Sports Gambling Legal In Florida

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. Florida law currently does not authorize any form of sports betting and the ruling will now increase pressure on state lawmakers to update the gaming laws.

Gambling is a huge source of income for the state of Florida. Tax revenue
from slot machines alone totaled over $70 million in 2016.

But not all types of gambling are legal in Florida.

Online Florida gambling sites, roulette, craps, daily fantasy sports and some
other games are illegal in Florida.

This page covers all these topics, and more.

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Online Gambling and Florida Law

Is Online Gambling Legal in Florida?

No written laws pertain specifically to online gambling in Florida. There’s
not a clear answer to this question, but our best guess is that online gambling
is illegal in Florida.

Section 849.08 of the Florida Statutes says this about gambling:

“Whoever plays or engages in any game at cards, keno, roulette, faro or other
game of chance, at any place, by any device whatever, for money or other thing
of value, shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.”

Thus, playing any game of chance online is illegal.

Most people now consider poker a game of skill. You might think that this
would make poker legal in Florida. You’d be wrong, though.

Section 849.14 covers games of skill.

Here’s what it says:

“Whoever stakes, bets or wagers any money or other thing of value upon the
result of any trial or contest of skill, speed or power or endurance of human or
beast, or whoever receives in any manner whatsoever any money or other thing of
value staked, bet or wagered, or offered for the purpose of being staked, bet or
wagered, by or for any other person upon any such result, or whoever knowingly
becomes the custodian or depositary of any money or other thing of value so
staked, bet, or wagered upon any such result, or whoever aids, or assists, or
abets in any manner in any of such acts all of which are hereby forbidden, shall
be guilty of a misdemeanor of the second degree”

Based on this, games of skill like poker are also illegal.

This section of the Florida Statutes doesn’t reference devices like
computers, but that doesn’t mean it doesn’t apply.

Can I Get Arrested for Gambling Online in Florida?

Online gambling is illegal in Florida. Our advice is to obey the law no
matter where you live.

This does not, however, prevent us from discussing levels of risk involved
with various activities.

No one has ever been arrested or prosecuted for playing online casino games
at Florida gambling sites. The only arrests we know of related to online
gambling were in Oklahoma, and these were related to online sports betting.

Risk levels for players are consistently low. We recommend several offshore
gaming companies who would probably be thrilled to serve customers in Florida.

There’s a legal risk, but it’s small.

Are Daily Fantasy Sports Legal in Florida?

No, daily fantasy sports are not yet legal in Florida.

In 2015, a state senator and representative started a campaign to legalize
daily fantasy sports.

It hasn’t gotten far, but heavy pushes to legalize daily fantasy sports in
Florida are still happening. We wouldn’t be surprised to see it legalized in the
future.

Are Offshore Gambling Sites Safe?

The key to finding safe offshore gambling sites is research. We offer several
recommendations on our site based on our own research, but you should do your
own due diligence, too.

You should research how long the site has been in business and where they’re
licensed.

To keep a business open, you need a steady stream of customers. Finding a
site that has been in business for a considerable length of time means they’re
liked enough to have repeat customers.

You should consider where a site is licensed since different jurisdictions
have different standards. You should look for sites that are licensed in
jurisdictions with stricter regulations, such as the United Kingdom.

Think about the following, too:

How Do I Choose a Good Online Gaming Site?

• Game Variety

What kind of casino games do you want to play? Not all online
casinos offer all casino games. Some players prefer live dealer action, while
others are only interested in having a wide variety of slot machines to choose
from. It’s dumb to sign up for an online casino that only offers slots if you’re
interested in playing card games.

• Tournaments

If you’re interested in tournaments, be sure to check out the
sites tournament section. This is where you can find information like the type
of tournaments they hold, the qualifications for each tournament and the
tournament schedule. Not all online casinos offer tournaments.

• Bonus Terms & Conditions

Almost all online gaming sites offer sign-up
bonuses. Read the conditions of the bonus. You need to know how much you must
wager and what other qualifications you must meet in order to get the bonus.

