Florida will legalize sports gambling Things looked dead in Florida after voters approved Amendment 3, which allows Florida residents to exclusively authorize casino gambling within the state. But Wallach says that the amendment would not stop the legislature from authorizing sports gambling. Yes, Bovada Sportsbook can legally accept customers from Florida. Since Bovada is operating legally within the international sports betting industry, they may accept bettors from around the world, including the US and Florida. Residents of the Sunshine State can place bets at Bovada without violating any state or federal gambling laws.

© DAVID SWANSON/Philadelphia Inquirer/TNS Bettors at the sportsbook at SugarHouse Casino in Philadelphia on launch day, Dec. 13, 2018. Florida is pushing to legalize sports betting in 2020.

Picture a future where you settle in with a beer, a ballgame and a bet that can be made legally with the click of a button.

If you’re watching a boring blowout, plug in a wager that the struggling quarterback will toss another interception before the end of the quarter.

The push is on in Florida to legalize sports betting, and a pile of cash is at stake.

State Sen. Jeff Brandes, R-St. Petersburg, says Florida is missing out on much-needed tax revenue by keeping sports betting underground. He cited studies by economists that $150 billion in illegal sports betting takes place nationwide.

“We think it’s time for Florida to take it out of the shadows and into the sunshine,” he said.

Brandes filed a bill that would authorize the Florida Lottery to offer sports betting through self-service kiosks. The state lottery would also offer licenses for businesses to take sports bets through websites and mobile apps. Licensees would split their proceeds 50-50 with the state’s share going to fund scholarships and educational services.

Legalized sports betting is inevitable, but it won’t happen in the near future in Florida, said Bob Jarvis, a law professor at Nova Southeastern University.

Jarvis said he wouldn’t bet on Brandes’ bill finding success in Tallahassee because it ignores the “800-pound gorilla in the room” — the powerful Seminole Tribe of Florida.

“His bill is DOA,” said Jarvis, who teaches classes on gambling law. “A longshot comes through every once in awhile. This bill isn’t getting out of the chute.”

The tribe operates six casinos across the state and wants to control sports betting, he said.

Legalized sports betting also would set off a barrage of lawsuits that would take time to resolve — from whether sports leagues should get a cut of the proceeds to whether the Legislature has the power to offer sports betting through the state lottery, Jarvis said.

Brandes’ bill would allow betting on collegiate and professional sports, as well as Olympic and international contests. Youth and high school sports are omitted. The bill allows in-game betting, and you’d have to be 21 or older to wager.

While Brandes sees a boon for the state, John Sowinski, president of the anti-gambling group No Casinos Florida, sees a nightmare. He said legalized sports betting would turn stadiums into open-air casinos where fans are betting on everything from how many fumbles there will be to how long it will take a singer to finish the national anthem before the game.

Sports would be forever changed by the addictive form of gambling that would be only a click away, Sowinski said.

He doesn’t think the Legislature even has the authority to authorize sports betting.

“It can only be approved by voters through a statewide constitutional initiative,” Sowinski said. “It is a reasonably open and shut matter.”

In 2018, voters approved Amendment 3, which stipulated that any expansion of “casino gambling” can be done only through a citizen-initiated constitutional amendment.

Sowinski said that means voters would have to approve sports betting in the ballot box. Brandes, though, has a different interpretation and thinks sports betting could be authorized by the Legislature and wouldn’t require voter approval.

That amendment, plus the Florida House’s historic opposition to gambling bills, could put a stop to Brandes’ efforts. His bill does not have a companion piece of legislation in the House.

Earlier this year, the Seminole Tribe quit a longstanding revenue-sharing agreement it had with the state, which granted the tribe exclusivity on lucrative blackjack and other banked card games at its casinos.

The Seminoles say the state has failed to enforce that exclusivity, and the tribe started withholding its roughly $350 million annual payments earlier this year. As a new deal is being negotiated, the tribe has expressed an interest in sports betting.

The U.S. Supreme Court paved the way for states to legalize sports betting in a 2018 decision. Nineteen states have legalized sports wagering.

But sports betting is still off limits in the three most populous states — California, Texas and Florida. In New York, sports betting is allowed only at upstate casinos.

Jarvis said he expects it will take time to hash out the framework on legalized sports betting, but it will happen.

“There is so much money at stake,” he said. “Everyone wants sports betting. The public wants sports beating. The leagues want sports betting because there is new revenue. The government wants sports betting because of the tax revenue.”

And even sports-betting opponents could be swayed by putting bookies and organized crime out of business, Jarvis said.

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©2019 Sun Sentinel (Fort Lauderdale, Fla.)

