Is Online Casino Gambling Legal In Florida

Gaming Laws in Florida. The state of Florida already has multiple laws in place to allow for many types of legal gambling in the state including racing, casinos, and poker. Current Florida House of Representatives leader Dana Young is trying to push through legislation that would bring even more gambling options to the residents of Florida.

A great part of the population in this state, South Florida particularly, is made up of immigrants and retired citizens, both categories prone towards wagering. The first, searching for the life-changing breakthrough, the latter to fill up their time with a dose of excitement. These being said, there is no surprise that gambling in FL has its fair share of supporters. But are they modern enough to insist for access at the latest developments in this field? Is USA online gambling legal in Florida? And when should we expect the first online casino Florida based?

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Contents

Florida Gambling Laws

The question of is online gambling legal in the USA still remains a tough one to answer in a straightforward manner. The legislative jungle this subject crosses makes many potential businessmen consider the hassle might not be worth the risks assumed. The same uncertainty governs federal gambling laws in Florida, as well as individual state legislation.

The state of Florida has had its number of ups and downs and the journey of regulating wagering finalized in what seems to be a monopoly. A situation which has brought in its turn, a lot of controversial decisions on what games are accepted and what is not. There are a lot of grey, undecided areas, as is the case with Florida online casinos, which aren’t specifically stated as being neither illicit nor legal.
The complications had begun since the 1930s, when in just 6 years, lawmakers managed to deem all forms of gambling illegal, then allowing slots machines, finalizing with another complete ban on all types of wagering. This undoubtedly started the dance.

In more recent days, the Seminole Tribe put grounds to a bingo hall in 1979, which turned into a casino along with the Indian Gaming Regulatory Act, going all the way into creating a regular monopoly, hold by this tribe, with its seven casinos that hold them all the rights on organizing banked games and poker, in the majority of places.

Monopoly being instated, different factions wanted to expand other forms of commercial gambling, resulting in many groups of interest putting pressure on lawmakers to get to a final form of gambling laws. This and the lawsuits contesting the Seminole’s monopoly have developed an intricate system of rules and restrictions.

The Letter of the Law – Extracts

The set of laws that creates the legal framework of gambling in FL has a series of definitions whose interpretations are used for establishing what’s legal and what’s not.

Thus, most games that involve an outcome left to chance on any degree are banned. The casinos belonging to the Seminoles are exempt under federal law. There are a couple of horse tracks, which are also allowed to offer some casino-like games, the so-called “racinos”. And finally, a small number of greyhound racetracks, but seeing how they constantly suffered in popularity along the years, they have recently been voted to be closed down, starting 2021.

Games of skill aren’t exempt of the lawful ban, sports betting not being on the right side of law-makers’ acceptance of placing bets. There is however the notable exception of jai-alai, the only sport where wagering is allowed on results.

Following the trend of online gambling laws in the USA, lawmakers have yet to take a categorical stand on the matter, leaving things in the grey area of legally unspecified subjects. Florida online gambling laws don’t mention anything about these sorts of games being legal or not. However, there is a specification about hosting, owning or enabling casinos or other sorts of establishments where wagering is permitted, being out of the law. Therefore, no Internet casino operator is taking a chance of creating such a business Florida-based.

Florida

Any modification in the foreseeable future is hard to believe it’ll occur, on account of the 2018 decision stating that any expansion on the subject of gambling, be it Internet-based or the more classic approach, must be submitted to a statewide vote, in the form of a referendum.

Online Gambling Situation

As stated earlier, the need for online gambling regulations hasn’t been thus far among the priorities of Florida lawmakers. This means that no FL online casinos are going to be based in this state anytime soon. With this bearer of bad news comes the natural query: if you’re a Florida state resident, can you gamble online for real money?

The answer to that is positive. Although the state law mentions a ban on organizing casino-type businesses, this only refers to those who own this type of affair and not to those players who demand this service. Based on this principle, there are some offshore online gambling sites that take advantage of the grey area this law creates and offer their services to FL residents. For example, Bovada casino which is legal in Florida.

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Most of these sites are powered by RTG software, this being one of the few online games providers which don’t frown upon accepting US-based players, we gathered almost all RTG casinos on our website. Also, this is one of the famed software providers, renowned for the large variety of game versions, going from the classical slots or table games, to the lesser known 7 reel slots, progressive jackpots, or some modern days view on poker. Given the enticing bonuses, they give to customers, FL players have nothing to regret on joining one of these secure sites.

There are a couple of warning signs to look out for whenever accessing some of the sites that aren’t specifically mentioned in the reviews here, mainly on the security risks that such an unchecked site poses.

