USA - FLORIDA Law and Practice Contributed by: Marc W. Dunbar, Daniel J. McGinn and Dan Russell, Jones Walker LLP
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
3.2 Definition of Gambling “Gambling” is generally defined in Section 849.08, Florida Statutes, as playing or engaging in any game of chance by any device whatsoever for money or any other thing of value. 3.3 Definition of Land-Based Gambling Florida does not distinguish between land-based and online gambling. 3.4 Definition of Online Gambling Florida does not distinguish between land-based and online gambling. 3.5 Key Offences The key offences that can be committed are covered in the Florida Statues as follows: • Section 849.01, Florida Statutes – maintaining a location where illegal gambling takes place; • Section 849.08, Florida Statutes – engaging in unlawful gambling; • Section 849.09, Florida Statutes – conducting an unlawful lottery; • Section 849.14, Florida Statutes – unlawfully wagering on a trial of skill or contest; • Section 849.15, Florida Statutes – unlawful manu- facturing, sale or possession of a slot machine or device; • Section 849.25, Florida Statutes – unlawful book- making; and • Sections 24.116–.119, Florida Statutes – violations against the Florida Lottery system. 3.6 Penalties for Unlawful Gambling Offences in Chapter 849, Florida Statutes, are gener- ally categorised as misdemeanours, carrying a maxi- mum sentence of 60 days in prison and related fines. Certain fraudulent activities, such as counterfeiting or altering lottery tickets, are classified as felonies of the third degree, carrying a maximum sentence of five years in prison.
The Florida Gaming Control Commission regulates non-tribal gaming in Florida and is the state oversight agency with regard to the 2021 Seminole Compact. The Florida Department of the Lottery oversees the conduct and regulation of the Florida Lottery. 4.2 Regulatory Approach The Florida Gaming Control Commission and the Flor- ida Department of the Lottery regulate primarily on a combination of prescriptive inspections of facilities and response to complaints initiated by the industry or the general public. 4.3 Types of Licences The general types of licences available for businesses are pari-mutuel, cardroom and slot-machine business licences. Combination licences are available. 4.4 Availability of Licences Licences to create new facilities are restricted by statutory distance requirements, constitutional pro- hibitions against the expansion of gaming and local option election requirements. However, current licenc- es are available for purchase and/or transfer pursuant to all other operational requirements being fulfilled by the entity seeking to be licensed. 4.5 Duration of Licences Licenses generally renew annually or every three years at the choice of the applicant. 4.6 Application Requirements Generally, applicants and their officers/directors/quali- fying shareholders may not be convicted of felonies or certain other offences, nor may persons employed by or performing functions on behalf of the Commission or the Department have an interest in or business rela- tionship with applicants. Other specific requirements exist depending on the type of licence sought. 4.7 Application Timing Review of an application can range from one week to six months or longer, depending on the type of appli-
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