FGCC Review of a Prize Dispute Decision from the Seminole Tribal Gaming Commission
If you disputed an award of a prize with the Seminole Tribal Gaming Commission (the "Tribal Commission") and would like the Florida Gaming Control Commission ("FGCC") to review the Tribal Commission's decision on the dispute, you must follow the procedures set forth in Rule 75-15.002 of the Florida Administrative Code and the Memorandum of Agreement between the Seminole Tribal Gaming Commission and the Florida Gaming Control Commission Governing Patron Dispute Procedures.
To be eligible to submit an appeal for FGCC review, you first must have a final decision from the Seminole Tribal Gaming Commission on your prize dispute. If you have not already filed a dispute, disagreement, or grievance with Hard Rock Bet or another gaming operation conducted by the Seminole Tribe of Florida, please contact the Tribal Commission directly. The Tribal Commission's Complaint Form may be found at the following link: https://www.semtribe.com/services/gaming-commission/file-a-complaint.
Summary of the Review Process
File a Notice with the Florida Gaming Control Commission
To file an appeal for FGCC review of your prize dispute, send a notice by U.S. mail, return receipt requested, within thirty (30) days after you receive a final decision from the Tribal Commission to the following address:
Florida Gaming Control Commission
State Compliance Agency
4070 Esplanade Way, Suite 250
Tallahassee, FL 32399
The notice must include:
- The patron’s full legal name;
- the patron’s mailing address;
- a copy of the Tribal Commission’s final decision;
- a brief description of why the patron is seeking review of the Tribal Commission’s decision; and
- a statement of the relief the patron is requesting.
Submit Arguments
Within thirty (30) days of filing the notice of appeal, submit arguments by mail or electronically in support of the relief requested in the notice of appeal. For your arguments(s), you may rely only on (i) evidence that you submitted in your dispute reviewed and decided by the Tribal Commission; (ii) evidence submitted by the Seminole Tribe of Florida to the Tribal Commission in your dispute; or (iii) evidence cited by the Tribal Commission in reviewing your dispute.
After receiving your submission, FGCC will acknowledge receipt and transmit your arguments to the Tribal Commission. The Tribal Commission then will have thirty (30) days to submit arguments to FGCC.
Once FGCC receives the Tribal Commission’s arguments, it will transmit them to you. At that point, you will have fifteen(15) days to submit a reply by mail or electronically. Your reply submission may only address the Tribal Commission’sarguments. Once received, FGCC will transmit a copy of your reply submission to the Tribal Commission.
The Florida Gaming Control Commission's Decision
FGCC will only consider the submissions from you and the Tribal Commission to make a decision. FGCC can only make a decision contrary to the Tribal Commission’s decision if the Tribal Commission’s decision was arbitrary, capricious, or an abuse of discretion.
- Arbitrary means “not supported by logic or the necessary facts.”
- Capricious means “adopted without thought or reason or is irrational.”
- Abuse of discretion means “outside the range of discretion delegated to the Tribal Commission by the Seminole Tribal Gaming Code.”
The maximum award amount cannot be greater than the actual amount of the prize available that is the subject of the dispute.
FGCC will make a binding decision within ninety (90) days of the deadline for the patron to submit a reply or the date of the meeting to review the appeal, whichever is later. The decision will be in writing and contain reasons for the conclusions. You will receive the decision by mail.
Rule 75-15.002 Patron Dispute Process
75-15.002 Patron Dispute Process.
1) An appeal of a decision issued by the Seminole Tribal Gaming Commission in a dispute, disagreement, or other grievance raised by the patron that involves a claim for a prize shall be made in accordance with the process and procedures set forth in the Memorandum of Agreement Between the Seminole Tribal Gaming Commission and the Florida Gaming Control Commission Governing Patron Dispute Procedures, entered into and by the Florida Gaming Control Commission and the Seminole Tribal Gaming Commission effective September 5, 2024, hereby incorporated by reference in this rule (https://www.flrules.org/Gateway/reference.asp?No=Ref-17064) (the “Patron Dispute Process”). A copy of the Patron Dispute Process may be obtained at www.flgaming.gov or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399.
2) The Florida Gaming Control Commission will reject a patron’s request for appeal of a decision issued by the Seminole Tribal Gaming Commission if the request for appeal does not comply with the process set forth in the Patron Dispute Process.
Rulemaking Authority 16.712(2)(a) FS. Law Implemented 16.712(1)(a), (f) FS. History—New 10-29-24.
You can also download the rule text from the Florida Department of State's Administrative Code here: Rule 75-15.002.
Memorandum of Agreement
View the Memorandum of Agreement.
You can also download the Memorandum of Agreement from the Florida Department of State here: Memorandum of Agreement Between the Seminole Tribal Gaming Commission and the Florida Gaming Control Commission Governing Patron Dispute Procedures.
Please review the Memorandum of Agreement for a detailed explanation of the review process. The information provided does not, and is not intended to, constitute legal advice and may not be relied upon as such, nor does it establish any type of attorney-client relationship. To obtain legal advice for any gaming-related matter, please contact an attorney. The Florida Gaming Control Commission does not assume liability for actions taken based on the information provided above.
