Florida Online Gambling

The State of Florida has a long and complicated relationship with gambling. Florida banned all forms of gambling in 1931. Only four years later, though, the legislature legalized slot machines. This produced a series of bans by Florida county governments, so lawmakers repealed slot machine legalization in 1937. The 1930s set the pattern for a complex legal framework for gambling in Florida.

In 1979, the Seminole Tribe of Indians opened a bingo hall. The 1980s was the decade Native American tribes won the right to host bingo gambling and later casino gambling, as the US Supreme Court recognized their reservations as sovereign territory recognized by treaties with the US federal government. In 1986, the Cabazon v. California landmark case led to the 1988 Indian Gaming Regulatory Act, which gave tribes like the Seminoles the right to open casinos.

In 1987, the state government founded the Florida Lottery. Since then, Florida joined the multi-state lottery associations: Powerball and Mega Millions. And while the Seminoles gained a monopoly over banked games and other forms of gambling, other groups have sought to expand commercial gambling. The result is many lawsuits and lobbying efforts to define the gambling laws in Florida. County governments and pari-mutuel racetracks have challenged the Seminoles’ gaming monopoly, resulting in a complex set of regulations and restrictions.

Best Florida Online Casinos 2019

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Laws That Pertain to Florida Gambling

Those who wish to research Florida gambling laws should pay special attention to the following parts of the Florida Constitution. Title XLVI focuses on criminal law, while Chapter 849 focuses on gaming laws and enforcement. We’ve included key excerpts of the law below.

Florida Constitution: Title XLVI: Chapter 849

• 01: On keeping gambling houses.
• 08: Gambling.
• 086: Cardrooms authorized.
• 09: Lottery prohibited; exceptions.
• 0931: Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations.
• 0935: Charitable, nonprofit organizations; drawings by chance; required disclosures; unlawful acts and practices; penalties.
• 14: Unlawful to bet on result of trial or contest of skill, etc.
• 231: Gambling devices; manufacture, sale, purchase or possession unlawful.
• 25: “Bookmaking” defined; penalties; exceptions.
• 36: Seizure and forfeiture of property used in the violation of lottery and gambling statutes.
• 46: Exercise of police power.

Florida Casino Laws: 849.01 et seq; 550.001, et seq.

Florida bans most forms of casino gambling. Because of the 1988 Indian Gaming Regulatory Act, Native American tribes can host casino gambling on their sovereign reservations if they sign a gaming compact with the state. The Seminole Tribe of Indians therefore holds a virtual monopoly over most forms of casino gambling in the state – though a handful of racinos exist.

Section 849.08

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.

Florida bans wagering on unregulated games of skill. Jai-alai is an exception, but most games of skill remain banned under Florida laws.

Section 849.14

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.

01. Keeping gambling houses, etc.—Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

849.086. Cardrooms authorized.

(2) Definitions. — As used in this section:

“Authorized game” means a game or series of games of poker or dominoes which are played in a nonbanking manner.

“Banking game” means a game in which the house is a participant in the game, taking on players, paying winners, and collecting from losers or in which the cardroom establishes a bank against which participants play.

“Cardroom” means a facility where authorized games are played for money or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such facility. Authorized games and cardrooms do not constitute casino gaming operations.

(7) Conditions for Operating a Cardroom

A cardroom may be operated only at the location specified on the cardroom license issued by the division, and such location may only be the location at which the pari-mutuel permitholder is authorized to conduct pari-mutuel wagering activities pursuant to such permitholder’s valid pari-mutuel permit or as otherwise authorized by law. Cardroom operations may not be allowed beyond the hours provided in paragraph (b) regardless of the number of cardroom licenses issued for permitholders operating at the pari-mutuel facility.

Any cardroom operator may operate a cardroom at the pari-mutuel facility daily throughout the year, if the permitholder meets the requirements under paragraph (5)(b). The cardroom may be open a cumulative amount of 18 hours per day on Monday through Friday and 24 hours per day on Saturday and Sunday and on the holidays specified in s. 110.117(1).

849.0935 Charitable, nonprofit organizations; drawings by chance; required disclosures; unlawful acts and practices; penalties. —

As used in this section, the term:

“Drawing by chance,” “drawing,” or “raffle” means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing” does not include those enterprises, commonly known as “game promotions,” as defined by s. 849.094, “matching,” “instant winner,” or “preselected sweepstakes,” which involve the distribution of winning numbers, previously designated as such, to the public.

849.25 “Bookmaking” defined; penalties; exceptions. —

• (1)(a) The term “bookmaking” means the act of taking or receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever.
• (b) The following factors shall be considered in making a determination that a person has engaged in the offense of bookmaking:
• Taking advantage of betting odds created to produce a profit for the bookmaker or charging a percentage on accepted wagers.
• Placing all or part of accepted wagers with other bookmakers to reduce the chance of financial loss.
• Taking or receiving more than five wagers in any single day.
• Taking or receiving wagers totaling more than $500 in any single day, or more than $1,500 in any single week.
• Engaging in a common scheme with two or more persons to take or receive wagers.
• Taking or receiving wagers on both sides on a contest at the identical point spread.
• Any other factor relevant to establishing that the operating procedures of such person are commercial in nature.

Is Gambling Legal in the State of Florida?

Several types of gambling are legal in the state of Florida, but several other forms are banned. Tribal gaming is the dominant form of gambling online in the state, generating billions of dollars. The Florida Lottery is a major source of revenue, while the state joined the multi-state lottery associations in the past ten years: Mega Millions in 2009 and Powerball in 2013.

