Illegal Gambling Florida Statute

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The gambling laws in states change all the time. We want to give you accurate, timely information so that you can make good decisions about Gambling Laws in Florida. Of course, if you have specific questions, you should speak with a professional who is well-versed in gambling law. The constitutional amendment “requires a vote by citizens initiative” for “casino gambling” to be authorized in Florida. “Casino gambling” is defined as “any of the type of games typically found in. 849.36 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. 849.38 Proceedings for forfeiture; notice of seizure and order to show cause. 849.39 Delivery of property to claimant.

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.

    Illegal Gambling Florida StatuteWhat 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.

    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.

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    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.

    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.

    Illegal Gambling Florida Statute

    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.

    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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    Despite Florida’s huge gambling market, customers are limited to just seven tribal casinos and various horse tracks and (now-defunct) dog tracks that operate as card rooms.

    In fact, this latter aspect of the FL gambling industry has caused the state to be in violation of its exclusivity compact with the Seminole Tribe, who had a favorable ruling in federal court that annulled their casino profit-sharing obligations. This has cost the state over $400 million per year since 2019, when the tribe stopped paying. Since then, all expanded gambling measures in FL have hinged on the renewal of that Seminole compact.

    Fortunately, as a bettor or gambler in FL, you don’t have to be stuck in the middle while the state government is a stick in the mud. That’s because you are free to legally gamble anytime – in any market – by visiting legal Florida online casinos.

    Whether you’re a casino player, sports betting fan, or poker player, if you’re looking for high-quality and safe gaming experience, you can get one by visiting any legitimate Florida online gambling site a shot. However, before you consider participating in Internet gambling, we suggest you review the information concerning Florida online gambling laws.

    Below, we address the details of Florida betting law as it pertains to both brick-and-mortar and online gambling. To learn more about all FL laws concerning casinos, sportsbooks, and poker rooms, our short guide has everything under the sun for residents of the Sunshine State.

    Other Florida Gambling Pages

    Where Does Florida Stand On Legal Online Casino Gambling?

    Florida has recently banned “Internet cafes” that were operating as unregulated online casinos, though the state’s view towards online gaming in general doesn’t appear to be antagonistic.

    However, there are significant hurdles due to the fact that FL casino gambling is the exclusive domain of the Seminole and Miccosukee tribal nations. This means that the state cannot unilaterally expand gambling online without the tribes’ involvement and approval. Talks are ongoing, but they are moving at a snail’s pace.

    In the meantime, it is legal for FL residents to gamble online at legitimate offshore casinos. These venues operate outside of US jurisdiction, and there are no FL gambling laws or federal gambling laws that bar access to these destinations. Over an estimated one million FL gamblers already use these sites and have been members at them for over a generation.

    Naturally, FL would like to put itself in a position to bring some of these customers back into the domestic gaming fold, but no iGaming legislation has made its way through the state congress to date.

    That said, the state does appear to be moving towards allowing tribal brick-and-mortar casinos to offer the two casino games they’re currently unable to provide: craps and roulette. While the 2020 legislative session concluded without any such gambling legislation being passed, there is enough momentum that the issue is likely to be revisited in 2021.

    Where Does Florida Stand On Legal Online Sports Betting?

    Bookmaking is a serious offense under Florida law. However, you’re a sports bettor, not a bookie, and there are no laws barring individual FL residents from betting on sports online provided they use a legitimately licensed offshore operator.

    To reiterate: The existing laws surrounding sports betting in FL target bookmakers and not players, and they address unregulated gaming operators specifically.

    Legally licensed and regulated online sports betting is not prohibited as long as those operators are based internationally outside of US jurisdiction. Fortunately, there are several high quality, safe, and legitimate Florida online sportsbooks to choose from.

    As for when Florida will make domestic sports betting legal so that operators in the state can offer betting lines on all the most popular college and pro teams in the region, that remains to be seen.

    Right now, the Seminole Tribe of Florida is exercising its leverage with exclusive gaming rights to prevent commercial sportsbooks from operating in the region. To make any progress on the domestic sports gambling front, the state will likely have to give sports betting exclusivity to the Seminole. And even then, it’s unclear whether or not that would include online sports betting.

    Where Does Florida Stand On Legal Online Poker?

    Online poker is becoming increasingly popular in FL. The Sunshine State does not specifically prohibit online poker at the individual level, but there are laws against online poker operators that are based in the state. Recently, there have been attempts to legalize online poker in FL, though this has gotten nowhere.

    In fact, when the state approved non-house-banked poker at non-tribal FL venues, it violated the Seminole Tribe’s exclusivity compact, and fixing this is now the biggest gambling issue before the FL legislature. Online poker won’t be addressed until long after this issue is resolved.

    Meanwhile, there are a number of legal Florida online poker rooms which operate and are regulated outside of the United States. As long as you’re at least 18 and live in FL, you can use these online poker rooms to play for and win real money.

    We do stress that being selective in choosing the brands to which you will bring your business is paramount in accessing a safe and secure online gambling experience, which is why you need to read our above-linked Florida online poker guide.

    Florida Gambling Laws

    There are a number of Florida gambling laws to be aware of, but the long and short of it is that the following markets are currently legal in a domestic operator capacity:

    • Tribal casino gaming (21+ Class III, 18+ Class II)
    • Horse racing betting (18+)
    • Greyhound betting (18+, expires Dec. 31, 2020)
    • Jai Alai betting (18+)
    • Cardroom poker (age limit varies)
    • State lottery (18+)
    • Charitable gambling (18+)

    If you sign up with an online operator that is based overseas and is regulated and certified to offer gambling opportunities to FL players, you can enjoy all the following markets over the Internet legally and safely:

    • Casino gambling (18+)
    • Sports betting (18+)
    • Online poker (18+)
    • Horse racing betting (18+)
    • Greyhound racing (18+)
    • Online lotteries (18+)

    In addition to FL gambling laws, there are two federal gambling laws to be aware of. The Unlawful Internet Gambling Enforcement Act (UIGEA) places stringent regulatory oversight on how online gambling-related transactions are processed, which is why we recommend Bitcoin gambling for deposits and withdrawals when playing offshore (as the UIGEA can lead to credit/debit card rejections).

    There is also the Federal Wire Act to consider, though this applies only to sports betting and prevents FL residents from having their sports bets accepted by sportsbooks in other states.

    Illegal Gambling Florida Laws

    Neither law prohibits online gambling for FL residents at operators based outside of the United States, so as long as you are playing at an online casino, sportsbook, poker room, racebook, or bingo hall that is legally licensed in its own home country, you are in the clear.

    Illegal Gambling Florida Statutes

    FL Gambling Law Guide Summary

    The online gambling professionals who created this guide consider it critical that FL players have access to accurate and up-to-date information regarding the online gambling laws in Florida.

    Throughout this guide, we only recommend gambling brands which are legally licensed, certified, and regulated by respected and legitimate governing jurisdictions. This is true for the online casinos, Florida online bingo halls, and the poker rooms and sports betting sites we list in this guide.

    To review the official gambling laws for Florida in their original language, you’ll want to visit the Florida State Legislature website, which provides these laws and statutes in their entirety. That source does not provide any legal interpretation of the laws, however. If legal FL gambling advice is what you’re looking for, then contacting an attorney is your best option.

    ***The information on this page is intended to reflect our educated opinions and analyses based on personal experience as industry professionals. It is not intended in any way to serve as legal advice. We are not lawyers and are not qualified to provide professional legal advice in any capacity.