Florida Senate - 2018 CS for SB 374
By the Committee on Regulated Industries; and Senator Young
580-01832-18 2018374c1
1 A bill to be entitled
2 An act relating to fantasy contests; creating s.
3 546.13, F.S.; defining terms; exempting a fantasy
4 contest from certain regulations; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 546.13, Florida Statutes, is created to
10 read:
11 546.13 Fantasy contests and fantasy contest operators.—
12 (1) DEFINITIONS.—As used in this section, the term:
13 (a) “Entry fee” means cash or a cash equivalent that is
14 required to be paid by a participant in order to participate in
15 a fantasy contest.
16 (b) “Fantasy contest” means a fantasy or simulated game or
17 contest in which:
18 1. The value of all prizes and awards offered to winning
19 participants is established and made known to the participants
20 in advance of the contest;
21 2. All winning outcomes reflect the relative knowledge and
22 skill of the participants and are determined predominantly by
23 accumulated statistical results of the performance of
24 individuals, including athletes in the case of sporting events;
25 3. No winning outcome is based on the score, point spread,
26 or any performance or performances of any single actual team or
27 combination of such teams, solely on any single performance of
28 an individual athlete or player in any single actual event, or
29 on the performances of participants in collegiate, high school,
30 or youth sporting events.
31 (c) “Fantasy contest operator” means a person or an entity,
32 including any employee or agent, that offers or conducts a
33 fantasy contest with an entry fee for a cash prize or award and
34 that is not a participant in the fantasy contest.
35 (2) EXEMPTIONS.—The Department of Business and Professional
36 Regulation may not regulate and the offenses established in s.
37 849.01, s. 849.08, s. 849.09, s. 849.11, s. 849.14, and s.
38 849.25 do not include or apply to a fantasy contest operated or
39 conducted by a:
40 (a) Fantasy contest operator.
41 (b) Natural person who is a participant in the fantasy
42 contest, serves as the commissioner of not more than 10 fantasy
43 contests in a calendar year, and distributes all entry fees for
44 the fantasy contest as prizes or awards to the participants in
45 that fantasy contest.
46 Section 2. This act shall take effect October 1, 2018.