Florida Statutes

Fla. Stat. § 550.0251 (2025)

Powers and duties of the Florida Gaming Control Commission.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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550.0251 Powers and duties of the Florida Gaming Control Commission.—The commission shall administer this chapter and regulate the pari-mutuel industry under this chapter and the rules adopted pursuant thereto, and:

(1) The commission shall make an annual report to the Governor showing its own actions, receipts derived under the provisions of this chapter, the practical effects of the application of this chapter, and any suggestions it may approve for the more effectual accomplishments of the purposes of this chapter.

(2) The commission shall require an oath on application documents as required by rule, which oath must state that the information contained in the document is true and complete.

(3) The commission shall adopt reasonable rules for the control, supervision, and direction of all applicants, permittees, and licensees and for the holding, conducting, and operating of all racetracks, race meets, and races held in this state. Such rules must be uniform in their application and effect, and the duty of exercising this control and power is made mandatory upon the commission.

(4) The commission may take testimony concerning any matter within its jurisdiction and issue summons and subpoenas for any witness and subpoenas duces tecum in connection with any matter within the jurisdiction of the commission under its seal and signed by the director.

(5) The commission may adopt rules establishing procedures for testing occupational licenseholders officiating at or participating in any race or game at any pari-mutuel facility under the jurisdiction of the commission for a controlled substance or alcohol and may prescribe procedural matters not in conflict with s. 120.80(19).

(6) In addition to the power to exclude certain persons from any pari-mutuel facility in this state, the commission may exclude any person from any and all pari-mutuel facilities in this state for conduct that would constitute, if the person were a licensee, a violation of this chapter or the rules of the commission. The commission may exclude from any pari-mutuel facility within this state any person who has been ejected from a pari-mutuel facility in this state or who has been excluded from any pari-mutuel facility in another state by the governmental department, agency, commission, or authority exercising regulatory jurisdiction over pari-mutuel facilities in such other state. The commission may authorize any person who has been ejected or excluded from pari-mutuel facilities in this state or another state to attend the pari-mutuel facilities in this state upon a finding that the attendance of such person at pari-mutuel facilities would not be adverse to the public interest or to the integrity of the sport or industry; however, this subsection shall not be construed to abrogate the common-law right of a pari-mutuel permitholder to exclude absolutely a patron in this state.

(7) The commission may oversee the making of, and distribution from, all pari-mutuel pools.

(8) The commission may collect taxes and require compliance with reporting requirements for financial information as authorized by this chapter. In addition, the commission may require permitholders conducting pari-mutuel operations within the state to remit taxes, including fees, by electronic funds transfer if the taxes and fees amounted to $50,000 or more in the prior reporting year.

(9) The commission may conduct investigations in enforcing this chapter, except that all information obtained pursuant to an investigation by the commission for an alleged violation of this chapter or rules of the commission is exempt from s. 119.07(1) and from s. 24(a), Art. I of the State Constitution until an administrative complaint is issued or the investigation is closed or ceases to be active. This subsection does not prohibit the commission from providing such information to any law enforcement agency or to any other regulatory agency. For the purposes of this subsection, an investigation is considered to be active while it is being conducted with reasonable dispatch and with a reasonable, good faith belief that it could lead to an administrative, civil, or criminal action by the commission or another administrative or law enforcement agency. Except for active criminal intelligence or criminal investigative information, as defined in s. 119.011, and any other information that, if disclosed, would jeopardize the safety of an individual, all information, records, and transcriptions become public when the investigation is closed or ceases to be active.

(10) The commission may impose an administrative fine for a violation under this chapter of not more than $1,000 for each count or separate offense, except as otherwise provided in this chapter, and may suspend or revoke a permit, a pari-mutuel license, or an occupational license for a violation under this chapter. All fines imposed and collected under this subsection must be deposited with the Chief Financial Officer to the credit of the General Revenue Fund.

(11) The commission shall supervise and regulate the welfare of racing animals at pari-mutuel facilities.

(12) The commission shall have full authority and power to make, adopt, amend, or repeal rules relating to cardroom operations, to enforce and to carry out the provisions of s. 849.086, and to regulate the authorized cardroom activities in the state.

(13) The commission shall have the authority to suspend a permitholder’s permit or license, if such permitholder is operating a cardroom facility and such permitholder’s cardroom license has been suspended or revoked pursuant to s. 849.086.

History.—s. 7, ch. 92-348; s. 207, ch. 94-218; s. 1, ch. 95-204; s. 3, ch. 95-390; s. 21, ch. 96-364; s. 343, ch. 96-406; s. 248, ch. 96-410; s. 652, ch. 2003-261; s. 105, ch. 2005-2; s. 10, ch. 2022-7; s. 8, ch. 2022-179.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1995–2024 · leading case: Gill v. Gulfstream Park Racing Ass'n, 399 F.3d 391 (1st Cir. 2005).

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Gill v. Gulfstream Park Racing Ass'n, 399 F.3d 391 (1st Cir. 2005). “” Fla. Stat. § 550.0251 (9). “Criminal investigative information” includes “information derived from laboratory tests, reports of investigators or informants, or any type of surveillance” during the course of a criminal investigation.”

South Florida Racing Ass'n v. State, Dep't of Bus. & Prof'l Reg., 201 So. 3d 57 (Fla. 3d DCA 2015). · cites it 4× “*61 We believe the Division’s interpretation of “the smallest play or total pool within the county” is infirm in all three ways.”

