Seminole Tribe of Florida wins lawsuit vs State of Florida and is entitled to continue its banked card games. Review the Order here.

 


Judge issues Show Cause Order against Florida Thoroughbred Breeders Association over questions regarding upcoming association elections.


Promo Video for Pegasus Cup at Gulfstream Park


ALJ rules that proposed repeal of rules 61D-11.001(17) and 61D-11.002(5) dealing with “designated player” games, was an invalid exercise of delegated legislative authority.


DOAH judge rules that certain aspects of designated player games were illegal. Read the Order here.


 

Pennington, Moore, Wilkinson, Bell & Dunbar P.A.

Legislation

LEGISLATIVE COMMITTEES

Florida Senate – Committee on Regulated Industries

Florida Senate – Fiscal Policy

Florida Senate – Committee on Finance and Tax

Florida Senate – Appropriations Subcommittee on General Government

Florida Senate – Agriculture

Florida Senate – Appropriations

Florida House – Business & Professions Subcommittee

Florida House – Government Operations Appropriations Subcommittee

Florida House – Regulatory Affairs Committee

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BILLS FILED FOR THE 2016 LEGISLATIVE SESSION

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SB 7072 (Regulated Industries) — Gaming; Revising provisions for applications for pari-mutuel operating licenses; authorizing a greyhound racing permitholder to receive an operating license to conduct pari-mutuel wagering activities at another permitholder’s greyhound racing facility; authorizing the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation to approve changes in racing dates for greyhound racing permitholders under certain circumstances, etc.

Bill Status: On Committee agenda– Appropriations, 03/01/16, 10:00 am, 412 Knott Building

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SB 7074 (Regulated Industries) — Gaming Compact Between the Seminole Tribe of Florida and the State of Florida; Superseding the Gaming Compact; ratifying and approving a specified compact executed by the Governor and the Tribe; directing the Governor to cooperate with the Tribe in seeking approval of the compact from the United States Secretary of the Interior; expanding the games authorized to be conducted and the counties in which such games may be offered, etc.

Bill Status: On Committee agenda– Appropriations, 03/01/16, 10:00 am, 412 Knott Building

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HB 99: State Lotteries (Clarke-Reed) — Specifies how net revenue generated by instant lottery game created by act must be distributed by Department of Lottery; requires department to offer special instant lottery game called “Ticket for the Cure” for specified period of time; requires that state appropriate funds from GAA to match federal funds provided for screening & early detection under Mary Brogan Breast & Cervical Cancer Early Detection Program.

Bill Status: Filed on Friday, August 21. Referred to Appropriations; State Affairs; Government Operations. 1st Reading in the House, 1/12/16.

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SB 102: State Lotteries (Thompson)Specifying how the net revenue generated by an instant lottery game created by the act must be distributed by the Department of the Lottery; requiring the department to offer a special instant lottery game called “Ticket for the Cure” for a specified period of time; requiring that the state appropriate funds from the General Appropriations Act to match federal funds provided for screening and early detection under the Mary Brogan Breast and Cervical Cancer Early Detection Program, etc.

Bill Status: 08/21/15 Referred to Regulated Industries; Appropriations Subcommittee on Health and Human Services; Appropriations. Introduced SJ 11 on 1/12/16.

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SB 270 (Margolis) State Lotteries; Authorizing the Department of the Lottery to create and administer a program that provides for the sale of Florida lottery tickets through the Internet, etc.

Bill Status: 9/11/2015 Filed in the Senate. Referred to Regulated Industries; Appropriations Subcommittee on General Government; Appropriations; Rules. Withdrawn prior to introduction 11/4/15.

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SB 292 (Margolis) — Streamlined Sales and Use Tax Agreement; Specifying the facilities that are exempt from the transient rentals tax; deleting criteria establishing circumstances under which taxes on the lease or rental of a motor vehicle are due; limiting the $5,000 cap on discretionary sales surtax to the sale of motor vehicles, aircraft, boats, manufactured homes, modular homes, and mobile homes; providing amnesty for uncollected or unpaid sales and use taxes for sellers who register under the Streamlined Sales and Use Tax Agreement, etc.

