Florida Senate Bill S1404 Analysis / Analysis

                    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 Appropriations Committee on Agriculture, Environment, and General 
Government  
BILL: CS/CS/SB 1404 
INTRODUCER:  Appropriations Committee on Agriculture, Environment, and General Government; 
Regulated Industries Committee and Senator Simon 
SUBJECT:  Gambling 
DATE: April 17, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Baird Imhof RI Fav/CS 
2. Davis Betta AEG  Fav/CS 
3.     FP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/SB 1404 makes the following changes relating to gambling: 
• 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 two 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.  
• Prohibits 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. 
• Prohibits 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/CS/SB 1404   	Page 2 
 
• Prohibits the executive director, or an employee of the commission, for the two 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. 
• Requires additional information to be included in the commission’s annual report. 
• Removes the authority of the commission to reissue escheated harness horse and 
thoroughbred horse permits for failure of the permitholder to pay the required tax on handle 
for live performances. 
• 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. 
• 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. 
• Allows a slot machine licensee to apply to the commission to change the location of a 
designated slot machine gaming area under certain circumstances. 
• 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.  BILL: CS/CS/SB 1404   	Page 3 
 
• 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. 
• Authorizes a cardroom operator, at the operator's discretion, to limit playing games to 
persons 21 years of age or older. 
• 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 bill 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 certain violations and refer them to the 
Attorney General or the state attorney.  
• 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 has an indeterminate fiscal impact to the state. See Section V., Fiscal Impact Statement. 
 
The bill takes effect October 1, 2025.  BILL: CS/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 2023-2024 (Annual Report), at p. 19, at 
https://flgaming.gov/pmw/annual-reports/docs/2023-2024-FGCC-Annual -Report.pdf (last visited March 30, 2025), which 
states that of 30 licensed permitholders, 29 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/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 Florida Gaming Control Commission 
(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 (DBPR) 
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/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 DBPR, 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/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 highlights in Fiscal Year 2023-2024, see Florida Gaming Control Commission, Annual Report 
Fiscal Year 2023-2024 (Annual Report), at p. 8, at https://flgaming.gov/pmw/annual-reports/docs/2023-2024-FGCC-Annual 
-Report.pdf (last visited March 30, 2025). 
25
 Section 16.711(2), F.S. 
26
 Section 16.711(3), F.S. 
27
 Id. 
28
 Id.  BILL: CS/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
 
 
Commission Annual Report 
By December 1 of each year, the commission is required to make an annual report to the 
Governor, the President of the Senate, and the Speaker of the House of Representatives. The 
report must include, in part, a summary of actions taken and investigations conducted by the 
Commission.
34
 
 
 
 
 
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/eog/sites/default/files/press/2021%20Gaming%20Compact.pdf  (last visited March 31, 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
 Section 16.712(3)(h), F.S.  BILL: CS/CS/SB 1404   	Page 9 
 
Escheated Harness Horse Permits 
Currently, the tax on handle for live harness horse performances is 0.5 percent of handle per 
performance.
35
 The permit of a harness horse permitholder who is conducting live harness horse 
performances and who does not pay tax on handle for any such performances conducted during 
any two consecutive state fiscal years is void and may not be reissued unless such failure to 
operate and pay tax on handle was the direct result of fire, strike, war, hurricane, pandemic, or 
other disaster or event beyond the ability of the permitholder to control. Financial hardship does 
not constitute just cause for failure to operate and pay tax on handle.
36
  
 
The commission is authorized to reissue an escheated harness horse permit to a qualified 
applicant for the issuance of an initial permit without having to satisfy the referendum 
requirements for a pari-mutuel permit. As specified in the application and upon approval by the 
Commission, the new permitholder is authorized to operate a harness horse facility anywhere in 
the same county in which the escheated permit was authorized to be operated, notwithstanding 
the provisions of s. 550.054(2), F.S., relating to mileage limitations.
37
 
 
Escheated Thoroughbred Permits 
Currently, the tax on handle for thoroughbred horserace performances is 0.5 percent of handle 
per performance.
38
 The permit of a thoroughbred permitholder who is conducting thoroughbred 
performances and who does not pay tax on handle for any such performances conducted during 
any two consecutive state fiscal years is void and may not be reissued unless such failure to 
operate and pay tax on handle was the direct result of fire, strike, war, hurricane, pandemic, or 
other disaster or event beyond the ability of the permitholder to control. Financial hardship does 
not constitute just cause for failure to operate and pay tax on handle.
39
  