Visit the Sun Sentinel (Fort Lauderdale, Fla.) at www.sun-sentinel.com

Distributed by Tribune Content Agency, LLC.

Florida state law has yet to change to accommodate widespread legalization of online gambling as it has in many other states. Not only has there been little movement towards legalizing online sports betting in Florida, but existing state law is not favorable for any type of online gambling. While there has been legislation that would legalize online poker has been discussed, there is little visibility as to whether and when any legislation would pass. Currently, the forces in Florida are arrayed against online gambling.

Florida Sports Betting Questions & Answers

Will sports betting be legal in Florida?

Is FanDuel sports betting legal in Florida?

Is DraftKings sports betting legal in Florida?

What is the tax rate on online lottery winnings in Florida?

What is the tax rate on sports betting in Florida?

Do Indian Tribes control betting in Florida?

Frequently Asked Questions

Will sports betting be legal in Florida?

The timeline for sports betting in Florida depends on who you talk to. Like California, the tribal casino regulations may prove a stumbling block. Most insist sports betting will overcome these hurdles. One option being discussed is to have online sportsbooks available through these tribal casino locations in 2020.

Is FanDuel sports betting legal in Florida?

FanDuel is watching the progress of legislation in the Florida legislation very closely. Like other sportsbook apps that seek to be a part of a potentially lucrative Florida betting market, FanDuel hopes to be legal when partnerships are offered with tribal casinos.

Is DraftKings sports betting legal in Florida?

DraftKings is not one of the legal sports betting options in Florida. In fact, until legislators address the concerns of the state’s tribal casino industry, there are no legal sports betting options written into Florida law for anyone inside the state’s borders.

What is the tax rate on online lottery winnings in Florida?

Like Texas, Florida is one of the six states in the country that does not assess an income tax. There is no official tax amount on any type of lottery winnings in Florida. However, all winnings above $5,000, online or retail, must be reported as income to the IRS.

What is the tax rate on sports betting in Florida?

There is a proposed tax rate for Florida sports betting of 15 percent. This would be administered as an excise tax on the total sportsbook handle. Sports betting by individuals is still illegal in the state. Winnings from outside sports bets would be taxed at the 24 percent federal amount.

Legalized Sports Gambling In Florida Today

Do Indian Tribes control betting in Florida?

Similar to the situation in California, the Native American Casinos have a stranglehold on the gambling industry in Florida. Many lawmakers envision a similar struggle when any debate reaches the floor in Tallahassee on how the sports betting landscape will unfold in the Sunshine State.

Gambling in the Sunshine State in 2020

Currently, Florida has laws and regulations in place that allow casinos and horse race gambling. There are casinos throughout the state on Indian reservations as well as horse tracks and parimutuels tracks that gamers can take part in. The Federal Indian Gaming Regulatory Act regulates gaming establishments on Indian reservations as long as those establishments are in compliance with all regulations. Parimutuels betting is also legal in Florida as long as you have a permit.

However, the Sunshine State still has not yet authorized any type of online sports betting besides horse racing and parimutuels, which must be done at the track. While many states are beginning to regulate sports gambling after the Supreme Court gave states the okay to legalize it, Florida has not yet passed any legislation authorizing it. FanDuel and DraftKings currently accept Florida players and allow daily fantasy sports betting. Florida has been extremely popular with these sites during football season as the sport dominates in interest.

Contents

The Next Step for Florida

The biggest obstacle preventing Florida from moving forward with authorizing online and sports gambling throughout the state is the Seminole Tribe. The current agreement in place gives the Seminole Tribe a monopoly on all casino card games, in particular games like Blackjack, Roulette, and Slots. If sports betting and other types of online betting become legal, it’s certain that the Seminole gaming industry would take a hit, and this has been a major concern among legislators throughout the state. Many Floridians flock to these casinos every day where they can earn winnings. But while many sports gambling laws have changed over the last 50 years, Florida has not.

Legalized Sports Gambling In Florida 2019

The Florida legislature will meet in March, and it’s likely that the topic of legalizing sports gambling will come up. If more states continue to pass legislation, Florida will likely follow suit. It just may take some time. The existing compact between the state of Florida and the Seminole Tribe is the biggest hindrance towards moving towards a legal sports gambling system.

Florida is one of the most popular places for sports around the country with three NFL teams, two major league baseball teams, two NBA teams, and two NHL teams. Additionally, college football is even more popular with the Florida Gators, Florida State Seminoles, and Miami Hurricanes leading the way. Sports betting would be extremely popular in the state, and sportsbooks would benefit greatly should regulation be put in place.

We will see what happens in March and if any progress is made on the betting front. Stay tuned, Floridians. Legal gambling is coming; it just may take some time.

