Category Archives: legislation

UPDATE: Seminole Tribe Ends Payments to Florida After Failed Compact Negotiations: Special Legislative Session Talks Begin

Casino Watch Focus has reported on the recent news that the Florida legislative session would end with no gambling deal in place. The failure to renegotiate a deal has been an ongoing issue. At the core of the problem is that the Seminoles have exclusive rights to table games and certain gambling. Florida has not been enforcing this exclusivity and the courts sided with the Seminoles. However, the Seminoles have been acting in good faith, providing the state with the estimated $300 – $350 million annual payments the original agreement set up for such exclusivity. But now that the legislature has once again failed to stop others from offering designated card games, which is expanding gambling in the state, the Seminole tribe has decided to now stop providing the good faith payments. The Sun Sentinel reports:  

The tribe had warned it would halt the payments, which totaled nearly $330 million last year, because of controversial designated-player card games offered by many of the state’s pari-mutuel cardrooms. The Seminoles — and a federal judge — say the games violate part of a 20-year gambling deal by the tribe and the state in 2010. That deal, in part, gave the tribe exclusive rights to “banked” card games. 

The Seminole Tribe of Florida made good on threats Tuesday by telling Gov. Ron DeSantis it is quitting a long-standing revenue-sharing agreement with the state after negotiations on a new gambling deal went nowhere this spring. 

In a July 2017 settlement between the Seminoles and former Gov. Rick Scott, the state agreed to drop its appeal of Hinkle’s decision and to take “aggressive enforcement action” against pari-mutuels operating banked card games that violate state law. In exchange, the Seminoles agreed to continue making payments to the state until the end of this month. “Unfortunately, there has not been aggressive enforcement against those games, which have expanded since Judge Hinkle’s decision,” Osceola wrote.

Florida lawmakers considered this possible outcome, and mad adjustments the budget, but some believe the financial contribution, and the gambling restriction that comes from Seminole exclusivity, too import to not make an attempt to resolve the issue.   An online source explains:

State Representative Evan Jenne called for negotiations with the Seminole Tribe of Florida to reinstate the annual payments of an estimated $350 million suspended by the tribe after a failure to reach an agreement about the future of gambling in the state. “That’s just too much money to be left out there unaccounted for in our budget,” said the legislator.

Jenne, a Democrat who represents 99th District which include most of Hollywood and Southern Broward, said the suspension of payments from the tribe could have been avoided. “It was something that was a long time coming, it’s been talked about for quite some time it’s been nearly a decade since the compact would, should have been signed,” he said.

“They had a promised of exclusivity when it came to games like that and the state has not done their part in holding up that part of the bargain,” said Jenne.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION

 

Advertisements

Florida Gov Encouraged to Pass Lottery Ticket Warnings

Casino Watch Focus has reported on a Florida Bill that would call for warning labels to be placed on the front of physical state lottery tickets sold, as well as prevent online sales in the future. The warning labels would be visible and warn that playing lottery games constitutes gambling and may lead to gambling addiction. Those in support of using gambling as the means to fund education took issue with the bill and drafted a letter. No-Casino’s John Sowindki addressed the problems with the letter and encouraged passage. Florida Politics reports: 

“The lottery industry would rather pretend that there are no adverse consequences to their regressive and addictive enterprise,” said No Casinos President *John Sowinski*. “Clearly there are.” Sowinski goes after specific points raised in a letter from World Lottery Association President *Rebecca Paul Hargrove* to Gov. *Ron DeSantis.*

Hargrove argues requiring warning labels on the front of lottery tickets threatens education revenues in Florida and sets bad precedent nationwide. “The instant scratch-off games have been around for over 45 years, and sales of these games continue to grow every year,” Hargrove wrote, “but more importantly the sales of these games continue to grow funding for good causes every year.”

Sowinski suggests Hargrove gives up the game in her search for further lottery sales.“Rebecca Paul Hargrove’s letter is basically an admission that if Floridians are properly warned about the addictive nature of scratch-off games and other lottery products, that some will choose to not spend money on them,” Sowinski said, “which is the entire purpose of this good legislation.”

