SB 1046 suggests that operating unauthorized casino machines in Florida might result in felony charges, with harsher punishments for repeat offenders. In an effort to prevent punishing inadvertent offenders, lawmakers revised the bill to require cease-and-desist letters prior to filing felony charges. The goal is to decrease grey gaming in the Sunshine State by concentrating on arcades that have "777" machines.

Senate of Florida Passes Stricter Penalties for Unlawful Gambling

The Florida Senate approved a bill on Thursday that mandates those convicted of running an unlicensed gambling enterprise to face severe consequences in the criminal courts. 

The Senate President of the Florida Senate has signed Senate Bill 1046 into law, the most recent action taken by the Senate to prohibit illicit gambling. As a result, the measure would establish harsher penalties for specific offenses including using unlicensed arcade gaming systems or other comparable devices.

Sen. Jon Martin (R-Lee) submitted SB 1046 to the state senate, which stiffens the penalties for unlicensed gamblers. Rather of being charged with a first-degree misdemeanor as they previously were, they would now face a third-degree felony. In two instances, the punishment for repeat offenders will exceed that of robbers; in the third and subsequent arrival, they will face charges of a second-degree crime.

Third-degree felonies have maximum $5,000 fines and maximum five-year jail sentences, similar to other US states.

Senator Maria J. Highwater, State President Lion Pierce, and eleven other members of the student government supported SB 1046. Additionally, the House of Representatives will still need to debate this bill.

Stop-and-Desist: A Protective Measure in SB 1046

Martin changed a few things in his measure from his original draft to the one the House submitted. As a result, the Senate has been asked to vote on them. The House members expressed their concern with SB 1046 copies, saying the bill's wording was too harsh. 

Representatives brought up the point that even for those who are fortunate enough to receive an innocent verdict in a court of law regarding an illegal gambling charge, they will still be subject to consequences because many employers list applicants who have previously failed in some type of criminal case, whether or not they were found not guilty. Applicants seeking additional mortgages are required to disclose any felonies they have committed.

Martin and the Senate have decided that a misdemeanor charge that is brought 10 minutes after an illegal detention is too severe.

The remedy, as initially proposed by the House, included a cease-and-desist letter from law enforcement to a business or venue suspected of running an illicit gambling enterprise.

By passing a cease-and-desist order, lawmakers intend to shield anyone who inadvertently operate illegal gaming enterprises from prosecution.

Martin clarified that the purpose of the Act is not to put people in jail for unintentional legal violations. He underlined the challenges posed by the requirement for criminal declarations on a number of documents and the need for vigilance in these circumstances. The purpose of the proposed cease-and-desist letters from the Florida Gaming Control Commission is to compel parties to shut down any suspected illegal gaming operations right away, within seven days of receiving them.

SB 1046 Aims to Reduce Illegal Gambling in Florida by Targeting "777" Arcades

Martin is the public face of Lee County, home to many grey machines employed in what are known as arcades.

Restaurants like Dave & Buster's are allowed to offer amusement games where customers can earn tickets or tokens that can be exchanged for prizes, thanks to Florida's Family Amusement Games Act. SB 1046 is more concerned about "777" arcades, which are commonly located in dilapidated shopping centers, than it is with those games.

The arcades claim that because their machines are skill-based and don't break any gambling rules in Florida, they are legal.According to a 2023 report from USA Today Network Florida, any game with a random component is deemed chance-based gambling and is against Florida's slot machine rules, regardless of whether skill affects the outcome. Even though some arcades have been targeted by law authorities, they are nevertheless commonly used. More severe fines are believed to have the effect of deterring "777" firms from becoming ubiquitous.