CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 WL 4597502
...The *228 Legislature may tax slot machine revenues, and any such taxes must supplement public education funding statewide. In 2005, voters in Broward County approved slot machines pursuant to a countywide referendum. That same year, the Legislature enacted chapter 551, Florida Statutes. Section 551.101, entitled “Slot machine gaming authorized,” mirrored the language of Article X, section 23....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The *228 Legislature may tax slot machine revenues, and any such taxes must supplement public education funding statewide. In 2005, voters in Broward County approved slot machines pursuant to a county-wide referendum. That same year, the Legislature enacted chapter 551, Florida Statutes. Section 551.101, entitled "Slot machine gaming authorized," mirrored the language of Article X, section 23....
CopyPublished | Florida 1st District Court of Appeal
...lature in 2005 enacted Chapter
551, Florida Statutes, entitled “Slot Machines”, which laid out the authority for slot
machines in Miami-Dade and Broward Counties and the manner in which they
would be regulated. As to authority, the statute in section 551.101, entitled “Slot
machine gaming authorized,” stated—and still states today—as follows:
Any licensed pari-mutuel facility located in Miami-Dade County or
Broward County existing at the time of adoption of s....
...11
in slot machine gaming at a pari-mutuel facility licensed to possess
[slot machines] and conduct slot machine gaming or to participate in
slot machine gaming described in this chapter.
§ 551.101, Fla....
...slot
referenda. Keep in mind that no statutes exist that provide authorization for slot
machine approval via county referenda other than those passed to effectuate
referenda in Miami-Dade and Broward as constitutionally authorized, see, e.g.,
§§ 551.101 (slot machines in Miami-Dade and Broward authorized “provided that
a majority of voters in a countywide referendum have approved slot machines at
such facility in the respective county.”) and .104(2) (“An application may be
approv...
...without future “statutory or
constitutional authorization” for such referenda, it assuredly would have amended
a critical portion of the slot machine statute, which is the authorization section,
entitled “Slot machine gaming authorized.” § 551.101, Fla....
...Like Gretna Racing, its eligibility depends on the statutory
amendment, not the constitutional amendment. The Department granted Hialeah
Race Track’s application without a murmur, and it should have treated Gretna
Racing’s application in like fashion.
The Department’s reliance on sections
551.101 and
551.104(2) to deny
Gretna Racing’s application is as unjustified under familiar rules of statutory
construction as it is inconsistent....
CopyPublished | Florida 1st District Court of Appeal
...To effectuate the Slots Amendment, the Legislature in 2005 enacted Chapter . 551, Florida Statutes, entitled “Slot Machines”, which laid out the authority for slot machines in Miami-Dade and Broward Counties and the manner in which they would be regulated. As to authority, the statute in section 551.101, entitled “Slot machine gaming authorized,” stated — and still states today — as follows: Any licensed pari-mutuel facility located in Miami-Dade County, or Broward County existing at the time of adoption of s....
...Notwithstanding any other provision of law, it is not a crime for a person to. participate in slot machine gaming at a pari-mutuel facility licensed to possess [slot machines] and conduct slot machine gaming or to participate in slot machine gaming described in this chapter. § 551.101, Fla....
...cal" slot referenda. Keep in mind that no statutes exist that provide authorization for slot machine approval via county referenda other than those passed to effectuate referenda in Miami-Dade and Broward as constitutionally authorized, see, e.g., §§ 551.101 (slot machines in Miami-Dade and Broward au-....
..., without future “statutory or constitutional authorization” for such referenda, it assuredly would have amended a critical portion of the slot machine statute, which is .the authorization section, entitled “Slot machine gaming authorized.” .§ 551.101, Fla....
