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![handle is hein.sag/sagfl0049 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: AGO 2012-01
Date: January 12, 2012
Subject: Slot Machines, county referendum to authorize
Mr. Ken Lawson
Secretary, Florida Department of Business
and Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1000
Dear Mr. Lawson:
As Secretary of the Florida Department of Business and Professional
Regulation (Department) and in light of the responsibilities of the
Department's Division of Pari-mutuel Wagering (Division) to license and
regulate slot machine gaming in Florida, you ask substantially the
following question:
Does the third clause of section 551.102(4), Florida Statutes, referring to
the ability of voters to approve slot machines at a countywide referendum
held pursuant to a statutory or constitutional authorization after the
effective date of this section, permit the Department to grant a slot
machine license to a pari-mutuel facility in a county which holds a
countywide referendum to approve such machines, absent a statutory or
constitutional provision enacted after July 1, 2010, [1] authorizing such
referendum? [2]
In sum:
The Department is not authorized to issue a slot machine license to a pari-
mutuel facility in a county which, pursuant to the third clause of section
551.102(4), Florida Statutes, holds a countywide referendum to approve such
machines, absent a statutory or constitutional provision enacted after July
1, 2010, authorizing such referendum. This conclusion is compelled by the
plain language of the statute, canons of statutory construction, the
statute's legislative history, and consideration of the statute in relation
to the Legislature's contemporaneous ratification of the Seminole gaming
compact. [3 ]
Section 551.104(1), Florida Statutes, provides in pertinent part that the
Division may issue a license to conduct slot machine gaming in the
designated slot machine gaming area of the eligible facility. (e.s.) The
term eligible facility is defined for purposes of your inquiry to mean:](ViewImageLocal?handle=hein.sag/sagfl0049&div=1&collection=&method=preview&ext=.png&size=3)