Software Systems

Pull Tabs

Statute 849.0931 Summary
Pull tabs are by far the most compliant game available in the state of Florida. Written into the bingo statutes, and the omission of any restrictions for electronic minders written in allows us flexibility when supplying our customers with the best possible product. Our pull tab system is fully compliant with the state of Florida and is currently being used in multiple locations.

Florida Statute 849.0931 defines instant bingo as "a form of bingo that is played at the same location as bingo, using tickets by which a player wins a prize by opening and removing a cover from the ticket to reveal a set of numbers, letters, objects, or patterns, some of which have been designated in advance as prize winners." Further instruction as to the operation of instant bingo tickets can be found in Section 13 of Florida Statute 849.0931. To see a breakdown of the statute and application to our system, please download our compliance review PDF here.

To read more about the bingo statutes, navigate to the official Florida website at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0849/Sections/0849.0931.html.

Case Law
Ft Myers VFW vs STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Court Document | Summary

Rowe v. County of Duval, 975 So.2d 526 (1st DCA, 2008)
Court Document | Summary

Raffles

Statute 849.0935 Summary
Raffles are a great way to raise money for your organization, however we have decided not to create software for them as it would be incredibly difficult to make it compliant. Looking at the florida statutes for raffles, 849.0935 we can see that the state has very direct rules on how raffles can be run.

(a)“Drawing by chance,” “drawing,” or “raffle” means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing” does not include those enterprises, commonly known as “game promotions,” as defined by s. 849.094, “matching,” “instant winner,” or “preselected sweepstakes,” which involve the distribution of winning numbers, previously designated as such, to the public.

An instant winner is mentioned directly as NOT something that constitutes a “drawing”. This means that the software/game can not award a winner before the raffle is over. Our view is that any raffle system that also allows the player to win instantly is not compliant with the law. The raffle must post the rules, as well as the date/time the drawing will take place and at that time release the winnings to the participants.

Amusement Machines (Slots & Skill Games)

Statute 546.10 Summary

The proliferation of amusement machines, essentially slot machines under the guise of an "amusement machine" is incredibly concerning. These systems are sold to customers as legal, because there is a valid way to purchase an amusement certificate from the state and pay a sales tax. However, just reading a few lines into 546.10 (Family Amusement Games Act) makes it pretty clear that this was not written to allow slot machines in the general public.

(a) “Amusement game or machine” means a game or machine operated only for the bona fide entertainment of the general public which a person activates by inserting or using currency or a coin, card, coupon, slug, token, or similar device, and, by the application of skill, with no material element of chance inherent in the game or machine, the person playing or operating the game or machine controls the outcome of the game.

Firstly, the game must be operated for the bona fide entertainment of the general public. This means that the game must be open to the general public, not just members of a club or organization. This immediately closes any discussion that you can operate an amusement machine only for private members.
Secondly, it states there must be skill involved, and not be subject to any randomness or chance. Slot machines are entirely random and based on chance. Every time a player presses the button, the they are subject to the chance of winning or losing. This is not a game of skill, it is a game of chance. Betting on an outcome of skill is also illegal, as stated in 849.14 

It also does not include:
1. Any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.
2. A game in which the player does not control the outcome of the game through skill or a game where the outcome is determined by factors not visible, known, or predictable to the player.
3. A video poker game or any other game or machine that may be construed as a gambling device under the laws of this state.
4. Any game or device defined as a gambling device in 15 U.S.C. s. 1171, unless excluded under 15 U.S.C. s. 1178.

Any depiction of a slot machine can not be used as an "amusement machine". This also includes poker, bingo, pull-tab, lotto, roulette, or craps. This means that any game that has a slot machine, or any of the other games listed above, is not an amusement machine. The only legal gambling allowed in Florida is through sanctioned casinos and bingo, and must follow the statutes for those games.

Reading further, you will see that the prize must be for merchandise available on site. Cash is not a valid prize for an amusement machine. This means that any machine that awards cash is not an amusement machine and is operating illegally.

There is also no validity to the premise that charitable organizations and veteran organizations are exempt from these laws. This is evident in media releases from the Florida Gaming Control Commission (see links below).

Further reading:
Tallahassee Democrat - Leon County deputies, state officials warn 6 Tallahassee operations of illegal gambling
Legal Slot Locations
Florida Division of Gaming Enforcement puts local casinos on notice (Charlotte County)
Adult arcades in Palm Beach County raided for illegal gambling
FGCC FAQ Page
Florida Sheriffs Association Podcast - Episode 84
Manatee County Sheriff's Office Gambling Investigation
More than 100 arcades could be operating illegally in Southwest Florida
Patrons arrested during arcade raid had 'no idea' gambling illegal