A House bill seeking to crack down on illegal gambling operations has cleared its final committee and is now ready for a floor vote, but the measure (HB 189) still faces heavy opposition despite amendments.
The House Judiciary Committee cleared the bill, but only after hearing significant opposition from veterans’ groups worried about vague language, unintended consequences and a hit to veterans’ charities.
The Senate Fiscal Policy Committee cleared a similar bill and faced the same opposition.
The bill, broadly, increases penalties for illegal gambling activities from a second-degree misdemeanor to a third-degree felony. It also would create a staggered penalty, increasing to a second-degree felony on second offense, and first-degree felony on third and subsequent offenses.
The House bill sponsor, GOP Rep. Michelle Salzman, said the bill addresses reports of adult arcades and internet cafes that have “sneakily infiltrated our communities” and seeks to cut off “financial lifelines for drug trades and human trafficking.” She said it aims to protect consumers who may fall victim to the addictive properties of gambling on machines that lack consumer protection.
At the House committee hearing, several members of the American Legion showed up to oppose the bill, arguing it would harm the group’s charity arm and threaten volunteer members who may be subject, as workers at establishments where potential illegal machines are operated, to the felony arrest penalty within the bill.
While the bill was softened — the House adopted an amendment that would require a cease-and-desist letter to be sent to establishments in violation before any arrests could be made — veterans remained opposed, arguing legal fees and the impacts of violations would still hurt their community.
Likewise, members of the Florida Moose Lodge, whose Florida membership is about 165,000 strong, and representatives from Veterans of Foreign Wars and other groups spoke in opposition, painting the proposed legislation as ambiguous and unclear.
The Senate version of the bill (SB 1046) is similar, but does not include the amendment requiring a cease-and-desist letter to be sent before an arrest. Like the House bill, the Senate version is also teed up for a floor vote.
It’s not clear what fate awaits the measures in their respective chambers. While both have cleared three committees, they’ve done so with pushback.
Last month, during a hearing in the House Appropriations Committee, several members expressed reservations.
Democratic Rep. Patricia Williams worried about unintended consequences in the bill, particularly relating to workers who may not even know machines in their workplaces are illegal.
Democratic Rep. Dan Daley called the bill “too broad” and said it would catch “too many folks in the net.”
Rep. Mike Gottlieb, a fellow Democrat, said his concerns centered on language pertaining to managers, because some establishments may have gaming machines that violate statute but low-level managers who aren’t aware.
Salzman has defended the bill along the way noting that it specifically adds the word “knowingly” to statute regarding charges against managers in establishments where illegal slot machines are located.
But Democratic Rep. Christopher Benjamin noted that just because a person might be able to reasonably defend themselves and either beat or have charges dropped, a felony interaction could still prove detrimental to their lives.
John Zachem, a subject matter expert representing the Amusement Machine Operators of Florida, likewise pushed back on the bill in a previous Senate hearing. He pointed to “nuances” within the gaming industry.
“In Florida, we have ads saying that sports betting is legal is here — great, but is it legal in the entire state? No, it’s legal in certain areas. There’s nuances to it,” he said.
“This bill punishes people for not being aware of the nuances occurring. … These nuances are going to punish the little guy,” he added.
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