• Read Reviews

Reading reviews from the members of the site is the tried and
true way to get uncensored information. Everything you read on the site that’s
written by them is simply advertising to you in order to get you to sign up.
Learn how to distinguish between real reviews and those written by shills.

Look for pages that review both the pros and cons of the site from online
gamblers like you.

• Customer Complaints

Try doing an internet search with the name of the site
and the word “complaint.” You might be able to find some complaints or issues
with the site posted various places around the internet along with how the site
handled the complaint. Keep in mind, too, that not all player complaints are
legitimate. Read everything with a grain of salt and a certain amount of
cynicism.

• Deposit Options

Visit the cashier’s page on each site to find the deposit
options available. If they don’t have an option you’re familiar with or
comfortable using, there’s no reason to sign up for the site.

• Contact Customer Service

The point of contacting customer service is to see
their level of professionalism and to see how quickly they get back with you.
Even if you don’t have a real question, send them a simple question. For
example, ask how long it takes to get your funds when you transfer your winnings
to your bank.

You can tell a lot about a company’s customer service by how they respond to
a question from a potential customer.

• Restricted States

Some offshore gambling sites have a restricted list of
states they can’t service. It’s important to check if your state is on this list
or not. You theoretically could end up signing up for the site and winning some
money, but they won’t legally be allowed to pay it to you.

Many of the offshore casinos we recommend on this site are happy to do
business with customers from Florida. Start your research by reading our
reviews. We think you’ll find them more complete and comprehensive than any
you’ll find on our competitors’ sites.

Also On This Page

Will Florida Legalize Sports Gambling

More Gambling Laws in Florida

• Casino Games (Legal With Restrictions)
• Card Rooms (Pari-Mutuel Only)
• Sports and Race Betting (Pari-Mutuel Betting Legal)
• Lottery (Legal)
• Bingo (Legal)
• Social Gambling (Legal With Restrictions)

Casinos: Legal With Restrictions

Casinos can have card rooms that include poker and dominos. They’re also
allowed to offer other games like slot machines, blackjack and baccarat.

But craps, roulette and keno are illegal in Florida.

According to sections 849.08 and 849.11 games of chance are illegal in
Florida.

Here’s what they say:

“849.08Gambling. – Whoever plays or engages in any game at cards, keno,
roulette, faro or other game of chance, at any place, by any device whatever,
for money or other thing of value, shall be guilty of a misdemeanor of the
second degree

849.11Plays at games of chance by lot. – Whoever sets up, promotes or plays
at any game of chance by lot or with dice, cards, numbers, hazards or any other
gambling device whatever for, or for the disposal of money or other thing of
value or under the pretext of a sale, gift or delivery thereof, or for any
right, share or interest therein, shall be guilty of a misdemeanor of the second
degree”

Card Rooms: Pari-Mutuel Only

According to section 849.086 of the Florida Statutes, card rooms are legal at
casinos and pari-mutuel facilities such as racetracks.

Here’s what it says about card rooms:

“It is the intent of the Legislature to provide additional entertainment
choices for the residents of and visitors to the state, promote tourism in the
state, and provide additional state revenues through the authorization of the
playing of certain games in the state at facilities known as cardrooms which are
to be located at licensed pari-mutuel facilities. To ensure the public
confidence in the integrity of authorized cardroom operations, this act is
designed to strictly regulate the facilities, persons, and procedures related to
cardroom operations. Furthermore, the Legislature finds that authorized games as
herein defined are considered to be pari-mutuel style games and not casino
gaming because the participants play against each other instead of against the
house.”

Here’s what the Florida Statutes says about methods of wagering at card
rooms:

“No wagering may be conducted using money or other negotiable currency. Games
may only be played utilizing a wagering system whereby all players’ money is
first converted by the house to tokens or chips which shall be used for wagering
only at that specific cardroom.”