 
The Commission is authorized to reissue an escheated thoroughbred horse permit to a qualified 
applicant for the issuance of an initial permit without having to satisfy the referendum 
requirements for a pari-mutuel permit. As specified in the application and upon approval by the 
Commission, the new permitholder is authorized to operate a thoroughbred horse facility 
anywhere in the same county in which the escheated permit was authorized to be operated, 
notwithstanding the provisions of s. 550.054(2), F.S., relating to mileage limitations.
40
 
 
Cardrooms 
Cardrooms are authorized at certain pari-mutuel facilities.
41
 Under current law, notwithstanding 
any other provision of law, a pari-mutuel permitholder (other than a limited thoroughbred 
permitholder) may not be issued a license for the operation of a cardroom if the permitholder did 
not hold an operating license for the conduct of pari-mutuel wagering for Fiscal Year 2020-
 
35
 Section 550.09512(2)(a), F.S. 
36
 Section 550.09512(3)(a), F.S. 
37
 Section 550.09512(3)(b), F.S. 
38
 Section 550.09515(2)(a), F.S. 
39
 Section 550.09515(3)(a), F.S. 
40
 Section 550.09515(3)(b), F.S. 
41
 Section 849.086, F.S.; s. 849.086(2)(c), F.S., defines “cardroom” to mean a facility where authorized 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  BILL: CS/CS/SB 1404   	Page 10 
 
2021.
42
 An initial cardroom license may be issued to a pari-mutuel permitholder only after its 
facilities are in place and after it conducts its first day of pari-mutuel activities on live racing or 
games.
43
  
A licensed pari-mutuel permitholder that holds a valid pari-mutuel permit may hold a cardroom 
license authorizing the operation of a cardroom and the conduct of authorized games at the 
cardroom.
44 
An authorized game is a game or series of games of poker or dominoes.
45
 Such 
games must be played in a non-banking manner,
46
 where the participants play against each other, 
instead of against the house (cardroom).  
 
Prohibited activities of cardrooms include the following:
47
  
• Conducting any banking game or game not specifically authorized, or any game that violates 
the exclusivity provided in the gaming compact. 
• Allowing persons under 18 years of age to hold a cardroom or employee license, or engage in 
any game.  
• Allowing electronic or mechanical devices, except mechanical card shufflers to be used to 
conduct any authorized game in a cardroom.  
• Allowing cards, game components, or game implements to be used in playing an authorized 
game unless such has been furnished or provided to the players by the cardroom operator. 
 
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,
48
 as there are millions of participants.
49
 
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. 
 
 
42
 Section 849.086(5), F.S. 
43
 Id. 
44
 Section 849.086(5) and (6), F.S. 
45
 See s. 849.086(2)(a), F.S. 
46
 Id. 
47
 Section 849.086(12), F.S. 
48
 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). 
49
 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 
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).  BILL: CS/CS/SB 1404   	Page 11 
 
Florida law does not specifically address fantasy contests. Section 849.14, F.S.,
50
 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.
51
 
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).
52
 The legality of various forms of fantasy sports games and contests is 
being reviewed and addressed in a number of states.
53
 
 
The State of Nevada has regulated gaming for more than 80 years, and its gaming control board 
was created by its legislature in 1955.
54
 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).
55
 
 
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 
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.] 
 
50
 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). 
51
 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. 
52
 See https://www.floridatrend.com/article/38854/questions-swirl-around-fantasy-sports (last visited March 27, 2025). 
53
 See State Regulators Take Closer Look At Fantasy Sports Operators (sportshandle.com) (last visited March 27, 2025). 
54
 See https://gaming.nv.gov/gaming/commission/  (last visited April 1, 2025). 
55
 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/CS/SB 1404   	Page 12 
 
 
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. 
 
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,  BILL: CS/CS/SB 1404   	Page 13 
 
official, or employee of such permitholder or licensee; or be an ultimate equitable owner, as 
defined in s. 550.002(37), F.S.,
56
 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 (DPMW) 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. 
 
