Committee/Subcommittee Amendment — Bill No. PCS for HB 189 (2026): Representative Trabulsy Offered the Following
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- Congressional materials
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- 2026 3288 Industries Professional Activities Subcommittee Proposed Committee Bill Amendmen
Summary
A committee/subcommittee amendment to Bill No. PCS for HB 189 (2026), offered by Representative Trabulsy in the Industries & Professional Activities Subcommittee, published November 17, 2025. The amendment removes lines 542-562 and inserts Sections 14 through 18, amending the Florida Statutes. It adds a subsection to s. 546.10 letting a veterans' service organization chartered under Title 36, U.S.C. and holding an alcoholic beverage license petition the Florida Gaming Control Commission for a declaratory statement under s. 120.565 on whether a game or machine is an amusement machine, to be issued within 60 days. It amends s. 550.0951 on the tax on handle for intertrack wagering, amends s. 849.08 to define and prohibit Internet gambling and Internet sports wagering, and creates s. 849.48 prohibiting advertisements that promote illegal gambling. A title amendment removing line 44 follows.
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“Committee/Subcommittee Amendment — Bill No. PCS for HB 189 (2026): Representative Trabulsy Offered the Following.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-3288-industries-professional-activities-subcommittee-proposed-committee-bill-amendments-fn-pcs-for-hb-189-a1/
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Trabulsy offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 542-562 and insert:
7 Section 14. Subsections (8) and (9) of section 546.10,
8 Florida Statutes, are renumbered as subsections (9) and (10),
9 respectively, and a new subsection (8) is added to that section,
10 to read:
11 546.10 Amusement games or machines.—
12 (8)(a)1. Before purchasing or installing a game or machine
13 on the premises of any veterans' service organization granted a
14 federal charter under Title 36, U.S.C., or a division, a
15 department, a post, or a chapter of such organization, for which
16 an alcoholic beverage license has been issued, and the veterans'
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Bill No. PCS for HB 189 (2026)
Amendment No.
17 service organization is in doubt about whether a machine meets
18 the definition of an amusement machine under this section, the
19 organization may petition the Florida Gaming Control Commission
20 for a declaratory statement under s. 120.565 on whether the
21 operation of the game or machine would be authorized under this
22 section or would be a violation of this section or chapter 849.
23 A game or machine awaiting a declaratory statement from the
24 commission may not be purchased or installed until the
25 declaratory statement is issued.
26 2. If there is a game or machine currently on the premises
27 of any veterans' service organization granted a federal charter
28 under Title 36, U.S.C., or a division, a department, a post, or
29 a chapter of such organization, for which an alcoholic beverage
30 license has been issued and the veterans' service organization
31 is in doubt about whether a machine meets the definition of an
32 amusement machine under this section, the organization may
33 petition the commission for a declaratory statement pursuant to
34 s. 120.565 on whether the operation of the game or machine would
35 be authorized under this section or would be a violation of this
36 section or chapter 849. If the game, machine, premises, or
37 organization is the subject of an ongoing criminal
38 investigation, the organization may not petition the commission
39 for a declaratory statement under this subsection.
40 3. The commission shall issue a declaratory statement
41 pursuant to this subsection within 60 days after receiving a
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42 petition requesting such statement. The commission may not deny
43 a petition that is validly requested pursuant to this subsection
44 and s. 120.565.
45 (b) A petition made under this subsection must provide
46 enough information for the commission to issue the declaratory
47 statement and must be accompanied by the exact specifications
48 for the type of game or machine that the organization will
49 purchase or install or currently has on the premises. The
50 declaratory statement is valid only for the game or machine for
51 which it is requested and is invalid if the specifications for
52 the game or the machine have been changed.
53 (c) The declaratory statement is binding on the commission
54 and may be introduced in any subsequent proceedings as evidence
55 of a good faith effort to comply with this section or chapter
56 849.
57 (d) This subsection does not prevent the commission or any
58 other criminal justice agency as defined in s. 943.045 from
59 detecting, apprehending, and arresting a person for any alleged
60 violation of this chapter, chapter 24, part II of chapter 285,
61 chapter 550, chapter 551, or chapter 849, or any rule adopted
62 pursuant thereto, or of any law of this state.
63 (e) This subsection does not require an owner or an
64 operator of an amusement game or machine under this section to
65 request or obtain a declaratory statement in order to operate
66 pursuant to this section.