Traditionally, Florida has had a large and varied racebook betting industry. Thoroughbred racing and greyhound racing have been top attractions in the state, though dog racing soon will be a thing of the past. Florida has many charitable gaming outlets, jai-alai betting, and dozens of casino cruises. With the longest coastline in the United States and quick access to the Bahamas and the Caribbean nations, casino cruises are a huge attraction.

Florida does not have a regulated online gambling industry, though. Sports betting is banned and likely will continue to be banned. A new law in 2018 assures that no gaming expansion will happen without a statewide vote.

Florida Gambling Laws

Type of Gambling – Offered/Licensed? – Notes & Restrictions

• Online Gambling – No – Florida has no online gambling.
• Land-Based Casinos – Yes – 7 tribal casinos and over a dozen racinos.
• Charitable Gaming – Yes – Bingo. 38 bingo parlors operate.
• Lottery Betting – Yes – The Florida Lottery was founded in 1987. Mega Millions (2009) and Powerball (2013) also are available.
• Minimum Gambling Age – 18 for casinos, lottery, bingo, pari-mutuel bets. For poker, 18 in Miami and 21 elsewhere.

Is Online Poker Legal in Florida?

Online poker is not legal or illegal in Florida. The state legislature has never discussed an online poker or online casino bill. Florida’s state legislature is controlled by the Republican Party at the moment. While South Florida has many out-of-state retirees and international immigrants, it is more liberal. Florida’s Panhandle is a continuation of the deep south, so its gambling laws are more restrictive, much like most southern states.

Online gambling does not appear anywhere close to being passed. Florida online casino gamblers sign up for offshore online casinos, poker sites, and sportsbooks. Florida does has never prosecuted anyone for playing online poker or casino games online, but that does not mean they won’t in the future. Those who register accounts should remember to do due diligence. Research an online gaming site’s licensing, software, and player reviews.

Is Sports Betting / Daily Fantasy Sports Legal in Florida?

Sports betting is illegal in Florida. In May 2018, the US Supreme Court repealed the PASPA federal ban on sports betting in 46 US states, including Florida. That means Florida has the right for the first time in 25 years to legalize bookmaker bets, if its leaders so wish.

Due to a 2018 amendment to the Florida Constitution, the state legislature cannot legalize sports betting without a statewide referendum. For that reason, Florida has less chance of passing pro-sports betting laws than most US states.

What about Florida daily fantasy sports?

Daily fantasy sports are not regulated in the state of Florida. At one time, the state was unfriendly to DFS gaming, because in 2015 a US Attorney based in Tampa threatened to empanel a grand jury to investigate DraftKings and FanDuel. Nothing became of the threat, so FanDuel and DraftKings continue to operate in Florida. Some DFS sites do not. For instance, before Yahoo! pulled the plug on Yahoo Fantasy Sports Daily, it did not sign up Florida players for real money contests.

Does Florida have land-based casinos?

Yes, though all of Florida’s brick-and-mortar casinos are tribal. The Seminole Tribe of Indians owns all 7 land-based casinos in Florida. The Seminoles also own Hard Rock International, which owns casinos in other US states. The Seminoles have a monopoly on most forms of casino gambling in Florida, though a handful of card rooms exist in South Florida.

Under terms of the tribal gaming compact, the Seminoles have a monopoly on banked games and, in most places, on poker. South Florida racetracks have the right to host poker games, but that’s banned anywhere else in the state. The gaming compact is a point of contention in Florida. The Seminoles agreed with departing Gov. Rick Scott’s administration to pay $3 billion in taxes over 7 years in a new gaming compact, but the state legislature blocked passage. The issue remains in doubt, while the Seminoles continue with a gaming compact which ended in 2015.

Amendment 3: Florida 2018 Elections

In the 2018 midterm elections, Floridians passed Amendment 3, which banned the expansion of gambling without a statewide vote. The Seminole Tribe and the Walt Disney Company paid a combined $10 million to back Amendment 3. The Seminoles were tired of individual counties throughout Florida trying to legalize slots parlors, while disputes over whether electronic roulette constituted banked table games led to years of lawsuits. Disney wanted to stop expansion of gambling, because the company behind Disneyworld and SeaWorld Orlando wants to maintain the state’s reputation as a family-friendly tourist state.

Amendment 13 in 2018 also involved gambling. See our section below on off-track betting to see the results of Amendment 13, which involved greyhound dog track racing.

Tribal Casinos In Florida

Card Rooms

Does Florida have any legal betting tracks/shops?

Florida currently has six racetracks for horse racing and pari-mutuel betting. It also has 14 dog tracks for greyhound racing, though that form of racing will be banned effective 2021. Each of the 14 greyhound venues will be able to host other forms of gambling, but in 2018, Florida became the 45th state to ban dog races. The horse racing industry looks as if it will survive for years to come.

All but one of Florida’s horse tracks are racinos, meaning the operators can offer certain forms of casino-style gaming as well.

Horse Track Racino

Does Florida allow off-track betting?

No, Florida does not have off-track betting facilities the way Delaware or Arkansas does. Instead, you’ll find off-track betting at greyhound dog racing tracks and jai-alai frontons. Florida is unique in the variations on betting it allows.

Soon, one of the state’s most distinctive forms of betting will go by the wayside. By passing Amendment 13 on the November 2018 midterm ballot, Florida voters approved a measure that would end the state’s greyhound racing industry. Racetracks with dog racing must stop the practice by the year 2021.

The same bill allowed those tracks to have simulcast racing and off-track betting. They also can operate poker clubs on the site of the old dog tracks. In South Florida, dog tracks will be able to host slot machines beyond the 2021 close date.

Dog Track Racinos

Dog Track (No Racino)