Sports Gambling Bill Florida
State Sen. Jeff Brandes (R-FL) introduced a package of sports betting legislation on Monday, marking his second such attempt on the matter in just over a year.
Brandes pre-filed three bills — Senate Bill 392 (SB 392), SB 394 and SB 396 — for Florida’s 2021 legislative session, which commences in March. Similar legislation was pitched by the state senator in late 2019, but didn’t see the light of day in the 2020 session because this was an election year and lawmakers were reluctant to take up potentially contentious issues.
SB 392 outlines who is and isn’t elgibile to particpate in sports betting in the Sunshine State, licensing requirements and fees, the role of the Department of Lottery and other matters.
Authorizing certain persons to place wagers on a sports event under certain circumstances; providing duties and responsibilities of the Department of the Lottery relating to sports pools; authorizing persons to apply to the department for a license to operate a sports pool; authorizing a licensee to have certain websites and applications under certain circumstances; requiring the department and licensees to adopt certain procedures to prevent certain persons from wagering; providing for the disbursement of unclaimed winnings, etc.,” according to a portion of the bill.
New Florida Sports Betting Proposal: 2021 Legalization Hopes Emerge The bills that were filed are SB 392, SB 394, and SB 396, and these bills together would grant sports betting in the state and give the Florida Lottery the regulatory power to oversee all legal sports betting. It may be the ultimate legislative session wild card, but House and Senate leaders confirmed Monday they are engaged in an effort to reach a deal with the governor that would update Florida’s.
In 2019, State Sen. Wilton Simpson (R-FL), now president of th senate, worked on a bill with the Seminole Tribe of Florida, the state’s dominant tribal gaming operator, that would have allowed for sports wagering at the Seminoles’ casinos and at pari-mutuel establishments, but that legislation didn’t advance.
Debate Could Get Testy
Assuming the Brandes legislation can get to the floor for debate, there are still no guarantees sports betting will come to life in the Sunshine State.
In 2018, voters there overwhelmingly passed the Amendment 3 ballot initiative, putting the matter of casino gaming expansion in voters’ hands. The proposition passed so easily, garnering 71 percent support, that it’s now part of the state constitution. Some experts say that, in Florida, sports betting falls under the definition of casino gaming, meaning the issue can’t be legislated and that voters are the ultimate determiners of whether it happens or not.
Then there’s the potential for commercial and tribal operators to butt heads. While the Seminole Tribe, under the Hard Rock brand, controls Florida’s biggest casinos, commercial entities have some exposure in the state.
For example, Caesars Entertainment operates the Isle Casino, a racino in Pompano Park, and would almost certainly want a piece of the Florida sports wagering pie. Billionaire businessman Phil Ruffin, who controls Treasure Island on the Las Vegas Strip, owns Casino Miami.
Florida: One of the Golden Geese
While regulated sports wagering is proliferating across the country, the sacred cows remains California, Texas and Florida — the three largest states by population.
For its part, the Sunshine State is an alluring market because it’s home to about 21.5 million residents and that tally is growing. Additionally, the state has nine professional franchises across the four major domestic sports and robust offerings for bettors that enjoy local college sports via Florida State, Miami University and the University of Florida as well as a slew of Group of Five schools.
In SB 394, one of Brandes’s companion bills to SB 392, the senator proposes a tax rate of 15 percent on what operators hold after sports betting winnings are paid out to bettors. At that level, Florida matches Illinois and is below the 20 percent levy in Tennessee.
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The latest attempt to legalize Florida sports betting through the lottery has been filed. Now, the countdown starts until the bill all but certainly dies.
Sen. Jeff Brandes filed SB 392, which would authorize sports betting in Florida regulated by the Florida Lottery. He also filed SB 394 and SB 396, which sets the sports betting revenue tax at 15% and license fees at $100,000, respectively.
While many operators would love to jump at the opportunity offer sports betting in Florida, it’s not that simple. Brandes submitted nearly identical legislation last year only to have it die in committee.
It’s not because Brandes’ bill is a bad one. It’s because it doesn’t involve the Seminole Tribe.
Tricky backdrop for Florida sports betting
The Seminoles, owners of the Hard Rock casino corporation, claim they have exclusivity over sports betting in the state.
It’s still up for debate whether that is true or not, though the Seminoles have the Federal Register on their side. There, sports betting is included in the Class III gaming definition.
Disagreements over gaming issues have led the Seminoles to stop honoring their revenue-share agreement. The two sides came together a bit late last year to discuss a broader gambling agreement but nothing came of it.
Florida Sports Gambling Bill
Sen. President Wilton Simpson‘s office told LSR earlier this month the Senate isn’t ready for gambling bills:
“President Simpson believes it is important to look at opportunities to maximize revenue for the State of Florida. Discussions continue regarding what is available to us on the private side and also with the Tribe. At this time, the Senate is not at a point where we are prepared to introduce legislation related to these issues.”
Referendum needed?
On top of the complications with the Seminole Indians, voters approved a constitutional amendment in 2018 that puts them in charge of gaming expansion.
Now, outside of any changes concerning tribal gaming with the Seminoles, voters must approve any expansion of gambling in the state.
Given how hard the Seminole Indians and the Walt Disney Co. have fought against gambling expansion in the past, it seems likely the only path forward for sports betting in the state is through the Seminoles.
Hard Rock expands sports betting business
There’s another reason to think SB 392 is dead on arrival. Hard Rock launched a new digital division for sports betting and iGaming that suggests the company is ready to make a genuine jump into the market.
Will Florida Legalize Sports Gambling
The business division might be new but the people running it are industry veterans from the former Stars Group:
Michigan Sports Gambling Bill
- Rafi Ashkenazi, formerly CEO of Stars, will be the executive chair
- Marlon Goldstein, former chief legal officer and general counsel of Stars, will be CEO
- Matt Primeaux, former Stars senior VP of strategy and operations for the US, will be the president.