Bill Status: 9/17/15 Referred to Commerce and Tourism; Finance and Tax; Appropriations -SJ 23.

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SB 402 (Richter) — Point-of-sale Terminals; Authorizing the Department of the Lottery to create a program that authorizes certain persons to purchase a ticket or game at a point-of-sale terminal; authorizing the department, a retailer operating from one or more locations, or a vendor approved by the department to use a point-of-sale terminal to sell a lottery ticket or game; prohibiting a point-of-sale terminal from being used to redeem a winning ticket, etc.

Bill Status: File 10/1/15. Referred to Regulated Industries; Appropriations Subcommittee on General Government; Fiscal Policy. 11/4/15 Favorable by Regulated Industries; YEAS 9 NAYS 2. 11/8/15 Favorable by Appropriations Subcommittee on General Government; YEAS 5 NAYS 1. 12/3/15 CS by- Fiscal Policy; YEAS 5 NAYS 3. 12/17/15 Placed on Calendar, on 2nd reading. 1/12/15 Introduced CS by Fiscal Policy read 1st time.

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SB 412 (Sobel) — Greyhound Racing Injuries; Citing this act as the “Victoria Q. Gaetz Racing Greyhound Protection Act”; requiring injuries to racing greyhounds to be reported on a form adopted by the Division of Pari-mutuel Wagering in the Department of Business and Professional Regulation within a certain timeframe; specifying the information that must be included in the form, etc. APPROPRIATION: $62,517.00

Bill Status: 10/9/15 Referred to Regulated Industries; Fiscal Policy.

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HB 415 (Raschein) — Point-of-sale Terminals; Authorizes Department of Lottery to create program that authorizes certain persons to purchase ticket or game at point-of-sale terminal that process credit & debit cards issued by financial institutions & retailers.

Bill Status: 10/22/15 Filed. Referred to Business and Professions Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee. Favorable by Business and Professions Subcommittee; YEAS 8 NAYS 3 -HJ 161. Introduced -HJ 36 in House 1/12/16.

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HB 607 (Artiles) — State Lottery; Provides limitation on number of scratch-off games available for sale by Department of the Lottery at any one time; provides limitation on price of lottery tickets.

Bill Status — 11/17/15 Referred to Government Operations Subcommittee; Government Operations Appropriations Subcommittee; State Affairs Committee. Favorable by Government Operations Subcommittee; YEAS 12 NAYS 1.
Now in Government Operations Appropriations Subcommittee.

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HB 641 (Trumbull) — Department of Agriculture and Consumer Services; Revises composition of Board of Professional Surveyors & Mappers; waives specified license & registration fees for honorably discharged veterans of U.S. Armed Forces, spouses of such veterans, or business entities that have majority ownership held by such veterans or spouses of such veterans; requires certain license application for private investigative, private security, & repossession services to include payment of fingerprint processing retention fees; revises firearm & weapons training certification requirements for certain licenses; directs FDLE to retain certain fingerprints & to enter such fingerprints into statewide automated biometric identification system & national retained print arrest notification program; directs DACS to provide such information to certain employers; prohibits use of mail drop as principal location of commercial telephone sellers; provides requirements for travel documents provided by sellers of travel; exempts certain amusement rides from certain safety standards; requires firearm course instructors to maintain records attesting to use of live fire; reduces initial & renewal fees for concealed weapon licenses; provides for certain notice of suspension or revocation of concealed weapon or firearm license or suspension of processing application; requires affidavit for concealed weapon or firearm license renewals; authorizes certain tax collector offices to accept renewal applications for & deliver concealed weapon or firearm licenses; revises provisions relating to liens claimed by motor vehicle repair shops.

