When Will Florida's Sports Betting Saga End?

California, Florida, and Texas have always been considered the crowned jewels of America's online sports betting community. It defies logic that two of these states are nowhere near to passing the required sports betting legislation. However, one of these three states is much nearer to a sports betting launch than experts might think. That would be Florida.

To be fair, Florida has uniquely been able to avoid having to pass sports betting legislation. Instead, Governor Ron DeSantis and leaders of the state's Seminole Tribe got together and found a way to use the Indian Gaming Regulatory Act of 1988 (IGRA) to their advantage. What they did was sign a new Indian compact in 2021, effectively giving the Seminole Tribe the right to offer retail and mobile sports betting legislation without having to go to voters or Florida's Congress for approval.

The signing of the new compact was necessitated by language that exists in the IGRA. That language allows the state's Indian Tribes to offer retail casino gambling as long as the gambling takes place on Indian land. The new compact was specifically adjusted to include retail sports betting, and mobile sports betting, and casino play.

It's noteworthy that the Seminoles did successfully launch sports betting in November of 2022. Unfortunately, they had to shut down operations within one (1) month due to legal challenges filed by two groups of Florida commercial gambling operators that still want a piece of the sports betting pie. Leading the way with challenges has been West Flagler, a company that owns the Flagler Dog Track and card rooms scattered throughout Florida.

The West Flagler Challenge Story

Initially, West Flagler, through its attorneys, asked the U.S. Department of the Interior (DOI) and a lower court to negate the new compact. They argued that the new compact violated the spirit of the IGRA. The DOI and lower court sided with West Flagler, which is what drove the Seminoles to shut down its sports betting operations after one (1) month.

Seminole leadership took the initial decision to the D.C. Federal Circuit Court on appeal. The Circuit Court stated the DOI got it wrong, effectively putting the new compact back into effect. After West Flagler asked the Circuit Court to stay its ruling to allow time for an appeal to the SCOTUS, the stay request was denied.

Where Things Stand Now

As things stand now, there is nothing standing in the way of the Seminoles taking sports bets through its Hard Rock Cafe Casino. It appears they are still awaiting West Flagler's decision to file the appeal with SCOTUS.

Meanwhile, Floridians are itching to bet on their favorite sports teams. They are being forced to watch from the sidelines while lawyers and courts are deciding their fate as sports bettors.

Given what's on the table in terms of revenue for the Seminoles and tax dollars for the state, it's a good bet that whatever is going to happen is going to happen soon. West Flagler has until December 11, 2023, to file its appeal with the SCOTUS.