Moreover, Sowinski then brings into question the very nature of raising funds off those that are addicts in the first place. Florida Politics continues:

The legislation requires ticket labels read either “WARNING: LOTTERY GAMES MAY BE ADDICTIVE” or simply “PLAY RESPONSIBLY.”

Sowinski scoffed at the reluctance to warn against dangerous behavior or to demonstrate responsibility.

“The World Lottery Association’s letter never disputes the addictive nature of these games,” he said. “The fact is that gambling enterprises, including lotteries, rely on addicts who spend a high volume of money for a large portion of their profits. That they would object to a simple, truthful warning label is obnoxious.”

The bill has been sent to the Governor’s desk and awaits his action.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


New Federal Legislation to Regulate Predatory Gambling-esque Loot Boxes in Video Games Announced by Mo Sen. Hawley

Casino Watch Focus has reported on the ongoing developments and many efforts by regulatory officials to bring awareness to a new form of gambling aimed at kids and video game players. Loot Boxes are a new gambling type mechanic that has the player pay money to open a mystery box in hopes of winning loot to help them in the video games they are playing. In some cases those items carry real value that can be sold, effectively making them video game slot machines aimed at kids. In other cases, loot boxes are implemented to play on the exact same psychology exhibited when people outright gamble, and regulators and studies agree. A lot of international efforts have been taken, but domestically, the reactions have been mostly to encourage the industry to fairly self regulate and to call for investigations into this gambling-esque video game mechanic that is largely targeting children. However, new federal legislation has now been announced by Missouri Senator Josh Hawley. NBC News Online reports: 

Senator Josh Hawley, R-Mo., is introducing legislation that seeks to ban exploitative video game industry practices that target children like loot boxes and pay-to-win, he announced on Wednesday.

“Social media and video games prey on user addiction, siphoning our kids’ attention from the real world and extracting profits from fostering compulsive habits. No matter this business model’s advantages to the tech industry, one thing is clear: there is no excuse for exploiting children through such practices,” Sen. Hawley said.

“When a game is designed for kids, game developers shouldn’t be allowed to monetize addiction. And when kids play games designed for adults, they should be walled off from compulsive microtransactions. Game developers who knowingly exploit children should face legal consequences.”

There are many strategies for regulating microtransactions and loot boxes. Some places have banned them outright, others have looked at making sure the items cant be sold for cash, thus not being gambling, but a transaction and others have focused on the intent of the loot box or simply the age of those making these purchases. Sen Hawley’s approach is a bit of an amalgam with the emphasis on the age of the player and the legislation utilizes a unique lens, The Children’s Online Privacy Protection Act. An online source explains: 

Called “The Protecting Children from Abusive Games Act,” the bill would specifically seek to protect minors by focusing on games either targeted at, or played by, consumers under the age of 18. Determining what games are targeted at minors would apparently be based upon a number of factors, including the game’s subject matter, visual content, and other indicators similar to those used to determine the applicability of the Children’s Online Privacy Protection Act (COPPA).

For games that meet the bill’s criteria, the legislation would prohibit “several forms of manipulative design.” In particular, the announcement identifies that the legislation would prohibit loot boxes, defined as “microtransactions offering randomized or partially randomized rewards to players.” Further, it would outlaw “pay-to-win” game designs, including both (1) attempting to induce players to spend money to quickly advance through game content that is otherwise available for no additional cost; and (2) manipulating the balance in competitive multiplayer games to give players who purchase additional microtransactions a competitive advantage over other players who do not pay the additional fees.

The proposed legislation would be enforced by the FTC through its authority to curb unfair and deceptive trade practices. In addition, the proposed legislation would empower state attorneys general to file lawsuits against game makers to enforce the act. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION

 


Florida Gambling Deal Fails to Pass this Legislative Session

Casino Watch Focus has reported on the ongoing gambling negotiations between the Seminole tribe and Florida legislators. Many factors were at play, including a sports betting discussion that looked to circumvent a recent Florida Amendment requiring any new gambling legislation to be passed by a majority of the people. That plan, as well as other gambling issues that were being discussed, has ran out of time this legislative session. In the wake of the news, the only outstanding question is whether or not a special legislative session will be called to deal with any gambling related issues. As of now, it appears the intent is to wait until next year. The Tampa Bay Times reports:

With just days left in the annual legislative session, House Speaker José Oliva on Monday put to rest the possibility of passing a gambling deal. Oliva, R-Miami Lakes, also said he would prefer not to hold a special legislative session to try to pass a gambling bill, likely pushing the issue back to next year. “I think we simply ran out of time this year,” Oliva said.