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; 
 
56
 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/CS/SB 1404   	Page 14 
 
• 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.
57
 
 
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.
58
 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.
59
 Courts determining 
 
57
 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 
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). 
58
 City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Brevard, Inc., 3 So. 3d at 1018. 
59
 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).  BILL: CS/CS/SB 1404   	Page 15 
 
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.
60
 
III. Effect of Proposed Changes: 
Section 1 amends s. 16.71, F.S., relating to the Florida Gaming Control Commission 
(commission), to remove the requirement that members of the commission 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. 16.712, F.S., to require the commission to include the following information 
in its annual report: the number of investigations that led to criminal charges being filed and the 
resolution of such criminal case; the number of complaints received by the commission and a 
summary of the action taken on each complaint by the commission; and a list of property seized 
by the commission during the course of investigations, and the disposition of such property, 
including a list of forfeiture actions. 
 
Section 3 amends s. 16.713, F.S., to prohibit a person, for the two 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 4 amends s. 16.715, F.S., to revise the restrictions on Commissioners and commission 
employees that prohibit certain typers of employment immediately before and two years after 
employment with the commission. Specifically, the bill prohibits a person while employed, and 
for two years after service as a commissioner or for two years after employment with the 
commission, a commissioner or commission employee may not 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 two years after service as 
a commissioner or for two 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 
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 two 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 
 
60
 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/CS/SB 1404   	Page 16 
 
that conducts or facilitates an activity regulated, enforced, or investigated by the commission, 
including fantasy sports contests and other betting activities. 
 
Section 5 amends s. 546.10, F.S., relating to amusement games or machines, to provide a 
procedure that would allow a veterans’ service organization that has been 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 s. 546.10, F.S., or ch. 489, F.S., 
prior to purchasing or installing a game or machine on the premises. 
 
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.  
 
The bill provides that: 
• The commission must issue a declaratory statement within 60 days after receiving a petition. 
• The commission may not deny a validly requested 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 
ch. 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. 
 
Section 6 amends s. 550.9512, F.S., related to harness horse taxes, to remove the authority of the 
commission to reissue escheated harness horse permits for failure of the permitholder to pay the 
required tax on handle for live performances. 
 
Section 7 amends s. 550.9515, F.S., related to thoroughbred horse taxes, to remove the authority 
of the commission to reissue escheated thoroughbred horse permits for failure of the 
permitholder to pay the required tax on handle for live performances. 
  BILL: CS/CS/SB 1404   	Page 17 
 
Section 8 amends s. 551.103, F.S., relating to the powers and duties of the commission. 
Specifically, commission rules must include procedures and forms for slot machine licensees to 
demonstrate the suitability of the location for their designated slot machine gamine area. 
 
Section 9 amends s. 551.104, F.S., relating to a license to conduct slot machine gaming, to 
remove the following references “including minority vendors” “minority residents” and 
“minority contractors.” The bill deletes the requirement that each slot machine licensee must 
provide an annual report to the commission containing information indicating compliance with 
the contracting with minority persons provisions. 
 
Section 10 amends s. 551.114, F.S., relating to slot machine gaming areas, to allow a slot 
machine licensee to apply to the commission to change the location of a designated slot machine 
gaming area provided that: 
• The location of the designated slot machine gaming area is in the same county as the address 
specified in the licensed permitholder’s slot machine license issued for Fiscal Year 2020-
2021. 
• The location of the designated slot machine gaming area is within 1,320 feet on a straight 
line of any outermost boundary of the licensed permitholder’s designated slot machine 
gaming area as of January 1, 2025. 
• The designated slot machine gaming area is at a location where the licensed permitholder is 
authorized to conduct pari-mutuel wagering activities pursuant to the licensed permitholder’s 
valid pari-mutuel permit. 
• The location is owned by the licensed pari-mutuel permitholder. 
• The location is approved under the zoning regulations of the county or municipality where 
the permit is to be located as a planned development use, consistent with the comprehensive 
plan. 
• The location does not violate any of the provisions of any tribal-state gaming compact with a 
federally recognized Indian tribe located within Florida. 
 
Additionally, prior to an application submission, the licensed pari-mutuel permitholder must 
submit a survey indicating the existing location of the designated slot machine gaming area and 
the proposed location of the new designated slot machine gaming area. 
 
The commission must examine the application and approve or deny the change of location of the 
designated slot machine gaming area within specified timeframes required by s. 120.60, F.S.  
 
