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Wager Wars: The State of Sports Gambling in Florida

By Wyatt EdwardsSmith Business Law Fellow J.D. Candidate, Class of 2025

The trajectory of sports gambling in Florida has been marked by a series of legal battles, legislative maneuvers, and operational challenges. Since the overturning of the Professional and Amateur Sports Protection Act (PASPA) in May 2018, Florida has been embroiled in debates and legal proceedings surrounding the expansion of sports betting within the state.[1] This journey began with the passage of Amendment 3 by Florida voters later in 2018, requiring any gambling expansions to receive approval through a statewide ballot initiative.[2] Despite this mandate, Governor Ron DeSantis signed a new, 30-year tribal compact with the Seminole Tribe in May 2021, allowing the tribe to hold gambling activities, including sports betting, on their lands.[3] Under the terms of this compact, the Seminole Tribe was mandated to pay $500 million annually to keep its license.[4]  This essentially gave the Seminole Tribe a 30-year monopoly over the sports gambling industry in Florida.[5] This move set the stage for a complex legal landscape as various stakeholders grappled with the implications of the compact and its conformity with state and federal laws.

Legal challenges and court rulings have played a pivotal role in shaping the current state of sports gambling in Florida. Following the compact, the Seminole Tribe launched their Hard Rock Sportsbook in Florida.[6] The launch of the Seminole Tribe’s Hard Rock Sportsbook in November 2021 marked a significant milestone, offering an “early access launch” of legal sports betting in the state.[7] However, this progress was short-lived as a federal judge invalidated the sports betting compact later that same month, citing violations of both federal and state laws.[8]

Despite setbacks, the landscape shifted again in June 2023 when the U.S. Court of Appeals for the D.C. Circuit reversed a lower-court judgment, and offered a glimmer of hope for the future of sports betting in Florida.[9] Following this ruling, in November 2023, Hard Rock Bet relaunched its sports gambling app with exclusive access to existing customers who had created accounts during the original launch in 2021.[10]

In November 17, 2023, the Supreme Court of Florida unanimously rejected a motion filed by two gaming companies, seeking to shut down the state’s limited version of online sports betting.[11] Following this legal decision, on December 1, 2023, Governor Ron DeSantis, alongside two other lawmakers, dismissed a challenge to Florida’s sports betting operations.[12] Then, on December 5, 2023, Hard Rock Bet made a significant move by reopening its sportsbook app to all Florida bettors, marking a pivotal moment in the state’s sports betting landscape.[13] Hard Rock continues to operate this way today.

As Florida navigates the complexities of sports betting legalization, the industry will continue to face regulatory hurdles and operational challenges. Despite these obstacles, the state’s sports betting proponents remain resilient, buoyed by recent developments and the potential for a thriving market.[14] The history and current state of sports gambling in Florida reflect a delicate balance between regulatory oversight, legal interpretation, and commercial interests, with the path forward likely to be shaped by continued legal proceedings and legislative deliberations.

Sources: 

[1] Jeff Watters, Florida Sports Betting 2024 – is online betting legal?. Covers (2024), https://www.covers.com/betting/usa/florida.

[2] Want to know state of sports betting in Florida? here’s your answers. Tampa Bay Times, https://www.tampabay.com/sports/outdoors/2023/11/21/seminole-tribe-sports-betting-monopoly-hard-rock-desantis/ (last visited Feb 8, 2024).

[3] Olivia Richardson, Seminole tribe to have 30-year monopoly on legal sports betting in Florida Gambling News (2023), https://gamblingindustrynews.com/news/seminole-tribe-30-year-monopoly-legal-sports-betting-florida/.

[4] Id.

[5] Id.

[6] Jeff Watters, Florida Sports Betting 2024 – is online betting legal?. Covers (2024), https://www.covers.com/betting/usa/florida.

[7] Id.

[8] Id.

[9] Id.

[10] Want to know state of sports betting in Florida? here’s your answers. Tampa Bay Times, https://www.tampabay.com/sports/outdoors/2023/11/21/seminole-tribe-sports-betting-monopoly-hard-rock-desantis/ (last visited Feb 8, 2024).

[11] Jeff Watters, Florida Sports Betting 2024 – is online betting legal?. Covers (2024), https://www.covers.com/betting/usa/florida.

[12] Id.

[13] Id.

[14] Want to know state of sports betting in Florida? here’s your answers. Tampa Bay Times, https://www.tampabay.com/sports/outdoors/2023/11/21/seminole-tribe-sports-betting-monopoly-hard-rock-desantis/ (last visited Feb 8, 2024).

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