Florida Hikes Penalties for Illegal Gambling
If you’re considering gambling in Florida, you might be aware of the recent bill, SB 1046, as Florida hikes penalties for illegal gambling operations. Florida is escalating penalties for illegal gambling, upgrading it from a second-degree misdemeanor to a more serious third-degree felony for initial offenses. Subsequent offenses will incur even higher penalties under the provisions of this legislation. Furthermore, this underscores the state’s commitment to enforcing stringent measures against unauthorized gambling, aiming to preserve the gaming industry’s integrity.
The bill also requires illegal gambling establishments to receive a cease-and-desist order before arrests or prosecutions can take place. The bill awaits House approval and faces opposition over concerns about unintended consequences for gambling machine users.
Why did Florida Pass this Bill?
Sen. Jonathan Martin sponsors the bill to decriminalize illegal gambling, prioritizing resolution over imprisonment for those unknowingly involved in illicit establishments.
The bill aims to clarify and deter illegal gambling, deemed harmful to the state’s economy and public safety. It aligns with the Seminole Tribe’s gaming compact, providing exclusive rights in specific gambling forms in exchange for revenue sharing.
What are the Increased Penalties for Illegal Gambling?
The bill defines illegal gambling as any game of chance involving money or valuables not authorized by law or the gaming compact. This includes slot machines, video lottery terminals, sweepstakes cafes, internet cafes, and other devices that simulate casino games. The bill proposes to increase the penalties for illegal gambling as follows:
- Committing a first offense would classify as a serious crime (third-degree felony), potentially leading to a sentence of up to 5 years in prison and a fine of up to $5,000.
- Committing a second offense would escalate to a more serious crime (second-degree felony), potentially resulting in a sentence of up to 15 years in prison and a fine of up to $10,000.
- A third or any subsequent offense would constitute the most serious crime (first-degree felony), potentially resulting in a sentence of up to 30 years in prison and a fine of up to $10,000.
Moreover, the bill forbids presenting illegal gambling establishments as legal and imposes civil penalties of up to $25,000 per day for each violation.
What are the Implications of the Cease-and-Desist Provision?
The bill mandates the DBPR to issue cease-and-desist orders to those engaged in illegal gambling activities. Additionally, the order must specify the nature of the violation and the actions required to comply with the law. The order must also inform the recipient of their right to request an administrative hearing within 21 days. If the recipient fails to comply with the order or request a hearing, they may be subject to criminal prosecution.
Addressing concerns about workers and volunteers unknowingly involved in illegal gambling, the bill’s drafters added a cease-and-desist provision. This provision safeguards them from criminal charges, offering a chance to rectify their actions before legal repercussions.
Conclusion
In the US, a proposed bill aims for harsher penalties on illegal gambling, especially with devices simulating casino games. Consequently, operating or using such machines could lead to a third-degree felony charge for a first offense. This offense mirrors serious charges in US jurisdictions, emphasizing a strong deterrent against illegal gambling as Florida hikes penalties.