Section 11 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 commits a felony of the third degree, punishable as provided in ss. 775.082, 
775.083, or 775.084, F.S.” 
  BILL: CS/CS/SB 1404   	Page 18 
 
Section 12 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.
61
 
 
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.
62
 
 
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).
63
 
 
Section 13 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)
64
 to a third 
degree felony (up to five years/$5,000 fine).
65
, 
66
 Current law provides, in part, that the keeping 
of a gambling house includes any person, servant, clerk, or agent who: 
[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 14 amends s. 849.02, F.S., relating to agents or employees keeping a gambling house, to 
create 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 ss. 775.082, 
775.083, or 775.084, F.S. 
• For a second offense, a felony of the third degree, punishable as provided in ss. 775.082, 
775.083, or 775.084, F.S. 
 
61
 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., a habitual felony offender is subject to enhanced penalties. 
62
 See s. 843.08, F.S. 
63
 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., a habitual felony offender is subject to enhanced penalties. 
64
 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. 
65
 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.  
66
 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., a habitual felony offender is subject to enhanced penalties.  BILL: CS/CS/SB 1404   	Page 19 
 
• For a third or subsequent offense, a felony of the second degree, punishable as provided in 
ss. 775.082, 775.083, or 775.084, F.S. 
 
Section 15 amends s. 849.03, F.S., relating to renting a house for gambling purposes, to provide 
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 ss. 775.082, 
775.083, or 775.084, F.S. 
• For a second or subsequent violation, a felony of the second degree, punishable as provided 
in ss. 775.082, 775.083, or 775.084, F.S. 
 
Section 16 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, 
other than pari-mutuel wagering conducted pursuant to ch. 550, F.S., which is available on 
the Internet and accessible on a mobile device, computer terminal, or other similar access 
device.”  
 
The bill also provides criminal penalties for a person who plays or engages in Internet gaming (a 
misdemeanor of the second degree). 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, F.S., 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, F.S., 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 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 17 amends s. 849.086, F.S., relating to authorized cardrooms, to allow a cardroom 
operator, at his or her discretion, to limit the playing of any game to persons 21 years of age or 
older. Currently, a person 18 years of age or older may engage in any game conducted in a 
cardroom. 
  BILL: CS/CS/SB 1404   	Page 20 
 
In addition, the bill provides 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 ss. 775.082, 775.083, or 775.084, F.S. 
 
Section 18 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, 
and provide definitions for the following terms: Confidential information; Contest operator; 
Contest participant; Entry fee; Fantasy sports contest; and 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. 
 
The bill provides that the commission must investigate violations and refer them to the Attorney 
General or the state attorney. The bill provides civil and criminal penalties for violations 
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 first degree 
misdemeanor (imprisonment up to one year and a fine up to $1,000). 
• An operator or owner of any application, platform, or website that offers fantasy sports 
contests in violation of this section commits a third-degree felony (imprisonment up to five 
years and a fine up to $5,000). 
 
Section 19 amends s. 849.11, F.S., relating to games of chance, to provide 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 makes it a third-degree felony to: 
• Setup up, operate, conduct, promote, or receive in any manner whatsoever any money or 
other thing of value offered for the purpose of conducting games of chance by lot; 
• Knowingly become the custodian or depositary of any money or other thing of value so 
offered; or 
• Aid, assist, abet, or influence in any manner in any of such acts. 
 
Section 20 amends s. 849.13, F.S., relating to second convictions, to revise the first-degree 
misdemeanor penalty for subsequent offenses of lottery convictions to specify that second or 
subsequent violations for which there is no penalty specified must have the offense reclassified 
to an offense of the next higher degree, instead of an automatic first-degree misdemeanor, and 
adds penalties for habitual offenders. 
 
The bill also specifies that for purposes of sentencing, a felony offense that is reclassified under 
this provision is ranked one level above the ranking under s. 921.0022, F.S., or s. 921.0023, F.S., 
of the felony offense committed. 
 
Section 21 amends s. 849.14, F.S., relating to unlawful betting on games of skill, to revise the 
third-degree felony for anyone who stakes, bets, or wagers any money or other thing of value  BILL: CS/CS/SB 1404   	Page 21 
 
upon the result of any trial or contest of skill, to add penalties for habitual offenders provided in 
s. 775.084, F.S. 
 