Kennel Club v. Dept. of Bus., 719 So. 2d 1210 (Fla. 2d DCA 1998). · cites it 5× “0251(12) states that the Division shall have the authority to make rules relating to cardroom operations, to enforce and carry out the provisions of section 849.”

DEPT. of LEGAL AFFAIRS v. Bradenton Grp., 727 So. 2d 199 (Fla. 1998). “The Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation is empowered under subsection 550.0251(10) to impose penalties upon authorized organizations for violations of these technical rules.”

Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering v. Dania Ent. Ctr., LLC, 229 So. 3d 1259 (Fla. 1st DCA 2017). · cites it 2× “The ALJ found that neither section 550.0251(12) nor section 849.086(4), Florida Statutes, which provide the Division with rulemaking authority, authorize the Division to “further define, prohibit, or limit activities authorized by statute,” including designated player games.”

Gulfstream Park Racing Ass'n, Inc. v. Tampa Bay Downs, Inc., 294 F. Supp. 2d 1291 (M.D. Fla. 2003). “Indeed under Section 550.0251(10), the Division had the authority to fine Gulfstream up to a

DEPT. OF Bus. v. Calder Race Course, 724 So. 2d 100 (Fla. 1st DCA 1998). · cites it 11× “We affirm, *101 because the rule at issue in this appeal was not authorized by section 550.0251, Florida Statutes, under the 1996 amendments to sections 120.”

Hennessey v. Dept. of Bus. & Prof'l Reg. Div. of Pari-mutuel Wagering, 818 So. 2d 697 (Fla. 1st DCA 2002). · cites it 3× “002 are section 550.0251(3), Florida Statutes, and sections 550.”

Summer Jai Alai Partners v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering, 125 So. 3d 304 (Fla. 3d DCA 2013). · cites it 2× “Thus, because the Division is the state agency that is responsible for regulating pari-mutuel wagering in Florida, see § 550.0251, Fla. Stat. (2012) (providing that the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation “shall administer…”

Witmer v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering, 662 So. 2d 1299 (Fla. 4th DCA 1995). “02(3)(b), Florida Statutes (1991), which was repealed by the 1991 Legislature and reenacted in 1992 as section 550.0251(5). It *1302 gave to the Division the authority to prescribe procedural matters not in conflict with section 120.”

South Marion Real Est. Holdings, LLC d/b/a Oxford Downs, & Darold R. Donnelly v. Florida Gaming Control Comm'n (Fla. 5th DCA 2024). · cites it 7× “” § 550.0251(12). This grant of rulemaking authority envisions that the Commission’s rules will “enforce” and “carry out”—or, stated another way, implement—“the provisions of [section] 849.”

Witmer v. Dept. of Bus. & Prof. Reg., 662 So. 2d 1299 (Fla. 4th DCA 1995). “02(3)(b), Florida Statutes (1991), which was repealed by the 1991 Legislature and reenacted in 1992 as section 550.0251(5). It *1302 gave to the Division the authority to prescribe procedural matters not in conflict with section 120.”

Show all 13 citing cases →

— 550.0251(10) — 2 cases

Gulfstream Park Racing Ass'n, Inc. v. Tampa Bay Downs, Inc., 294 F. Supp. 2d 1291 (M.D. Fla. 2003). “Indeed under Section 550.0251(10), the Division had the authority to fine Gulfstream up to a

— 550.0251(12) — 3 cases

Kennel Club v. Dept. of Bus., 719 So. 2d 1210 (Fla. 2d DCA 1998). “0251(12) states that the Division shall have the authority to make rules relating to cardroom operations, to enforce and carry out the provisions of section 849.”

Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering v. Dania Ent. Ctr., LLC, 229 So. 3d 1259 (Fla. 1st DCA 2017). “The ALJ found that neither section 550.0251(12) nor section 849.086(4), Florida Statutes, which provide the Division with rulemaking authority, authorize the Division to “further define, prohibit, or limit activities authorized by statute,” including designated player games.”

South Marion Real Est. Holdings, LLC d/b/a Oxford Downs, & Darold R. Donnelly v. Florida Gaming Control Comm'n (Fla. 5th DCA 2024). “” § 550.0251(12). This grant of rulemaking authority envisions that the Commission’s rules will “enforce” and “carry out”—or, stated another way, implement—“the provisions of [section] 849.”

— 550.0251(3) — 3 cases

South Florida Racing Ass'n v. State, Dep't of Bus. & Prof'l Reg., 201 So. 3d 57 (Fla. 3d DCA 2015). “*61 We believe the Division’s interpretation of “the smallest play or total pool within the county” is infirm in all three ways.”

Hennessey v. Dept. of Bus. & Prof'l Reg. Div. of Pari-mutuel Wagering, 818 So. 2d 697 (Fla. 1st DCA 2002). “002 are section 550.0251(3), Florida Statutes, and sections 550.”

DEPT. OF Bus. v. Calder Race Course, 724 So. 2d 100 (Fla. 1st DCA 1998). “We affirm, *101 because the rule at issue in this appeal was not authorized by section 550.0251, Florida Statutes, under the 1996 amendments to sections 120.”

— 550.0251(5) — 2 cases

— 550.0251(9) — 1 case

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