Bill Status: Referred to Business and Professions Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; Regulatory Affairs Committee. 1/12/16 CS by Business and Professions Subcommittee; YEAS 12 NAYS 1. On Committee agenda– Agriculture and Natural Resources Appropriations Subcommittee, 01/28/16, 1:00 pm, Reed Hall.

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HB 667 (Cortes) — Community Associations; Renames Division of Florida Condominiums, Timeshares, & Mobile Homes as Division of Common Interest Communities; revises & provides provisions relating to community associations; repeals chapters 719 & 720, F.S., relating to cooperatives & homeowners’ associations, respectively.

Bill Status: 11/16/15 Filed. Referred to Business and Professions Subcommittee; Civil Justice Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee. Introduced HJ-58 in House 1/12/16.

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SB 707 (Gaetz) — Fantasy Contests; Provides requirements for operation of fantasy contests; directs DACS to contract with private provider for services related to prevention of compulsive or addictive behavior; provides penalties; specifies that chapter 849, F.S., relating to gambling offenses, does not apply to fantasy contests; specifies conditions under which persons & entities offering fantasy contests are not considered contest operators & are exempt from certain regulation; authorizes DACS to adopt rules.

Bill Status: 11/17/15 Filed. Referred to Business and Professions Subcommittee; Regulatory Affairs Committee. 1/12/16 CS by Business and Professions Subcommittee; YEAS 10 NAYS 3. 1/25/16 On Committee agenda– Finance and Tax Committee, 01/27/16, 12:00 pm, Morris Hall.  CS/CS by Finance and Tax Committee read 1st time -HJ 403 2/8/16.

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SB 728 (Margolis) Advance Deposit Wagering; Providing that the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation may authorize advance deposit wagering conducted by certain permitholders or certain operators contracting with a permitholder; specifying requirements, prohibitions, and authorizations for a person authorized to conduct advance deposit wagering; prohibiting a resident or other individual from placing a wager through an advance deposit wagering system under specified circumstances, etc.

Bill Status: 11/3/15 Filed in the Senate. Referred to Regulated Industries; Finance & Tax; Appropriations; Subcommittee on General Government; Fiscal Policy – SJ 54. Introduced in the Senate  1/12/16.

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SB 732 (Smith)Greyhound Racing; Creating the “Greyhound Safety Act”; prohibiting the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation from granting a license or permit to an applicant convicted of animal cruelty, felony aggravated assault or battery, or felony child abuse; requiring the division to immediately revoke a license or permit of a person convicted of animal cruelty; providing that the division may not commence administrative proceedings and must reinstate a suspended license if the division cannot confirm a positive test result; providing certain requirements for maintaining safe racing facilities and racetrack surfaces, etc.

Bill Status: 11/3/15 Filed in the Senate. Referred to Regulated Industries; Criminal Justice; Appropriations. Introduced in the Senate 1/12/16.

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SB 790 (Lee) — State Lottery; Providing a limitation on the number of scratch-off games available for sale by the Department of the Lottery; providing a limitation on the sales price of lottery tickets, etc.

Bill Status: 11/9/15 Filed. Referred to Regulated Industries; Finance and Tax; Appropriations. 2/9/16 CS by Regulated Industries read 1st time -SJ 313

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SB 832 (Negron) — Fantasy Games; Creating provisions entitled “Fantasy Games”; requiring certain game operators to register with the Department of Agriculture and Consumer Services and to pay related fees; requiring a game operator to implement certain procedures; requiring a game operator to prevent certain persons from competing in a fantasy game; preventing certain information from being shared with third parties; requiring a game operator to verify the age of a game participant; exempting fantasy games from regulation under ch. 849, F.S., etc.

