I'm working on a ballot initiative for online poker in Florida. Below is my current draft. I can't get this done for real all by myself, so let me know if you have a real interest in working on this with me.
FULL TEXT OF PROPOSED AMENDMENT: BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT:
WHEREAS, Florida has a tradition of regulating the game of poker; WHEREAS, the citizens of Florida currently have access to foreign-based Internet poker without State regulation for consumer protection, underage participation and responsible gaming; WHEREAS, regulated cardrooms in Florida have always been a source of revenue for Florida; NOW, THEREFORE, to provide protections to the people of Florida and revenues for the State of Florida, the citizens of Florida hereby amend Article X of the Florida Constitution to add the following as Section 28:
(a) Internet Poker. The participation in and playing of the game of poker, and the provision of services related to such activity, on the Internet or any similar communication medium by any person within the borders of Florida shall be deemed lawful and not a violation of any law of the State of Florida provided that the player is of the same age required for play at licensed Florida cardrooms; that the Internet poker operator is licensed and regulated to the same standards as licensed Florida cardrooms for consumer protections, underage participation and compulsive gaming; and the player uses for any transfer of money to the Internet poker operator for the playing of the game a financial services provider that is licensed by the State of Florida for such transactions.
(b) Licensing. Internet poker operators that offer services to persons located in Florida pursuant to this section must obtain or already possess a license issued by the State of Florida or by a regulatory body in another jurisdiction that has standards governing licensing probity, honesty and integrity of the games, security and internal accounting controls and dispute resolution. The Florida Department shall be responsible for implementing and monitoring compliance with the provisions of this section including the licensing of Florida Internet poker operators, the recognition of licenses of existing Internet poker operators outside of Florida, and the licensing of financial services providers to provide transactions to and from Internet poker operators.
(c) Regulation. The Florida Department shall devise a set of criteria for licensing and regulation of Florida Internet poker operators and of financial services providers that must have in place procedures for protections against consumer fraud, money laundering or any other illegal use of the financial services; for ensuring money is being transferred only to those Internet poker operators which are in compliance with this section and provide consumer protections, prevent underage participation, and provide protections for those who suffer from compulsive gaming; and for proper reporting of transactions required for Florida and Federal tax purposes. The Florida Department may also grant a license to any licensed Florida cardroom to act as a financial services provider for transactions to and from Internet poker operators pursuant to the same criteria.
(d) Revenues. Any financial services provider issued a license pursuant to this section shall make payment to the State of Florida of 5% of any money transferred to Internet poker operators for the purpose of playing poker made by persons located in Florida at the time of the transfer, up to a maximum of $500 per transaction. This fee cannot be deducted from the amount of the transfer by either the financial services provider or the Internet poker operator, nor can the person making the transfer be assessed any transaction fee for such transfers by the financial service provider or the Internet poker operator. The Florida Department may assess reasonable fees for any license issued under this section to cover expenses incurred for the implementation of and operations under this section.
(e) Players and Limits. The Internet poker operators are not required to restrict players located in Florida from playing with or against players in any other locations. The State of Florida does not impose any restrictions on Internet poker operators as to stakes, betting limits, deposit limits, poker games offered and other similar options to players located in Florida except as part of any program for the protection of those suffering from compulsive gaming.
(f) Taxes. As poker is a zero sum game, gains and losses by playing poker would never be considered taxable income or deductible losses for tax purposes in Florida.
(g) Definitions. For purposes of this section, the following words and terms shall have the stated meanings:
“Poker” means any of various card games in which the players in turn make tactical bets or drop out, the bets forming a pool to be taken either by the sole remaining player or by those remaining players who hold a superior hand according to a standard ranking of hand values for the game.
‘Internet’ means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire, radio or similar methods.
“Internet poker operator” means an Internet site through which a bet or wager is initiated, received, or otherwise made with respect to poker played on the Internet site, whether transmitted by telephone, Internet, satellite, or other wire or wireless communication medium.
“Florida Department” means whichever agency of the government of the State of Florida which is charged with the licensing and regulation of Florida cardrooms.
“Financial services provider” means any entity which has been licensed by any State or is subject to regulation by the Federal Government as a credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local payment network utilized to effect a credit transaction, electronic fund transfer, stored value product transaction, or money transmitting service.
“State” means any State of the United States, the District of Columbia, or any commonwealth, territory, or other possession of the United States.
(h) Legislation. In the next regular legislative session occurring after voter approval of this amendment, the Florida Legislature shall adopt legislation to implement this amendment in a manner consistent with its broad purpose and stated terms, and having an effective date no later than July 1 of the year following voter approval. Such legislation shall include provisions for administrative enforcement; civil penalties for violations of this section; and the requirement and authorization of agency rules for implementation and enforcement.
TITLE: PROTECT FLORIDA CITIZENS WHO PLAY INTERNET POKER.
SUMMARY: To require licensing and regulation of Internet poker for the citizens of Florida which provides consumer protections, prevents underage participation and offers protections for those suffering from compulsive gaming. Also provides the State of Florida with revenues from all deposits made by players located in Florida to Internet poker operators.