According to the Department of Business & Professional Regulation website,
only poker and dominoes are allowed in cardrooms.

Here’s what it says:

“Only poker and dominoes are authorized for play within Florida’s licensed
cardrooms. Authorized games are played in a non-banking manner, which
means that the house is not a participant in the game and the players compete
only against each other.”

Sports and Race Betting: Pari-Mutuel Betting Legal

Pari-mutuel betting is legal in Florida on horse races, dog races and other
activities – but only if they take place in a pari-mutuel facility.

According to section 550.155 of the Florida statutes:

“Wagering on the results of a horserace, dograce, or on the scores or points
of a jai alai game and the sale of tickets or other evidences showing an
interest in or a contribution to a pari-mutuel pool are allowed within the
enclosure of any pari-mutuel facility licensed and conducted under this chapter
but are not allowed elsewhere in this state, must be supervised by the division,
and are subject to such reasonable rules that the division prescribes.”

Here’s a question and answer from Department of Business & Professional
Regulation website regarding greyhound betting online:

“Q. The Internet offers wagering on greyhound races in Florida and other
states; is this legal?

A. The Florida Attorney General is of the opinion that this type of activity
is illegal. The only place that pari-mutuel wagering can be carried out in
Florida is at a pari-mutuel wagering track or fronton.”

Lottery: Legal

Florida has a state regulated lottery.

According to the Florida Lottery website:

“The Florida Lottery is responsible for contributing more than $31 billion to
education and sending more than 750,000 students to college through the Bright
Futures Scholarship Program. The Florida Lottery reinvests 98 percent of its
revenue back into Florida’s economy through prize payouts, commissions to more
than 13,000 Florida retailers and transfers to education. Since 1988, Florida
Lottery games have paid more than $52.4 billion in prizes and made more than
1,900 people millionaires”

Games include:

• Powerball
• Mega Millions
• Florida Lotto
• Cash4Life
• Lucky money
• Fantasy 5
• Pick 5
• Pick 4
• Pick 3
• Pick 2
• Millionaire Raffle
• scratch offs that range from $1-$25 games

Bingo: Legal

Bingo for profit at casinos as well as bingo for nonprofit charities are both
legal.

Here’s what section 849.0931 of the Florida statutes has about authorizing
bingo games for nonprofits:

“None of the provisions of this chapter shall be construed to prohibit or
prevent charitable, nonprofit, or veterans’ organizations engaged in charitable,
civic, community, benevolent, religious, or scholastic works or other similar
endeavors, which organizations have been in existence and active for a period of
3 years or more, from conducting bingo games or instant bingo, provided the
entire proceeds derived from the conduct of such games, less actual business
expenses for articles designed for and essential to the operation, conduct, and
playing of bingo or instant bingo, are donated by such organizations to the
endeavors mentioned above. In no case may the net proceeds from the conduct of
such games be used for any other purpose whatsoever. The proceeds derived from
the conduct of bingo games or instant bingo shall not be considered solicitation
of public donations.”

Social Gambling: Legal With Restrictions

According to Section 849.085 of the Florida Statutes, certain games are
allowed at home.

Here’s what it says about these games known as penny-ante games:

” (1) Notwithstanding any other provision of law, it is not a crime for a
person to participate in a game described in this section if such game is
conducted strictly in accordance with this section.

(2) As used in this section:

(a) “Penny-ante game” means a game or series of games of poker, pinochle,
bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of
any player in a single round, hand, or game do not exceed $10 in value.

(b) “Dwelling” means residential premises owned or rented by a participant in
a penny-ante game and occupied by such participant or the common elements or
common areas of a condominium, cooperative, residential subdivision, or mobile
home park of which a participant in a penny-ante game is a unit owner, or the
facilities of an organization which is tax-exempt under s. 501(c)(7) of the
Internal Revenue Code. The term “dwelling” also includes a college dormitory
room or the common recreational area of a college dormitory or a publicly owned
community center owned by a municipality or county.