Current Landscape in Florida

There are 26 gambling venues that currently operate in Florida. Most of these venues are racetracks, which are currently lobbying for the right to add slot machines at their facilities to enhance revenues. There are eight Native American casinos and two casino boats that pick up passengers and take wagers once the boats are offshore. Some of the Native American casinos offer both slot machines and table games, while others offer slots and video gaming. Simply stated, gambling in Florida is much more limited than it is in the Northeast as commercial casinos, and some forms of games are not permitted in the state. In addition to the casinos, there are live poker rooms as well as a vibrant horse racing industry.

Daily Fantasy Sports

Even DFS is a dicey proposition in Florida. There is a 1991 opinion from the state’s Attorney General stating that certain forms of fantasy sports would likely be illegal under state law. Nevertheless, DraftKings and FanDuel have taken the risk to remain in Florida, notwithstanding the possibility that offering these games could be illegal under Florida law. Yahoo has pulled out of the Florida market for its DFS offerings due to the legal risk. There have been several attempts to legalize DFS in the state, but each has fallen short. The tribal casinos have vigorously fought the legalization of DFS in Florida, claiming that it violates their rights to exclusivity in the Florida gaming market. Since DFS is not explicitly legal in Florida, there are no reports required, and it is difficult to tell the size of the DFS market in Florida. This scenario wouldn’t fly with sports betting. FanDuel Sportsbook, DraftKings Sportsbook nor Pointsbet sportsbook would enter the online sportsbook space without explicitly sports betting laws in place.

Previous Legislative Efforts

Efforts to legalize online gaming in Florida originate in 2011. There was a failed attempt to legalize online poker. The bill would have allowed card room operators to offer intrastate online poker. The bill was offered before Black Friday and was a means to offer consumer protection for gamblers who were betting on the national online poker sites. At the time, the Uniform Internet Gaming Enforcement Act was in effect, but the federal government had yet to crack down on online poker operators. The bill was referred to the subcommittee and was subsequently withdrawn. The bill was reintroduced in 2012 but similarly failed after opposition from the tribal casinos. Multiple efforts to expand gaming in various forms have all ended in failure.

Instead of expanding gaming, in 2013, Florida cut back on gambling in Florida, outlawing internet cafés that offered players the chance to enter contests in exchange for buying online time at the café. Some of these contests included online poker. The language of this legislation was incredibly broad and can be applied to many forms of gambling, increasing the uncertainty for those who offer and play certain games.

Florida law actually makes it illegal for residents to partake in unregulated gambling, such as offshore sports betting. Most state laws put the onus on operators who accept bets, but Florida also outlaws playing poker at an unregulated facility or over an unregulated device. Thus, it would be illegal for Florida residents to play online poker on an offshore platform. However, there have been no efforts to enforce the law against individual players.

November Ballot Initiative

Currently, there are powerful forces arrayed against gaming expansion in Florida. Disney and the Seminole Tribe are allied in lobbying for an amendment to the Florida Constitution that would require voters to approve any expansion of gaming in the state as opposed to the governor and legislature. This has been placed on the ballot for the election this coming November, and the prospects for passage are unclear, although 60 percent of the votes are required for passage. The current Florida Governor, Rick Scott, has long been an opponent of gaming in the state. In addition, the Florida Attorney General Pam Bondi has issued numerous opinions against gambling and remains a steadfast opponent. However, these two state officials are term-limited out of office and will be replaced in January 2019, giving some hope to gambling proponents.

The tribal casinos are very influential in the state, and they will likely have a say in the form that any future gaming expansion would take. The tribe has deep pockets and has not been reticent to expend large amounts of money to advance its interests, as witnessed by its efforts supporting the November ballot initiative. For the tribe, if the anti-gambling forces prevail, it will perpetuate its dominant position in the state’s gambling market. Passage of the amendment may not necessarily end the prospects for gaming expansion in the state since expansion will be subject to the will of the voters. Voters could ultimately choose to expand gaming in Florida, including sports wagering, especially if they see neighboring states expanding gaming.

Legalized Sports Betting In Florida

Future Gambling Prospects

Legalized Sports Gambling In Florida State

Future gambling prospects in Florida are unclear, and the range of outcomes varies widely. In the event that control of the state’s political apparatus changes in November and the legislature retains control over gaming expansion, it could result in a rapid gaming expansion in the state. The complicating issue would be the state’s agreement with the Seminole Tribe, whereby the tribe pays the state roughly $250 million per year for the right to operate in the state. In the event that gaming is expanded, it could jeopardize the money that the state receives. At the same time, the Seminoles could tie up the gaming expansion in the courts as they would file suit to protect what they believe is their exclusive right to offer certain types of gaming in the state.

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