Bill Status: Filed 1/12/15. Referred to Regulated Industries; Appropriations Subcommittee on General Government; Appropriations -SJ 62. On Committee agenda — Regulated Industries, 01/27/16, 9:00 am, 110 SOB. 2/2/16 CS by Regulated Industries read 1st time -SJ 298

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HB 883 (Caldwell) — Forfeiture of Contraband; Provides for acquisition of provisional title of seized property; prohibits forfeiture under Florida Contraband Forfeiture Act from being final until owner of seized property is convicted of criminal act that renders property contraband article; provides that property is deemed contraband article & forfeited subject to forfeiture proceedings; specifies circumstances under which seizing law enforcement agency must return property; removes provision vesting rights, interests, & title to contraband articles in seizing law enforcement agency.

Bill Status: 12/3/15 Filed. Referred to Criminal Justice Subcommittee; Appropriations Committee; Judiciary Committee.

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SB 1044 (Brandes) — Forfeiture of Contraband; Providing for the acquisition of the provisional title of seized property under certain circumstances; prohibiting a forfeiture under the Florida Contraband Forfeiture Act from being final until the owner of the seized property is prosecuted and convicted of a criminal act that renders the property a contraband article; providing that the property is deemed a contraband article and forfeited subject to forfeiture proceedings under certain circumstances; specifying circumstances under which the seizing law enforcement agency must return the property to the owner, etc.

Bill Status: 12/3/15 Filed. Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Fiscal Policy. 1/25/16 CS by Criminal Justice; YEAS 4 NAYS. Placed on Special Order Calendar, 03/03/16 –If Received.

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HB 1179 (Raulerson) — Criminal Offenders; Provides additional mandatory term of incarceration for specified offenses committed by sexual offenders & predators; authorizes sheriffs to assess fees for registering & reregistering specified types of offenders subject to registration requirements; specifies maximum fees; provides requirements for use of fees; provides for relocation of registrants; provides enhanced criminal penalties for repeat violations of provisions prohibiting forcing another into prostitution; requires persons convicted of specified prostitution related offenses to register as sexual offenders; prohibits failure to pay required fees; provides additional conditions for sex offender probation & community control for certain offenders & controllees who commit qualifying offenses after specified date; provides that such conditions do not need to be pronounced orally at time of sentencing; provides that such conditions may be applied to other relevant offenders; requires supervision by DOC officers who have specified training & limited caseloads.

Bill Status: 1/7/16 Filed. Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee. 2/8/16 CS by Criminal Justice Subcommittee read 1st time -HJ 404

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SB 1198 (Sachs) — Department of Gaming; Providing that the head of the Department of Gaming is the Gaming Commission; prohibiting certain persons from having a specified financial interest, engaging in any political activity, and engaging in specified outside employment; directing the Department of Gaming to contract with the Department of Revenue for tax collection and financial audit services; transferring and reassigning certain functions and responsibilities, including records, personnel, property, and unexpended balances of appropriations and other resources, from the Division of Pari-mutuel Wagering within the Department of Business and Professional Regulation to the Department of Gaming by a type two transfer, etc.

Bill Status: 12/21/15 Filed. 1/8/16 Referred to Regulated Industries; Appropriations Subcommittee on General Government; Appropriations. 1/12/16 Introduced -SJ 91.

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HB 1199 (Moskowitz) — Racing Greyhound Injuries; Requires injuries to racing greyhounds to be reported in format prescribed by DBPR’s Division of Pari-mutuel Wagering within certain timeframe; specifies information that must be included in injury report; requires division to maintain reports as public records for specified time; specifies disciplinary action that may be taken against licensee of department who fails to report injury or who makes false statements in injury report.

Bill Status: 1/7/16 Filed. Referred to Business and Professions Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee.  1/13/16 Referred to Business and Professions Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee -HJ 201.

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SB 1292 (Ring) — Community Associations; Requiring certain condominium, cooperative, and homeowners’ associations to provide financial reports to the Division of Florida Condominiums, Timeshares, and Mobile Homes under certain circumstances; deleting a provision authorizing certain associations to prepare a report of cash receipts and expenditures in lieu of certain financial statements, etc.

