HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00412 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK
SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ADOPT
LEGISLATION FURTHER CLARIFYING THAT VIDEO GAMING MACHINES ARE
STRICTLY PROHIBITED IN THE STATE OF FLORIDA; FURTHER DIRECTING THE
CITY MANAGER TO ENFORCE THE EXISTING PROHIBITION AGAINST VIDEO
GAMING MACHINES AS STATED HEREIN; DIRECTING THE CITY CLERK TO
TRANSMITA COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS
STATED HEREIN.
WHEREAS, Section 849.15 of the Florida Statutes prohibits the commercial operation of "any
slot machine or device, pursuant to which the user thereof, as a result of any element of chance, or
other outcome unpredictable to him or her, may become entitled to receive any money, credit,
allowance, or thing of value or additional chance or right to use such machine or device"; and
WHEREAS, every appellate court that has examined said Section 849.15, has held that the
section prohibits the commercial operation of video gaming machines because these machines
contain "an inherent element of chance"; and
WHEREAS, pursuant to Ordinance No. 13213, adopted October 14, 2010, the City
Commission amended Chapter 12 of the Code of the City of Miami, Florida, as amended, to prohibit
the issuance of Business Tax Receipts for machines that "simulate a slot machine, casino card game,
or any electronic casino game" if such machines reward players with money, credits, or additional
chances to use the machine; and
WHEREAS, the City of Miami ("City") has not issued a single Business Tax Receipt for a video
gaming machine since October, 2010, making every video gaming machine in the City illegal and
subject to immediate confiscation; and
WHEREAS, on October 26, 2010, the City of Miami Police Department announced the
confiscation of hundreds of illegal video gaming machines as part of an enforcement effort dubbed
"Operation Lucky 7s"; and
WHEREAS, in June, 2011, the Office of the City Attorney retained a gaming machine expert to
analyze the legality of ninety seven (97) machines seized during "Operation Lucky 7s," and said expert
produced a fifty (50) page report in which he concluded that every seized machine constituted an
illegal gambling device; and
WHEREAS, the Florida Legislature is presently considering legislation sponsored by
Representative Carlos Trujillo that further clarifies that video gaming machines are strictly prohibited in
the State of Florida; and
WHEREAS, video gaming machines, which have been linked to organized crime, destroy
Ciry of Miami
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File Number. 13-00412
neighborhoods and prey on low-income seniors and families;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges Governor Rick Scott and the members of the
Florida Legislature to adopt legislation further clarifying that video gaming machines are strictly
prohibited in the State of Florida.
Section 3. The City Manager is directed to enforce the existing prohibition against video
gaming machines and to develop and implement a plan to identify and confiscate all illegal video
gaming machines in the City, and to provide a status report to the City Commission within thirty (30)
days of the enactment of this Resolution.
Section 4. The City Clerk is directed to transmit a copy of this Resolution to Governor Scott,
and the members of the Florida Legislature.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of File Id: 13-00412 (Version: 1) Printed On: 3/27/2013