Section 22 amends s. 849.15, F.S., relating to the prohibited manufacture, sale, or possession of 
slot machines or devices, to provide 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 first-degree misdemeanor 
(imprisonment up to one year and a fine up to $1,000). 
• A person commits a third-degree felony (imprisonment up to five years and a fine up to 
$5,000), 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 second-degree felony (imprisonment up to 15 years and a fine up to 
$10,000), 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 must 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 23 creates s. 849.155, F.S., relating to trafficking in slot machines or devices or parts 
thereof. The bill makes it a:  
• First degree felony, (imprisonment up to 30 years and a fine up to $10,000), to knowingly 
sell, purchase, manufacture, transport, deliver, or bring into Florida more than 15 slot 
machines or devices or any part thereof; and includes:  
o An additional fine of $100,000, if the quantity of slot machines or devices or any part 
thereof involved is more than 15 slot machines or devices or any part thereof, but less 
than 25 slot machines or devices or any part thereof.  
o An additional fine of $250,000, if the quantity of slot machines or devices or any part 
thereof involved is 25 slot machines or devices or any part thereof or more, but less than 
50 slot machines or devices or any part thereof.  
o An additional fine of $500,000, if the quantity of slot machines or devices or any part 
thereof involved is 50 slot machines or devices or any part thereof or more.  BILL: CS/CS/SB 1404   	Page 22 
 
 
The bill provides an exemption from criminal and financial penalties if such person is trafficking 
slot machines into any Florida county that has authorized slot machine gaming. Such machines 
are to 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. 
 
The bill requires all fines imposed and collected pursuant these provisions be deposited into the 
Pari-mutuel Wagering Trust Fund and authorizes such funds to be used for the enforcement of 
chs. 546, 550, 551, and 849, F.S., by the commission.  
 
Section 24 creates s. 849.157, F.S., relating to making a false or misleading statement regarding 
the legality of slot machines to facilitate sales. The bill makes it a: 
• Third degree felony (imprisonment up to five years and a fine up to $5,000), punishable as 
provided in ss. 775.082, 775.083, or 775.084, F.S., to knowingly and willfully:  
o Make a materially false or misleading statement 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; or  
o Disseminate 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.  
• Second degree felony, punishable as provided in ss. 775.082, 775.083, or 775.084, F.S., 
when such a violation involves the sale or delivery, or attempted sale or delivery, of five or 
more slot machines or devices.  
 
Section 25 repeals s. 849.23, F.S., relating to criminal penalties for the possession, 
manufacturing, or sale of prohibited slot machines.  
 
Section 26 creates s. 849.47, F.S., relating to the transportation of persons to facilitate illegal 
gambling, define the term  “illegal gambling” to mean “any criminal violation of chs. 546, 550, 
551, or 849, F.S., 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 first-
degree misdemeanor (a fine up to $1,000). 
 
A person who transports, or procures the transportation of, a minor or a person 65 years of age or 
older commits a third-degree felony (imprisonment up to five years and a fine up to $5,000). 
 
A person who transports, or procures the transportation of, 12 or more persons commits a third-
degree felony (imprisonment up to five years and a fine up to $5,000). 
 
Section 27 creates s. 849.48, F.S., relating to prohibited gambling or gaming advertisements.   BILL: CS/CS/SB 1404   	Page 23 
 
Except as otherwise specifically authorized by law, a person may not:  
• Knowingly and intentionally make, publish, disseminate, circulate or place before the public, 
or cause, directly or indirectly, to be made, published, disseminated or circulated or placed 
before the public in Florida, in any manner, whether in person or by the 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; and  
• 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.  
 
The bill provides that for a first offense, violators of the above prohibitions commit a first-degree 
misdemeanor. For a second or subsequent offense, violators of the above prohibitions commit a 
third-degree felony. 
 
Under the bill, the printing or producing 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 Florida, where such gambling is not 
prohibited.  
 
The bill defines the term “illegal gambling” to mean any criminal violation of chs. 546, 550, 551, 
or 849, F.S., that occurs at any business, establishment, premises, or other location. 
 
Section 28 creates s. 849.49, F.S., relating to preemption of gaming regulations, to provide that a 
Florida county, municipality, or other political subdivision of the state may not 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 general law, special 
law, or the State Constitution. 
 
Section 29 amends s. 903.046, F.S., relating to the purpose of and criteria for bail determination, 
to revise considerations 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. 546, 550, 
551, or 849, F.S., relating to amusement facilities, pari-mutuel wagering, slot machines, and 
gambling, respectively.  
 
Section 30 amends s. 921.0022, F.S., relating to the offense severity ranking chart of the 
Criminal Punishment Code, to revise the penalties for offenses in the ranking chart for specified 
gaming offenses, which incorporate changes being made by the bill. 
 
