Update (12.22.21): Governor Ron Desantis just announced the first three appointments to the new Florida Gaming Control Commission. The regulatory community will recognize these names, as the list includes a current DBPR head, a former DBPR head, and a well-known insurance industry regulator.

Click here for the press releases and more information.

Update (5.25.21): Today, Governor Ron Desantis signed the bill that will create the Florida Gaming Control Commission. However, the current Division of Parimutuel Wagering will remain the lead regulatory agency for gambling in the Sunshine State for an indefinite period of time.

A closer look at SB 4-A shows that it will become effective on the same date that SB 2-A takes effect, which brings some external factors into the analysis. 2-A will become effective only when it is approved or deemed approved by the United States Department of the Interior, a process that is ongoing. The firm will continue to watch these developments and provide updates on this site.

The full staff analysis of SB 4-A is below (PDF link). The original, pre-Session version of this article is after the jump.

Original Article (5.6.21): As a former Director of the Division of Pari-Mutuel Wagering, which regulates the horse racing, jai alai, cardroom, and slot machine activity for the State of Florida, my eyebrows raised when I heard rumors that a new Florida Gaming Control Commission could be created by the Florida Legislature. With the Florida Legislature now scheduled to meet on that very idea on May 17, 2021, here’s what you need to know.

Is there a difference between the current Division of Pari-Mutuel Wagering and the proposed Florida Gaming Control Commission?

As succinctly stated by the Florida Senate in a recent analysis of the most-recently available gaming legislation, the Division of Pari-Mutuel Wagering (Division) in the Department of Business and Professional Regulation (DBPR) has “regulatory oversight of permitted and licensed pari-mutuel wagering facilities, cardrooms located at pari-mutuel facilities, and slot machines at pari-mutuel facilities….”

The Florida Gaming Control Commission, frankly, will handle those core functions but with a slightly broader jurisdiction.

If the duties are nearly identical, then what is the difference?

The Senate legislation would essentially transfer the Division from DBPR to the Department of Legal Affairs, Office of the Attorney General, where it would exist as a separate budget entity. A five-member commission would be appointed, who would in turn appoint an executive director to supervise the commission’s day-to-day operations.

The Senate legislation also contemplates that the commission would have a sworn law enforcement unit, not dissimilar to the Bureau of Law Enforcement within the Division of Alcoholic Beverages and Tobacco.

Why is this happening now?

While it is true that a regulatory unit need not be located within the Office of the Attorney General or another law enforcement agency in order to employ sworn officers, it is also clear that the Legislature is taking a comprehensive approach to reshaping Florida’s casino gambling laws. In addition to the Florida Gaming Control Commission proposal, legislators are also poised to determine whether Floridians will be able to bet on sports on and off tribal lands.

When is this happening?

As described in the below memorandum from the Senate President, the Florida Legislature will return to Tallahassee the week of May 17, 2021. You’ll have to stay tuned to this site or follow the action.

How can I follow the legislative action?

The legislation, staff analyses, schedule, and video for the special session will be available through myfloridahouse.com and flsenate.gov. The Florida Channel will have live and on-demand coverage throughout the process. Also stay tuned for more resources from Glover Law at the conclusion of the legislative business.