NEW PORT RICHEY, Fla. - When the Pinellas County Sheriff’s Office raided and shut down three internet sweepstakes cafes in July -- yet made no arrests -- they admitted Florida’s law about the cases is murky.
“That’s kind of the issue,” said sheriff’s office spokesperson Marianne Pasha. “We’re working with a state issue that’s not exactly black and white. There’s a lot of gray.”
Gambling is clearly illegal, except in certain specific situations, under Florida law. But Chapter 849, Florida Statutes, does not specify whether purchasing time on a computer and then playing a casino-style game for cash prizes on that computer is technically gambling.
Because of that, some law enforcement agencies across Florida are enforcing gambling laws against the cafes; others are not.
Sen. Mike Fasano (R-New Port Richey) agrees the law is ambiguous. “That puts law enforcement in an awkward position, and it’s up to the legislature what direction to go,” Fasano said.
During the last legislative session, Fasano tried to pass a bill which would have allowed internet sweepstakes cafes to continue to operate, but to also be regulated by the state.
The bill ultimately did not pass for a number of reasons, including the fact that the sponsor in the House of Representatives, Rep. Peter Nehr (R-Palm Harbor), decided at the last minute not to file the bill, Fasano said.
What Fasano said he did know at the time is that Rep. Nehr owned an internet sweepstakes café in Pinellas County. Nehr has since sold the cafe, but has told the St. Pete Times that he believes internet sweepstakes cafes are legal.
Rep. Nehr did not return phone calls on either Thursday or Friday.
A spokesperson for Florida Attorney General Pam Bondi did respond to a request asking for clarification of the state law, directing ABC Action News to an opinion from former Florida Attorney General Bill McCollum.
The opinion summary states “the ultimate determination of whether Florida’s gambling laws may have been violated must be made by local law enforcement agencies.”
The opinion does not add clarity to the state law, which is why Fasano plans to introduce his bill again during the next legislative session.
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