The offense severity ranking chart must be used with the Criminal Punishment Code worksheet 
to compute a sentence score for each felony offender whose offense was committed on or after 
October 1, 1998. The offense severity ranking chart has 10 offense levels, ranked from least 
severe, which are Level 1 offenses, to most severe, which are Level 10 offenses, and each felony 
offense is assigned to a level according to the severity of the offense.
67
  
 
 
67
 See s. 921.0022, F.S.  BILL: CS/CS/SB 1404   	Page 24 
 
Section 31 amends s. 772.102, F.S., to conform definitions relating to civil remedies for criminal 
practices, to remove references to s. 849.23, F.S., which is repealed by the bill. 
 
Section 32 amends s. 895.02, F.S., to conform definitions relating to offenses concerning 
racketeering and illegal debts, to remove references to s. 849.23, F.S., which is repealed by the 
bill. 
 
Section 33 reenacts s. 550.3345, F.S., to incorporate amendments made to s. 550.09515, F.S. 
 
Section 34 provides that the bill takes effect 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. 
E. Other Constitutional Issues: 
In Section 27 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.  BILL: CS/CS/SB 1404   	Page 25 
 
C. Government Sector Impact: 
The fiscal impact on state and local government is indeterminate. The bill increases and 
creates new criminal penalties for violations relating to illegal gambling. This may create 
a positive fiscal impact on the state and local governmental entities that receive proceeds 
from related fines. This bill may have a positive indeterminate prison bed impact (an 
unquantifiable increase in prison beds) due to expanding the crimes eligible for 
enhancements which may lead to an increased number of offenders receiving enhanced 
sentences.  
 
The Criminal Justice Impact Conference (conference), which provides the final, official 
estimate of the prison bed impact, if any, of legislation, has not yet adopted an estimate 
for this bill. However, the conference evaluated a similar bill CS/HB 189 on February 12, 
2024, and the conference adopted the estimate of “Positive Indeterminate,”
68
 (i.e., an 
unquantifiable positive prison bed impact. 
 
No anticipated negative fiscal impact to the Florida Gaming Control Commission 
(commission).
69
 The workload associated with issuing declaratory statements required in 
the bill can be handled with existing resources. The commission may experience an 
increase in revenues resulting from increased confiscation of contraband under the bill. 
The bill also requires all fines imposed and collected for violations of trafficking in slot 
machines or devices to be deposited into the Pari-mutuel Wagering Trust Fund and 
authorizes the use of such funds by the commission for the enforcement of chs. 546, 550, 
551, and 849, F.S. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 16.71, 16.712, 
16.713, 16.715, 546.10, 550.09512, 550.09515, 551.103,551.104,551.114, 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. 
 
 
68
 See the conference’s Narrative Analysis of CS/HB 189 at 
http://www.edr.state.fl.us/Content/conferences/criminaljusticeimpact/CSHB189.pdf  (last visited April 3, 2025). 
69
 See Florida Gaming Control Commission, 2025 Agency Legislative Bill Analysis for SB 1404 at 8 (Feb. 24, 2025) (on file 
with the Senate Appropriations Committee on Agriculture, Environment, and General Government).  BILL: CS/CS/SB 1404   	Page 26 
 
This bill repeals section 849.23 of the Florida Statutes. 
 
The bill reenacts section 550.3345 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS by Appropriations Committee on Agriculture, Environment, and General 
Government on April 15, 2025: 
The committee substitute: 
• Adds new reporting requirements for the Florida Gaming Control Commission 
(commission). 
• Deletes a provision that requires a voided horse permit to be reissued.  
• Allows a slot machine permitholder to move within ¼ mile of their current slot 
location. 
o Must apply with the commission to do this. 
o Must own the property that new slot location will be located. 
• Excludes pari-mutuel wagering from the definition of Internet sports wagering.  
• Optional 21 & up, age restriction for cardrooms. 
o Currently, persons 18 years or older are allowed to engage in game playing. 
o Committee substitute would allow cardroom operators to change the age to 21 
years or older. 
 
CS by Regulated Industries on March 27, 2025: 
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 two 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.   BILL: CS/CS/SB 1404   	Page 27 
 
• Prohibits the executive director, or an employee of the commission, for the two 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. 
• 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.  BILL: CS/CS/SB 1404   	Page 28 
 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.