The 2019 session is scheduled to end Friday. Powerful Sen. Wilton Simpson, R-Trilby, and representatives of the Seminole Tribe of Florida have negotiated for weeks on a deal that included the possibility of sports betting at the Seminoles’ casinos as well as at Florida racetracks and jai alai frontons, with the tribe acting as a “hub.” Allowing in-play sports betting, known as “proposition” or “prop” bets, at professional sports arenas also was part of the talks.

Gov. Ron DeSantis received an outline of a deal and met with numerous gambling-industry officials Friday. But revamping gambling laws is highly complicated as it involves numerous interests, including the Seminole Tribe and pari-mutuel operators. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Sports Betting and Other Major Provisions in the Florida Gambling Compact with the Seminole Tribe Could Prevent Deal

Casino Watch Focus has reported on the ongoing efforts to renegotiated the expired portion of the Seminole Gambling Compact. Several attempts have been made over the past few legislative sessions, but nothing has been established and they have been acting in good faith since.  As this year’s session approaches its end, the efforts to finalize a new compact have strengthened. As previously explainedit was suggested that sports gambling could be legalized in Florida without needing to involve a vote of the people. Tribal gambling is not regulated in the same way, so if they were to offer it, its believed that it could be a way to work around the need for voter approval. Florida Politics online explains:

Simpson acknowledged last week that the concept of allowing the tribe to run sports books at the state’s dog and horse tracks and jai alai frontons was intended to sidestep a constitutional amendment that passed in November requiring statewide votes on citizens’ initiatives that would expand casino-type gambling.

But [Florida Gov. Ron] DeSantis, a graduate of Harvard Law School, indicated the constitutional amendment adds another layer of analysis to an already-complicated legal deal that also encompasses serious policy-making decisions.

“Obviously, me and my staff we’re going through it, looking substantively (at) what it means, but also legally. As you know, there’s a lot of legalities that are involved in this. There is just a (constitutional) amendment that passed. You know, the question, does it apply to the tribe? Does it apply to this or that? So there’s a whole host of things I think that need to be vetted through, but prior to yesterday I had not seen the outline. We have it now and are going through it,” DeSantis said.

This sports betting provision in general, however, is being set up in a way that Florida Gov Ron DeSantis believes could cause problems. Florida Politics continues:

With time already an enemy, Gov. Ron DeSantis injected more uncertainty Tuesday into a gambling deal reached by a Senate Republican leader and a representative of the Seminole Tribe, suggesting its passage would be too heavy a “legislative lift.”

The governor said he and his staff have begun scrutinizing “a draft outline” of the agreement, which would open the door for sports betting in Florida, with the tribe acting as a “hub” for sports betting at the state’s pari-mutuels.

But the Republican governor appeared skeptical of some sports-betting provisions in the deal, which reportedly also would permit in-play betting at professional sports arenas.

The manner in which sports betting is set up “could really affect the integrity of the games,” said DeSantis, who, as an undergraduate played baseball for Yale University.

“If I can place a wager on whether the first pitch of a game is going to be a strike or not, well, hell, that’s a big moral hazard, because that’s not necessarily something that would affect the total outcome,” he added.

Clearly sports betting has its own set of issues, but that’s not the only sticking point for a successful compact. Designated player games also need addressed given the temporary agreement expires after May of this year. The Tampa Bay Times explains: 

But some issues opposed by pari-mutuels could imperil the deal’s success in the House, several lobbyists said.

Controversial “designated player” games offered at many of the state’s pari-mutuel cardrooms are a key element of the deal. The Seminoles — and a federal judge — have maintained that the card games violate a 2010 gambling agreement with the state that gave the tribe “exclusivity” over offering banked card games, such as blackjack.