Bill Status: 1/4/16 Filed. Referred to Regulated Industries; Judiciary; Fiscal Policy. 2/9/16 CS by Regulated Industries read 1st time -SJ 316.

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HB 1407 (Rader) — Greyhound Racing; Creates “Greyhound Safety Act”; prohibits Division of Pari-mutuel Wagering of DBPR from granting license or permit to applicant convicted of animal cruelty, felony aggravated assault or battery, or felony child abuse; requires division to immediately revoke license or permit of person convicted of animal cruelty; provides that division may not commence administrative proceedings & must reinstate suspended license if division cannot confirm positive test result; provides certain requirements for maintaining safe racing facilities & racetrack surfaces.

Bill Status: 1/12/16 Filed. Referred to Business and Professions Subcommittee; Government Operations Appropriations Subcommittee; Regulatory Affairs Committee.

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SB 1526 (Bullard) — Homeowners’ Associations; Repealing provisions relating to an exemption from provisions governing the transition of association control in a community that has a homeowners’ association, etc.

Bill Status: 1/8/16 Filed. 1/14/16 Referred to Regulated Industries; Judiciary; Rules.

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SB 1532 (Soto) —

Community Associations; Renaming the Division of Florida Condominiums, Timeshares, and Mobile Homes as the Division of Common Interest Communities; revising and providing provisions relating to the creation of common interest communities and the contents of declaration; revising and providing provisions relating to maintenance, limitation upon improvement, display of flag, hurricane protection, display of spiritual decorations, access ramps, window decals, xeriscape, and mold and mildew; revising and providing provisions relating to assessments, liability, lien and priority, interest, and collection, etc.

Bill Status: 1/8/16 Filed. 1/14/16 Referred to Regulated Industries; Judiciary; Finance and Tax; Fiscal Policy.

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SB 1654 (Hutson) — Criminal Offenders; Requiring the Department of the Lottery to verify whether certain prize claimants owe debts relating to registration as specified types of offenders; providing an additional mandatory term of imprisonment for specified offenses committed by sexual offenders and sexual predators; providing enhanced criminal penalties for repeat violations of provisions prohibiting forcing, compelling, or coercing another to become a prostitute; providing criminal penalties for first and subsequent offenses of sexting, etc.

Bill Status: 1/8/16 Filed. 1/14/16 Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations.

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HB 7007 (Agriculture & Natural Resources Subcommittee) — Department of Agriculture and Consumer Services; Revises, creates, & repeals provisions relating to issues under regulatory oversight of DACS, including issuance of pest control operator’s certificate, limited certification for urban landscape commercial fertilizer application, Florida Food Safety Act, adulterated & misbranded food products, electronic data processing & management information systems support, use of funds in Pest Control Trust Fund, Division of Marketing & Development, Division of Consumer Services, Office of Agriculture Technology Services, Florida Agriculture Center & Horse Park Authority, Florida Agricultural Promotional Campaign & Advisory Council, fertilizer sales reports & payment of related inspection fees, preemptive regulatory authority for commercial feed & feedstuff, treatment or destruction of infested or infected plants & plant products, cost-share funding for removal & destruction of abandoned citrus groves, soil & water conservation districts, Florida Forest Service lands for public use, school nutrition programs, affidavit requirements for complaints filed by agricultural products dealers, & reports by & annual inspections of grain dealers.

Bill Status: 11/10/15 Filed. 11/17/15 Referred to Agriculture and Natural Resources Appropriations Subcommittee; State Affairs Committee. 1/13/16 CS by Agriculture and Natural Resources Appropriations Subcommittee; YEAS 13 NAYS 0. 1/20/16 CS by Agriculture and Natural Resources Appropriations Subcommittee read 1st time. 1/26/16 On Committee agenda– State Affairs Committee, 01/28/16, 10:00 am, Morris Hall. 2/10/16 In Messages.  Referred to Agriculture; Appropriations Subcommittee on General Government; Appropriations -SJ 351.  Received -SJ 351

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2015 Florida Gaming Legislation