Key Moments:
- Attorney General James Uthmeier has urged lawmakers to raise the penalty for operating illegal gambling businesses from a misdemeanor to a felony.
- A recent high-profile case has renewed the call for increased enforcement and stricter penalties in Florida.
- Two gaming bills proposing third-degree felony charges for unlicensed gambling operators have been pre-filed for legislative consideration.
Current Legal Framework and AG’s Plea
Florida Attorney General James Uthmeier has called upon the state legislature to strengthen the state’s response to illegal gambling. Additionally, he stressed the urgency of addressing the issue. At present, individuals operating unlicensed gambling establishments are subject to misdemeanor charges. Uthmeier wants the law to be updated so that running these illegal businesses would constitute a felony offense.
The need for change became clear when Uthmeier addressed lawmakers. This happened after another high-profile illegal gambling case emerged. The case allegedly implicated a county sheriff and the sheriff’s spouse. Uthmeier said, “Not only does it violate our state’s rule of law and put our consumers at risk, but it often breeds other illicit acts, like human and drug trafficking, money laundering, and racketeering. Right now, people can stand to make millions off unlawful gambling operations and just end up with a slap on the wrist.” He went on to emphasize, “This is not sending the right message,” and added, “It is not enough of a deterrent. I encourage the Florida Legislature to pursue heightened criminal penalties and increase the current misdemeanor charge to a felony.”
Challenges Posed by Illegal Arcade Operations
Illegal gambling arcades, such as the Triple Cherry Arcade in Fort Myers, have been camouflaged as legitimate game centers. However, they have raised concerns for failing to comply with consumer protections. Florida boasts a large population of retirees, and many older adults enjoy slot machine gaming. However, the state only permits Las Vegas-style slots at the Seminole Tribe’s six land-based casinos. They are also allowed within Miami-Dade and Broward counties. This limitation has led to the emergence of unregulated gambling venues in various parts of Florida.
Unlike their legal counterparts, these illicit establishments have not implemented fair play measures or responsible gaming safeguards. While state law requires authorized slots to return at least 85% of wagers to players, machines at illegal arcades have been set as low as 18%. Additionally, these arcades often lack appropriate security protocols, creating further risks for patrons.
Financial Incentives and Enforcement Difficulties
According to Uthmeier, the current penalties are insufficient to deter these operations, as some illegal gambling businesses are believed to make millions of dollars annually. He warned, “It’s time to ensure that the consequences for this illicit behavior correspond with the dangers it brings into our communities.”
Uthmeier noted that law enforcement has successfully dismantled several extensive illegal gambling rings involving tens of millions of dollars. However, with only a misdemeanor charge at stake, many individuals are able to resume their operations after conviction, perpetuating the cycle.
Legislative Outlook
Earlier this year, a legislative proposal to elevate the offense of operating illegal gambling enterprises to a felony did not progress in the state House of Representatives. As the Florida Legislature prepares to reconvene for its 2026 session in January, the issue remains on the agenda. State Senator Jennifer Bradley (R-Union) and Representative Dana Trabulsy (R-St. Lucie) have both pre-filed bills in their respective chambers proposing that running an illegal gambling business become a third-degree felony.
Under Florida law, a conviction for a third-degree felony carries “a term of imprisonment not exceeding five years.”
| Proposed Change | Current Penalty | Proposed Penalty | Maximum Imprisonment |
|---|---|---|---|
| Operating an illegal gambling business | Misdemeanor | Third-degree felony | Up to 5 years |
- Author
Daniel Williams