Amid the dispute about designated player games, former Gov. Rick Scott entered an agreement with the tribe in which the Seminoles have continued to pay about $350 million a year to the state, which pledged to “aggressively enforce” how the games are played. But that agreement expires on May 31, and the House and Senate have not included the revenue in next year’s budget.

The deal under discussion would severely alter the way the card games are being played, making them virtually unprofitable for pari-mutuel cardrooms, sources said.

House Speaker José Oliva told The News Service of Florida on Tuesday afternoon that he had seen a “brief outline” of the gambling proposal.

The issues don’t stop there either. There are discussions to decouple horse racing in the same way dog racing was decoupled by the voters last election as well as other intertwined gambling issues. At the end of the day, Gov. DeSantis thinks it could simply be too many issues with too many parties to come to an agreement in time. The Tamp Bay Times continues:

To appease the pari-mutuels about the changes to the designed player games, the proposed agreement would also allow horse tracks to do away with horse races, while keeping lucrative activities like cardrooms and slot machines, which are legal at tracks in Broward and Miami-Dade counties. It is unclear whether such “decoupling” would also apply to jai alai frontons. Dog tracks are already allowed to drop greyhound races, thanks to a voter-approved constitutional amendment passed in November.

The pari-mutuels would also be able to operate sports books, with a cut going to the tribe, but the profits from sports betting wouldn’t offset the losses from the changes in the designated player games, according to industry experts.

Under the agreement, the Seminoles would be able to add craps and roulette to other gambling activities currently underway at the tribe’s casinos. The tribe would agree to pay about $400 million a year to the state, an amount that could gradually increase to about $500 million a year. That’s a boost from the current revenue-sharing agreement with the tribe, but far less than what legislative leaders had originally envisioned.

The decisions by the House and Senate to not include the tribe’s annual payments in their budget proposals takes some pressure off negotiators as lawmakers work to hammer out a final budget in the coming days.

Senate President Bill Galvano on Tuesday afternoon told the News Service that Simpson was continuing to work on the gambling deal, which the president said was still in play.

But with just a week-and-a-half left before the legislative session is slated to end, DeSantis hinted that passage of a compact would be extremely difficult. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Missouri’s Largest Gambling Expansion Proposal Since Casino Legalization Emerges in the House

Casino Watch Focus has reported on the various gambling proposals and changes in the Missouri gambling landscape, but this proposal might be the most shocking. The Missouri constitution was amended to allow gambling on riverboats by the voters back in 1994 and since that time, the qualifications for river boat gambling has drastically expanded. Its started as actual river boats that traveled up and down the rivers for a two hour period, but now no time or monetary limits exist and gamblers walk into full scale buildings up to 25 feet off the river bank (albeit with a tiny amount of river water with a tiny amount of river water pumped underneath them as to technically make them water craft). Even still, gambling has always been limited to the Missouri and Mississippi rivers. Now a bill has been proposed in the Missouri house that is so radical, it’s not an exaggeration to call it the largest and most problematic expansion of gambling the state has ever seen. An online source explains:

“This irresponsible bill would permit slot machines on every street corner where a restaurant, bar, convenience store or truck stop is located,” said Mike Winter, executive director of the Missouri Gaming Association. “These machines look and play just like slot machines. If this bill passes, we can expect to see them in every city, town or community across the state. Missouri could very quickly have more slot machines outside of casinos than inside them.”

“This is not what Missouri voters envisioned when they voted to approve casino wagering in Missouri,” Winter said. “Voters were very careful to restrict casinos to certain locations and to limit the number of casinos.”

The bill would bypass a vote by Missouri residents, who first authorized casinos by ballot initiative in 1994 and also voted to limit the number of casinos to 13 in 2008.

Not only does the bill drastically expand gambling, it seemingly bypassing regulation by the Missouri gambling commission and it leaves vulnerable those people and families who could be most impact by gambling addiction. The source continues:

If passed, the proposed gambling expansion is expected to heavily impact rural areas throughout the state. The same towns and cities that opposed casinos in their communities could suddenly see hundreds of slot machines in family restaurants, convenience stores and other retail establishments.

HB 423 would prohibit anyone under the age of 21 from playing lottery slot machines but oversight would be minimal as compared to the strict rules that regulate casinos. Busy retailers with machines on their premises would be solely responsible for monitoring their use.

