Market update: Florida
of Legal Affairs leadership has any control or supervisory responsibilities over, or ability to direct the FGCC. Instead, the Commission operates independently in the performance of its regulatory and administrative duties with plenary authority over all of Florida’s gambling laws. The Commission itself is composed of five members. The current composition of the Commission is as follows: • John MacIver, Chairman; • Michael Yaworksky, Vice Chairman; • Julie Brown, who served as the Inaugural Chairman; • John D’Aquila, and; • Charles Drago. Initially, each member of the commission was required to a reside in a different appellate court district, however, with the creation of a sixth appellate district in Florida, this requirement was removed in the 2022 legislative session. At least one member must have ten or more years of law enforcement investigation experience, at least one member must be a Florida licensed certified public accountant with ten years of experience, and at least one member must be an attorney authorized to practice law in Florida for the preceding ten years. Commission members serve staggered four-year terms but may not serve as a commissioner for more than twelve years total. Each commissioner is appointed by the Governor, subject to confirmation by the Florida Senate and suspension or removal as set forth in the Florida Constitution. Additionally, each must meet the statutory qualifications for appointment with the FGCC, including not holding any office in a political party, never having a gaming license suspended or revoked in any jurisdiction, and not having been convicted, found guilty, or pled nolo contendere to a crime of dishonesty or a crime related to gambling. Furthermore, no commissioner (or commission employee) may have been any of the following within the previous two years: • held a permit or a license issued by PMW/FGCC; • be an officer, or an employee of any such licensees; • be an officer, employee, or otherwise responsible for gaming operations owned by an Indian tribe with a valid and active compact with the state; • be a contractor or subcontractor of such tribe or the ultimate owner of an entity performing such services; • be a member of the Florida Legislature; • be an operator of charitable bingo games or an employee of a bingo operator in Florida. The Commission functions similarly to a board unlike the former PMW, which was headed ostensibly by a director with oversight and ultimate authority residing with the Secretary of the Department of Business and Professional Regulation.
Therefore, all the Commission’s meetings, discussions, and decisions will be conducted pursuant to Florida’s open government provisions. The Commission has a limited public records exception for items that would otherwise be exempt, such as discussions involving confidential criminal investigation information, but it must follow the proper procedure to invoke its public records exemption and must maintain records internally of any items discussed or determined while out of the so-called “sunshine”. Ideally, this makes the workings of the FGCC more transparent than those of its predecessor. Operationally, the FGCC also employs Executive Director Louis Trombetta, formerly the Director of the now-defunct PMW. The Executive Director oversees the day-to-day activities necessary to fulfil the Commission’s responsibilities, including personnel, budgeting, and other administrative matters. Furthermore, Trombetta and his team will likely be tasked with the preparation of the Commission’s annual report to be submitted to the Governor, Speaker of the Florida House, and President of the Florida Senate each December. Additionally, the Commission absorbed most of the former PMW’s personnel through a legislative budget transfer, effectively excising PMW from DBPR and placing them within the FGCC’s hierarchy. As a result, positions such as track stewards, slot machine inspectors, and licensing personnel remained staffed by those who are ostensibly familiar with the industry and its regulations, the facilities, and the industry members themselves. The creation of the FGCC also attempts to address one of PMW’s biggest sore spots – illegal gaming within Florida. While PMW was authorized to regulate legal gambling and address administrative violations of its licensees, it was extraordinarily limited in its ability to address unlicensed activity. Allegations of illegal gambling were referred to other agencies, most often to local law enforcement already burdened with other, more generalized peacekeeping obligations. Grey-market gambling, particularly “internet café” establishments offering illegal slot machine gaming, predictably proliferated throughout the state. These alleged violations were often overlooked unless a higher profile, often violent crime took place at the infringing establishment. Consequently, while creating the Commission, the Legislature also took the first affirmative steps to attempting to reign in illegal gambling statewide. The bill that created the FGCC also amended section 16.56(1)(a), Florida Statutes, authorizing the Office of Statewide Prosecution to investigate and prosecute violations of the state’s lottery, amusement facility, pari-mutuel facility, general gambling and slot machine laws, as well as violations of the Seminole Gaming compact, referred to the office by the Commission. 1
1 The Attorney General’s Office always had jurisdiction over chapter 849, Florida Statutes (Gambling), as the chapter is included within criminal prohibitions.
IMGL Magazine • November 2022 • 43
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