Also, it’s good to know, that most offshore sites apply additional security measures when it comes down to withdrawing money from the online account. They require extra verifications and mostly accept as means of getting a hold of the money only wire transfers or bank checks. Involving an independent bank in these transactions means an additional assurance against falling victim to any sort of fraud.

Offline Gambling

Tribal casinos

As stated in other paragraphs, the Seminole Nation managed to monopolize the gambling domain in this state, by owning all 7 brick and mortar casinos. On top of that, they’ve managed to own a couple of establishments in other states across the country, through their company Hard Rock International. With such an appetite for business and with, no doubt, quite an influence among state’s legislators, the prospect of a Florida online casino to be opened any time soon, seems like a distant dream.

Betting Tracks

These are the only things that keep a full state of monopoly to take place, seeing how betting is allowed here, on the races, as well as pari-mutuel and some can even offer casino-type games. The balance might shift a little after the 2018 decision that all dog races are going to be banned starting 2021. But all 14 establishments that currently host this type of racing will be allowed to offer others kinds of wagering games. Horse races, on the other hand, seem like they’re good to go for a fair amount of time, still being highly popular and piquing interest.

Jai-alai

The only skill-based sport which can be wagered on is the Latino popular jai-alai. The Basque original game is a sport brought-with by Cuban immigrants and the large popularity it holds in Miami especially, convinced regulators to exempt it from the written rules. Perhaps, given this precedent being set and with the proper pressure, Florida online gambling can still be put on the map.

Casino Cruises

One of the popular pass-times, there are a high number of casino cruises, many of them going to the close-by Caribbean Islands or the Bahamas. As for the lack of interest in online gambling Florida has other interesting options, as we can see.

Social Gaming

The closest representative that online gambling Florida has is in the social gaming field. The Seminoles, although disagree with constituting a Florida online casino, did, however, launch two social gaming sites through the Hard Rock International company. So, an openness towards the Internet market exists.

Development in the Field of Gambling

Referendum

The year of 2018 came with a number of decisions on the wagering subject, affecting indirectly the Florida online gambling laws. It has been decided that any legislative modification on the matter of gambling expansion, is bound to pass a referendum, in which people need to express their vote on the matter. So, for the opening of a new online casino, Florida’s population must first embrace the idea.

Dog Races

Is Online Casino Gambling Legal In Florida

The state decided to close down all dog race facilities, on account of their popularity not being what it once was. If popularity is an indicator on what goes and what stays, perhaps there is still a chance for Florida online gambling.

Other changes

The soon to be disaffected dog tracks are going to be provided with the option of operating off-track betting on simulcasting races. After the deadline of 2021, poker clubs can be opened using the same facilities. Hosting slots in Florida’s old dog tracks are going to be permitted starting the same year. Any change towards the expansion of gambling is good news for FL online gambling.

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FAQ
Is betting legal in FL State?

Yes. The tribal casinos offer a wide array of options. Besides these, there are horse racing facilities or bingo halls. Concerning Internet betting, although very few legal online gambling USA sites exist, you can find more than one option on offshore-based online casinos.

Is online gambling legal in Florida?

American online gambling has been in the last couple of years under constant stress, due to ever-changing regulations, many of which scared operators off. Although there are no current Florida online casinos, the offer sustained by websites licensed in other countries with a more relaxed attitude towards the phenomenon is vast and easy to access.

What risks are there when gambling online?

Extra care should be given when betting in online casinos for real money. Unfortunately, gambling on the internet is the subject of many fraudulent attempts. That’s why only accessing sites that have proven to be safe, such as the websites from our list, is of the utmost importance.

Is online sports betting legal in Florida?

This is one of the grey area subjects that are neither specifically illegal, nor are they 100% sure to be permitted. But what is sure to be allowed is betting on those online gambling sites that accept Florida players, mostly being headquartered offshore.

Is online poker legal in Florida?

The same grey area is available here, with the law being subject of many different interpretations. The main idea is that there is nothing holding you back, legally-wise, for playing online poker on those safe and secure sites that allow you to.

What is the minimum legal gambling age in Florida?

18 for pari-mutuel, casinos, lottery tickets, bingo. For poker in Miami, with needing to be 21 elsewhere for playing poker. The legal internet gambling age is the same applied in the player’s state of provenance.

If I win in online casinos can I withdraw my money?

Whenever playing online slots for real cash, for example, the money won contractually belong to you, and the online casinos are obligated to put at your disposal. The only issue is that with the federal laws governing internet gambling the USA, withdrawals aren’t finalized on the spot. They’re usually handled via wire transfers or checks through banks, and these take a couple of days to be processed.

What are the development expectations regarding gambling in FL State?

There is low interest, close to none, for currently regulating online gambling in Florida. But the options provided by other state-based, as well as offshore, Internet casinos are there at Florida’s resident’s disposal.

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?

    Online Gambling Legal 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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