“The proposed regulations, security and oversight are simply inadequate,” Winter said. “This gambling expansion would bypass not only our state’s voters but also our strong gaming commission, which establishes and enforces strict gambling regulations in our casinos.”

Missouri casinos and the Missouri Gaming Association provide a full range of programs to promote responsible gaming and to help those who have a gambling problem. Retailers hosting lottery slot machines would not be required to provide similar responsible gaming education.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Florida Bill Banning Online Lottery sales Advances with Additional Warnings for Gamblers

Casino Watch Focus has reported on the ongoing developments of the Department of Justice’s decision to restore the wire act to its long standing position that makes online gambling illegal. Many states have an eye on the developments as legal action was threatened by New Jersey and New Hampshire. The topic is also of interest in Florida where many are curious how gambling legislation will move forward in the wake of the Voters in Charge gambling bill being passed that requires statewide voter approval for gambling expansion. The most well know issue centers around sports betting, but online gambling is also of interest. To that extent, a bill is moving forward in the Florida legislature to end the practice of online lottery sales before it gets off the ground. An online source reports:

Florida does not sell lottery tickets over the internet — and if a bill passed Wednesday by the House Gaming Control Subcommittee becomes law, it never will.

While New Hampshire has sued the Department of Justice in a bid to protect the revenues it derives from its online lottery operations, State Rep. Will Robinson (R-Bradenton) wants to the option taken off the table entirely.

The main aim of Robinson’s bill — which was advanced by the committee in a 10-1 vote — is to shut out third-party websites that claim affiliation with the state lottery but actually just buy tickets and mark up prices.

The bill would ban the use of personal electronic devices for the sale and purchase of tickets, ensuring that every ticket sale involves a transaction between a store and an in-person buyer.

“These fraudulent websites are, in my view, illegally advertising when they are not related to the lottery system at all,” he told /Florida Politics/ earlier this week. “The lottery is significantly regulated and that’s for a purpose … The state of Florida wants to make sure the right thing is being sold.”

The bill’s intent goes beyond just selling tickets online however. The Rep. Will Robinson Jr believes people should truly understand how very unlikely the changes of winning the lottery are for would be gamblers. He has proposed additional warnings placed on physical tickets. The Tampa Bay Times explains:

Debate about a bill that would require warnings on lottery tickets quickly turned into a debate on Wednesday about whether anyone in Florida is actually addicted to lottery games, with one lawmaker blasting it as “deceptive.” The bill (HB 629) by state Rep. Will Robinson, Jr., R-Bradenton, would add two warnings to the front of every lottery ticket:

“WARNING: PLAYING A LOTTERY GAME CONSTITUTES GAMBLING AND MAY LEAD TO
ADDICTION AND/OR COMPULSIVE BEHAVIOR.”

And, “THE CHANCES OF WINNING A BIG PRIZE ARE VERY LOW.”

Under the bill, those two warnings would take up 10 percent of the face of every lottery card, and they would be required in every Florida Lottery advertisement, including those on television.

But state Rep. Emily Slosberg, D-Boca Raton, grilled Robinson during a House Gaming Control Subcommittee meeting about whether he knows of anyone addicted to lottery games. Robinson he didn’t know of any personal examples, but he pointed to news articles out of state. That led Slosberg to come out strongly against the bill.

How many people might be addicted to the games is unclear. But the numbers show that some Floridians spend a staggering amount each year on lottery tickets. Last year, the Florida Lottery sold $6.7 billion in tickets — nearly $400 in tickets for every adult in the state. (The figure doesn’t include tourists, some of whom also play.) And while the Florida Lottery does post the number to a gambling addiction hotline on its website, it doesn’t say anything on its tickets. State Rep. Randy Fine, R-Palm Bay, who used to run a casino consulting company in Las Vegas, disagreed with Slosberg. “The research proves that there are people that become addicted to gambling, and whether it’s 1 percent or 5 percent, people do at times become susceptible to this,” he said. “I know this from my prior life.”

The bill passed the House Gaming Control Subcommittee with only Slosberg voting against it. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION