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- Seizure and forfeiture of property used in the violation of lottery and gambling statutes. 849.37 Disposition and appraisal of property seized under this chapter.
- Learn which legal online sportsbooks in Florida offer the best betting odds. Profit with sports betting options at Florida legal sports betting sites and learn about upcoming events at legal online sportsbooks accepting Florida residents.
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. Online Gambling in Florida. Florida legislators haven’t moved to legalize online gambling yet, although this may change soon. The local gambling industry has experienced steady growth over the past few years, generating over $300 million in annual revenue to the state, giving local politicians have an excellent reason to allow casino operators to expand to the internet. The state of Florida doesn’t regulate online gambling or allow any casinos to operate within state lines. But since the state’s laws don’t mention online gambling at all, it’s technically legal to gamble with offshore-based casino, poker, and sports betting sites.
There have been big changes with regards to gambling regulation in the USA since 2018, when the Supreme Court invalidated a law that had banned sports betting in most states. A number of states have since then legalized and regulated sports betting, at land-based locations and online, and quite a few others, including Florida, are exploring the feasibility of doing so.
A Brief Overview of Gambling in Florida
Gambling has been around in Florida since the time of the Great Depression in 1932. It generates annual revenue of about $2 billion, though that number took a big hit in 2019, falling steeply to $574.65 million. There are 2 commercial casinos, 25 racinos and 8 tribal casinos. The official body responsible for regulating casino gambling in Florida is the Florida Division of Consumer Services.
Legalized gambling avenues in the state of Florida include pari-mutuel betting, a state lottery that ranks 3rd nationally, land-based casino gaming, poker rooms, social gambling and cruise ship gambling. Section 849.08 of state laws doesn’t allow hosting of online casinos. The next section sheds more light on this.
Online Gambling in Florida
The operation of online gambling websites has been deemed illegal in Florida, but there is no law prohibiting people from playing at the online casinos run by overseas operators. And there are quite a few of these around; a number of them have accepted US players despite the passage of the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006.
One of the strongest advocates of a continued ban on online casino gambling in Florida is Ricky Scott, the Governor of the State. To many it may come as a surprise, given that one of the biggest supporters and donors of the governor is billionaire businessman Sheldon Adelson.
Dig a little and one of the reasons for the governor’s dislike of online casinos becomes clear – Sheldon Adelson is a big player in the land-based casino establishment and Founder, Chairman and CEO of the Las Vegas Sands Corporation, which owns a number of reputed casino establishments.
The Need to Regulate Online Gambling Regulation is Right for Florida
Regulating online gambling has always been a better option in the long run than banning it, and this applies to the situation in Florida too. Here are a few reasons why it would be good for Florida.
Prevent the Mushrooming of Illegal Online Gambling Websites
California Gambling Laws
One of the most important issues that regulation addresses is the emergence of illegal online gambling sites. And this is not just theoretical assumption: back in 2018 this was actually an issue that the administration in Jacksonville faced. There were hundreds of internet cafes springing up in strip malls there – many of them operating as adult arcades – of which only 90 had obtained appropriate licensing.
There have been other issues as well: in 2013 the FBI raided 49 internet cafes that were run by a charity based out of St. Augustine, Allied Veterans of the World. The allegations by state prosecutors were serious – they said these cafes functioned as fronts for money laundering and illegal gambling.
Make Swift, Secure and Easy Payments
One of the biggest problems that regulating online casino gambling in Florida would solve is giving you access to multiple secure and reliable payment methods. Depositing money from your bank account directly into your casino account can be tricky currently, given the situation related to gambling regulation here.
The way out would right now is to find an online casino that accepts cryptocurrency or credit cards, or use any of the limited e-wallets that the casinos accept. Regulation would change all this and ensure you are able to make payments swiftly. Until this happens, you can keep playing at US online casinos that miraculously are still able to take deposits and payout winnings!
Access Casinos Powered by the Best Vendors
The overall online gambling landscape in the country is changing and this is reflected by the number of casino software vendors who are slowly making their way back again to the US. This is a major change compared to earlier times when only a few vendors like Real Time Gaming (RTG), Scientific Games and BetSoft Gaming catered to US players.
Big names that are slowly making their way back to the US market include, among others, NetEnt, Playtech, Play ‘N Go and others. A direct impact of more vendors entering the Florida market will be on the number of games available to players. Currently, the casinos you get to play offer about 300 games at the most – that is the maximum number of games from RTG and the other vendors around.
Once the remaining vendors enter the Florida market subsequent to the regulation of gambling, they will be able to access all those multivendor casinos with 1000+ games that use white label gaming platforms to give you the best games from multiple vendors at one location.
Get Easy Access to Online and Mobile Sports Betting
Currently, Florida doesn’t allow online and mobile sports betting along with online casino gambling. The only exceptions when it comes to sports betting are Jai Alai betting and gambling on cruise ships. There have been numerous attempts over the years to legalize sports betting in Florida, the latest happening in 2019 with the introduction of the SB 968 bill.
The same is the story with online and mobile casinos as well, as mentioned earlier. We need to add here that while online and mobile casino gambling and sports betting are illegal in the state currently, players do have the option of signing up with sites run by overseas operators. That is a good option to have, but it comes with its own risks.
Banning is not the Solution
One thing is clear: the smart thing to do is legalize and regulate, not ban, online gambling in Florida. The advantages are numerous and the disadvantages nominal. All the casinos will of course need to follow the stringent guidelines laid down regarding responsible gambling and privacy policy.
As of now, all we can do is wait and hope that the regulation process takes off smoothly and is accomplished at the earliest – say by the end of 2020 or early 2021.
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.
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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.
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.
ContentsThe 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.
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
Florida Online Gambling Laws
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.
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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.
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Future Gambling Prospects
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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