Section 849.085(2)(a), Florida Statutes (1995), defines a "penny-ante game" as "a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value." Section 849.086(8)(b), Florida Statutes (Supp. Prohibition of Tournaments We affirm the administrative law judge’s determination that a tournament in which each player competes to win the most tournament script is a single "game," and is thus prohibited, as the winner could receive more than $10.00 in winnings in violation of Chapter 849. We affirm the order in part, and reverse in part. In this consolidated proceeding, greyhound racing tracks from across the State of Florida appeal from that order of the Division of Administrative Hearings the Division of Pari-Mutuel Wagering cross appeals certain of those rulings. The permit holders challenged certain of those rules following a formal hearing, the Division of Administrative Hearings issued the order now on appeal. 1996), the Division of Pari-Mutuel Wagering published proposed rules to regulate the operation of cardrooms by pari-mutuel wagering permit holders. In August, 1996, pursuant to the legislature’s passage of Chapter 849, Florida Statutes (Supp. Twedt, for respondent.īefore SCHWARTZ, C.J., JORGENSON, and SORONDO, JJ.
Rutledge, Ecenia, Underwood, Purnell & Hoffman and Harold Purnell Becker & Poliakoff, Alan B. 96-3860RPĪn appeal from the Florida Division of Administrative Hearings. “Clearly, electronic monitoring would allow the Division to oversee pot size, and monitor the conduct of players and cardroom employees.” “(T)he legislature gave the Division the authority to adopt rules regarding the operation of cardrooms,” the DCA said. The court also approved of a division rule requiring cardrooms to install electronic surveillance devices to oversee cardroom operations.
Settling a question raised by greyhound track owners from across Florida, the court also said a pari-mutuel facility cannot host a card tournament in which the winner could take home thousands of dollars, and said the authorizing statute clearly establishes a $10 limitation on wagering pots in the legal card games.
The state Division of Pari-Mutuel Wagering does not have the authority to require counties that approve cardrooms at pari-mutuel facilities to do so by ordinance rather than resolution, but the division may adopt rules requiring cardroom employees to complete extensive application forms and meet stringent requirements, the 3rd DCA said.
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