or a division, a department, a post, or a chapter
of such organization, for which an alcoholic beverage license has been issued that is
in doubt about whether a machine meets the definition of an amusement machine
under s. 546.10, F.S. , to petition the commission for a declaratory statement under s.
120.565, F.S., on whether the operation of the game or machine would be authorized
under this section or ch. 489, F.S.
• Provides that a game or machine awaiting a declaratory statement from the
commission may not be purchased or installed until the declaratory statement is
issued.
• Creates a procedure that would allow the veterans’ organization that is in doubt about
the legality of a game or machine, currently on the premises, to petition the
commission for a declaratory statement pursuant to s. 120.565, F.S., on whether the
operation of the game or machine would be authorized under s. 546.10, F.S., or ch.
849, F.S. If the game, machine, premises, or organization is the subject of an ongoing
criminal investigation, the organization may not petition the commission for a
declaratory statement under this subsection.
• Provides that the commission shall issue a declaratory statement within 60 days after
receiving a petition. The commission may not deny a petition.
• Provides that petitions made under this subsection must provide enough information
for the commission to issue the declaratory statement and must be accompanied by BILL: CS/SB 1404 Page 23
the exact specifications for the type of game or machine that the organization will
purchase or install or currently has on the premises. The declaratory statement is valid
only for the game or machine for which it is requested and is invalid if the
specifications for the game or machine have changed.
• Provides the declaratory statement is binding on the commission and can be
introduced in any subsequent proceedings as evidence of a good faith effort to
comply with s. 546.10, F.S. or ch. 849, F.S.
• Does not prevent the commission or any other criminal justice agency from detecting,
apprehending, and arresting a person for any alleged crimes of this state.
• Does not require an owner or operator to request a declaratory statement in order to
operate pursuant to this section.
• Creates new regulations regarding fantasy sports contests, including what constitutes
a fantasy sports contest. The amendment creates definitions for the following terms:
Confidential information; Contest operator; Contest participant; Entry fee; Fantasy
sports contest; Noncommercial contest operator.
• Provides that the commission shall investigate violations of this section and refer
them to the Attorney General or the state attorney.
• Provides civil and criminal penalties for violations of this section of the bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.