Florida lawmakers have introduced new legislation aimed at redefining gambling laws in the state, with a particular focus on tightening restrictions on online gambling.

Senate Bill 1404 and House Bill 953 propose several amendments to existing statutes, imposing stricter criminal penalties on unregulated gaming operations and expanding the authority of the Florida Gaming Control Commission.

The bills, filed in the Florida Senate and House, seek to amend various sections of the Florida Statutes related to gaming and betting.

An excerpt from the Senate bill seeks to amend Florida’s legal definition of online gambling as follows: “‘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.”

Legislative highlights

Among the most significant provisions in the proposed legislation are:

– Prohibition of internet gambling: The legislation explicitly defines “internet gambling” and “internet sports wagering,” making it illegal to play or engage in any type of online games where money or other valuables are at stake.

– Updated gambling definition: The bills redefine illegal gambling to include virtually any “games of chance.”

– Tightened slot machine regulations: The bills impose strict rules on slot machine manufacturers and vendors, prohibiting the unauthorised transportation, sale, or possession of slot machines and devices used in illegal gambling operations.

– Increased enforcement authority: The Florida Gaming Control Commission will receive expanded oversight to regulate and crack down on illegal gaming operations, including new penalties for making misleading statements regarding the legality of gaming devices.

– Match-fixing: Under the updated rules, anyone who knowingly places a bet on the outcome of a professional or amateur game, match, contest, race, or sporting event, while being aware that the result has been predetermined or manipulated, commits a third-degree felony.

Removing ambiguities

While not specifically detailed in the language, the bills’ language could potentially be used to enforce a ban on sweepstakes casinos in addition to other online gaming verticals.

Sweepstakes casinos have operated in legal grey areas across the US, with different states currently debating their status. Mississippi recently moved to ban them completely, possibly setting the stage for other states to follow suit.

In 2013, Florida passed a law banning many forms of online gambling, but businesses adapted by modifying their gaming models to skirt the new definition. The new legislation helps to explicitly close any remaining ambiguities.

The new measures also introduce harsher penalties for keeping or operating illegal gambling businesses. First-time offenders face third-degree felony charges, while repeat offenders could be charged with second-degree felonies.

Engaging in iGaming or online sports betting, whether by operating, facilitating, or promoting such activities, would constitute a third-degree felony under the proposed law.

This also applies to individuals who knowingly hold or manage funds related to these activities or provide any form of assistance or encouragement in their operation.

The prohibition extends to all entities involved in the online gambling ecosystem, including operators, suppliers, payment processors, and marketing affiliates.

A conviction for a third-degree felony in Florida carries a potential prison sentence of up to five years and a maximum fine of $5,000.

However, the Seminole Tribe’s gaming compact remains exempt from these restrictions. The tribe has already thwarted all previous attempts to keep it from controlling Florida’s sports betting market.

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