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67 Section 15. Paragraph (c) of subsection (3) of section
68 550.0951, Florida Statutes, is amended to read:
69 550.0951 Payment of daily license fee and taxes;
70 penalties.—
71 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
72 contributions to pari-mutuel pools, the aggregate of which is
73 hereinafter referred to as "handle," on races or games conducted
74 by the permitholder. The tax is imposed daily and is based on
75 the total contributions to all pari-mutuel pools conducted
76 during the daily performance. If a permitholder conducts more
77 than one performance daily, the tax is imposed on each
78 performance separately.
79 (c)1. The tax on handle for intertrack wagering is 2.0
80 percent of the handle if the host track is a horse track, 3.3
81 percent if the host track is a harness track, 5.5 percent if the
82 host track is a dog track, and 7.1 percent if the host track is
83 a jai alai fronton. The tax on handle for intertrack wagering is
84 0.5 percent if the host track and the guest track are
85 thoroughbred permitholders or if the guest track is located
86 outside the market area of the host track and within the market
87 area of a thoroughbred permitholder currently conducting a live
88 race meet. The tax on handle for intertrack wagering on
89 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
90 of the handle and 1.5 percent of the handle for intertrack
91 wagering on rebroadcasts of simulcast harness horseraces. The
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92 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
93 2. The tax on handle for intertrack wagers accepted by any
94 dog track located in an area of the state in which there are
95 only three permitholders, all of which are greyhound
96 permitholders, located in three contiguous counties, from any
97 greyhound permitholder also located within such area or any dog
98 track or jai alai fronton located as specified in s. 550.615(6)
99 or (9), on races or games received from the same class of
100 permitholder located within the same market area is 3.9 percent
101 if the host facility is a greyhound permitholder and, if the
102 host facility is a jai alai permitholder, the rate shall be 6.1
103 percent except that it shall be 2.3 percent on handle at such
104 time as the total tax on intertrack handle paid to the
105 commission by the permitholder during the current state fiscal
106 year exceeds the total tax on intertrack handle paid to the
107 commission by the permitholder during the 1992-1993 state fiscal
108 year.
109 Section 16. Section 849.08, Florida Statutes, is amended
110 to read:
111 849.08 Gambling.—
112 (1) As used in this section, the term:
113 (a) "Internet gambling" means to play or engage in any
114 game in which money or other thing of value is awarded based on
115 chance, regardless of any application of skill, that is
116 available on the Internet and accessible on a mobile device,
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117 computer terminal, or other similar access device and simulates
118 casino-style gaming, including, but not limited to, slot
119 machines, video poker, and table games.
120 (b) "Internet sports wagering" means to stake, bet, or
121 wager any money or other thing of value upon the result of any
122 trial or contest of skill, speed, power, or endurance of human
123 or beast that is available on the Internet and accessible on a
124 mobile device, computer terminal, or other similar access
125 device. The term does not include fantasy sports contests as
126 defined in s. 849.0932, or any activity conducted pursuant to
127 chapter 550.
128 (2) A person who Whoever plays or engages in Internet
129 gambling, or any game at cards, keno, roulette, faro or other
130 game of chance, at any place, by any device whatever, for money
131 or other thing of value, commits shall be guilty of a
132 misdemeanor of the second degree, punishable as provided in s.
133 775.082 or s. 775.083.
134 (3) A person who plays or engages in Internet sports
135 wagering commits:
136 (a) For a first offense, a misdemeanor of the second
137 degree, punishable as provided in s. 775.082 or s. 775.083.
138 (b) For a second or subsequent offense, a misdemeanor of
139 the first degree, punishable as provided in s. 775.082 or s.
140 775.083.
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Amendment No.
141 (4) A person who operates, conducts, or promotes illegal
142 gambling, Internet gambling or Internet sports wagering, or
143 receives in any manner whatsoever any money or other thing of
144 value offered for the purpose of illegal gambling, Internet
145 gambling or Internet sports wagering, or who knowingly becomes
146 the custodian or depositary of any money or other thing of value
147 so offered, or who aids, assists, abets, or influences in any
148 manner in any of such acts, all of which are hereby forbidden,
149 commits a felony of the third degree, punishable as provided in
150 s. 775.082, s. 775.083, or s. 775.084.
151 (5) This section does not apply to participation in, or
152 the conduct of, any gaming activities authorized under s.
153 285.710(13) and conducted pursuant to a gaming compact ratified
154 and approved under s. 285.710(3), or any gaming activities
155 authorized under chapter 550.