(3) A penny-ante game is subject to the following restrictions:

(a) The game must be conducted in a dwelling.”

According to the above information, penny-ante games such as poker, rummy,
etc. can take place in a residential area if each hand or round doesn’t go over
$10.

Gambling Venues in Florida

All casinos in Florida, which are listed below, are located on Indian
reservation land.

Games found at these casinos include:

• Texas holdem
• Bingo
• Slot machines
• Blackjack
• Baccarat
• Casino war
• Mississippi stud
• Pai Gow poker
• Spanish 21
• Let it ride
• Three card poker
• Omaha

Card rooms, slot machines and pari-mutuel betting are available at some
racetracks throughout the state that are not listed below.

1) Miccosuke Resort & Gaming

500 SW 177th Ave

Miami, FL 33194

Phone number: (305) 222-4600

2) Seminole Casino Hotel Immokalee

506 S 1st ST

Immokalee, FL 34142

Phone number: (239) 658-1313

3) Seminole Casino Brighton

17735 Reservation Rd

Okeechobee, FL 34974

Phone number: (863) 467-9998

4) Seminole Casino Coconut Creek

4 – 5550 NW 40th St

Coconut Creek, FL 33073

Phone number: (954) 977-6700

5) Seminole Hard Rock Hotel & Casino Hollywood

1 Seminole Way

Fort Lauderdale, FL 33314

Phone number: (866) 502-7529

6) Seminole Hard Rock Hotel & Casino Tampa

5223 Orient Rd

Tampa, FL 33610

Phone number: (813) 627-7625

7) Seminole Classic Casino Hollywood

4150 N State Rd 7

Hollywood, FL 33021

Phone number: (954) 961-3220

History of Gambling in Florida

1935

Slot machines and jai alai games are legalized.

1937

Florida repeals the one-armed bandit’s slot machines only two years after they’re legalized.

1979

The Seminole Tribe opens Florida’s first high-stakes Indian bingo hall where bingo jackpots are over $100.

1984

“Cruises to nowhere” are simulcasting are introduced.

1994

Seminole casinos introduce poker to their game floors.

1996

Card rooms are legalized at pari-mutuel facilities.

2000

Officials seize more than 350 illegal video slot machines that are found in west-central Florida countries.

2004

Tracks and jai alai frontons in Broward and Miami-Dade counties are approved to have slot machines. The Seminole tribe opens two new locations in Tampa and Hollywood called Seminole Hard Rock Hotel & Casino.

2007

The Governor signs an agreement that allows Las Vegas-style slots, baccarat, and blackjack games to be held at the 7 Seminoles tribal casinos. The legislature approves domino games, instant bingo, and regulated poker tournaments to be held in card rooms. They also raise bet limits from $2 to $5 and allow increased hours for slot machine operators.

2009

No-limit 24 hour a day poker games and video lottery terminals are approved at dog and horse tracks by the legislature.

2013

Internet cafes used as fronts for gambling games are banned.

Additional Resources

This link takes you to a list of the current pari-mutuel wagering
establishments that hold an operating license for the 2017-2018 year.

This link takes you to the Florida lottery websites information page.

The Future & Your Views

Florida tribal casinos offer bingo, poker, blackjack and several other casino
games for residents to enjoy.

If you want to play roulette or craps, you’ll have to take a cruise ship that
heads to international waters or visit another state.

The only change to Florida gambling laws we see happening soon is daily
fantasy sports. There has been a push to legalize it recently.

Legalizing Florida gambling sites could be in the future, but there hasn’t
been much of a push for it.

Florida law enforcement hasn’t arrested anyone for gambling online, so it’s a
low-risk activity. Only you can decide what your risk tolerance is. Our advice
is to obey the law.

Is Online Sports Gambling Legal In Florida

If you decide you’re okay with the risk, consider playing at one of the
Florida gambling sites we’ve researched and vetted here.

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 Sports Gambling Illegal 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.

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.

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.

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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