LEGISLATIVE UPDATE

Matt Bryan FTBOA Lobbyist

Smith, Bryan and Myers

FILE PHOTO 2022 Legislative Session Report

As is said regarding baseball, some games are played during the day, some are played at night and some games are rained out. The 2022 Legislative Session featured many issues that raised emotions to an elevated level among the legislative membership and the public. However, the session was a rain out when it comes to pari-mutuel or gaming related issues.

After dealing with the Compact, decoupling, and a host of complicated pari-mutuel and gaming issues during the 2021 Regular and Special Sessions, the Legislature had little interest in fighting those battles again in 2022. Legislative leaders instead decided to focus on the priorities of Governor DeSantis, redistricting, and developing a historically large state budget. Redistricting is always a complicated issue but remarkably the redrawn maps evoked very little pushback from persons outside of the process and instead embroiled the Governor in a vocal disagreement with the House and Senate over the Congressional maps which he says he will veto. Producing a budget with unlimited resources is a much more difficult and time-consuming task than when times are tough and a simple 3% reduction across all government budgets can be implemented.

Despite those challenges, the Legislature adjourned Sine Die less than one business day after the scheduled close on Monday, March 14. One gaming bill of substance did however make it through the legislative process. SB 2510, a budget bill related to the Florida Gaming Commission, conformed statutes to the budget in the following manner: • Deleted a requirement that each member of the Commission be appointed from each of the five appellate court districts due to a Supreme Court decision to create a new Sixth Appellate District. • Allowed a person who has lobbied for a state agency to be appointed as a commissioner or to be employed as a commission employee. • Moved the hearing and notice exemption in Chapter 120, F. S., for pari-mutuel stewards, judges, and boards of judges from the Division of Pari-Mutuel Wagering to the Commission. • Deleted the Pari-Mutuel Wagering Trust Fund from the Department of Business and Professional Regulation and authorizes the Commission to administer the fund. • Provided that the daily license fees for pari-mutuel wagering are to be used to fund the operating cost of the Commissioner instead of the Division. • Provided that slot machine fees shall be used to fund the operating expenses of the Commission instead of the Division. • Deleted the transfer of funds from the Pari-mutuel Trust Fund to the General Revenue Fund. • Required the Commission to evaluate the license fee for slot machine regulatory requirements and make recommendations to the Speaker and the President on the amount of such fees by January 1, 2026. • Provided that the game promotion statute does not apply to actions regulated by the Commission. • Takes effect July 1, 2022.

It is likely that Congressional redistricting maps will be vetoed by the Governor and a special session may follow soon after but we do not expect pari-mutuel or gaming issues to be considered if there is one..

We can now turn an eye toward the 2023 Regular Session. That session will open in March and close in May. We expect there to be a full slate of pari-mutuel and gaming issues on the table. There will likely be renewed attempts at statewide sports betting, efforts to increase purses and awards for thoroughbred racing, attempts to re-allocate distribution of revenue from advanced deposit wagering companies, and many more thorny issues debated.

Please rest assured that the FTBOA leadership will work hard over the interim period between sessions to improve conditions for thoroughbred breeders, owners, trainers and even tracks during the 2023 session. TFH