156 Section 17. Section 849.11, Florida Statutes, is amended
157 to read:
158 849.11 Plays at games of chance by lot.—
159 (1) A person who Whoever sets up, promotes or plays in
160 person or in any other manner, including, but not limited to, by
161 the use, at least in part, of the Internet, at any game of
162 chance by lot or with dice, cards, numbers, hazards or any other
163 gambling device whatever for, or for the disposal of money or
164 other thing of value or under the pretext of a sale, gift or
165 delivery thereof, or for any right, share or interest therein,
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166 commits shall be guilty of a misdemeanor of the second degree,
167 punishable as provided in s. 775.082 or s. 775.083.
168 (2) A person who sets up, operates, conducts, promotes, or
169 receives in any manner whatsoever any money or other thing of
170 value offered for the purpose of conduct prohibited in
171 subsection (1), or who knowingly becomes the custodian or
172 depositary of any money or other thing of value so offered, or
173 who aids, assists, abets, or influences in any manner in any of
174 such acts, commits a felony of the third degree, punishable as
175 provided in s. 775.082, s. 775.083, or s. 775.084.
176 Section 18. Section 849.48, Florida Statutes, is created
177 to read:
178 849.48 Gambling or gaming advertisements; prohibited.—
179 (1) As used in this section, the term "illegal gambling"
180 means any criminal violation of this chapter, chapter 546,
181 chapter 550, or chapter 551 which occurs at any business,
182 establishment, premises, or other location.
183 (2)(a) Except as otherwise specifically authorized by law,
184 a person may not knowingly and intentionally make, publish,
185 disseminate, circulate, or place before the public, or cause,
186 directly or indirectly, to be made, published, disseminated,
187 circulated, or placed before the public in this state, in any
188 manner, whether in person or by the use, at least in part, of
189 the Internet, any advertisement, circular, bill, poster,
190 pamphlet, list, schedule, announcement, or notice for the
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191 purpose of promoting or facilitating illegal gambling.
192 (b) Except as otherwise specifically authorized by law, a
193 person may not set up any type or plate for any type of
194 advertisement, circular, bill, poster, pamphlet, list, schedule,
195 announcement, or notice when he or she knows or reasonably
196 should know that such material will be used for the purpose of
197 promoting or facilitating illegal gambling.
198 (c) A person who violates this subsection commits:
199 1. For a first offense, a misdemeanor of the first degree,
200 punishable as provided in s. 775.082 or s. 775.083.
201 2. For a second or subsequent offense, a felony of the
202 third degree, punishable as provided in s. 775.082, s. 775.083,
203 or s. 775.084.
204 (3) This section does not prohibit the printing or
205 producing of any advertisement, circular, bill, poster,
206 pamphlet, list, schedule, announcement, or notice to be used for
207 the purpose of promoting or facilitating gambling conducted in
208 any other state or nation, outside of this state, where such
209 gambling is not prohibited.
210
211
212 -----------------------------------------------------
213 T I T L E A M E N D M E N T
214 Remove line 44 and insert:
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215 penalties; amending s. 546.10, F.S.; authorizing
216 certain organizations to petition the commission
217 before purchasing, installing, or operating a game or
218 machine on their premises before petitioning for and
219 being issued a specified declaratory statement from
220 the commission if the organizations are unsure if such
221 game or machine is an amusement machine; prohibiting
222 such organizations from purchasing or installing a
223 game or machine until an outstanding declaratory
224 statement is issued; prohibiting such organizations
225 from seeking a declaratory statement if the game or
226 machine in question is the subject of a criminal
227 investigation; requiring the commission to issue a
228 declaratory statement within a specified timeframe;
229 prohibiting the commission from denying a petition if
230 it was validly requested; specifying the information
231 that must be included in a request for a declaratory
232 statement; providing that the declaratory statement is
233 valid only for the game or machine for which it is
234 requested; providing that the declaratory statement is
235 invalid if the specifications for the game or machine
236 have been changed; providing that the declaratory
237 statement is binding on the commission and may be
238 introduced as evidence in subsequent proceedings;
239 providing construction; amending s. 550.0951, F.S.;
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240 removing a requirement for live racing for purposes of
241 certain taxes; amending s. 849.08, F.S.; defining the
242 terms "Internet gambling" and "Internet sports
243 wagering"; prohibiting Internet gambling and Internet
244 sports wagering and related offenses; providing
245 criminal penalties; providing an exception; amending
246 s. 849.11, F.S.; prohibiting certain offenses relating
247 to games of chance involving the Internet; providing
248 criminal penalties; creating s. 849.48, F.S.; defining
249 the term "illegal gambling"; prohibiting specified
250 gambling or gaming advertisements; providing criminal
251 penalties; providing construction; repealing s.
252 849.142, F.S., relating to
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