Florida Online and Retail Sportsbook Re-launch

• Daniel Horvat
• December 11, 2023

Florida retail sportsbooks as well as the online sportsbook Hard Rock Bet have relaunched after a temporary stay on the Supreme Court ruling was lifted. This allows the Seminole tribe to operate the sportsbook until the Supreme Court decides on the appeal by the two Florida casinos that want to stop the Seminole tribe from having a monopoly on sports betting.

After a number of weeks of limited access to the sportsbook app Hard Rock Bet in Florida, the app went fully live in the state last week. During the weekend, all six retail sportsbooks in land-based casinos owned by the Seminole tribe also opened their doors.

This comes as a direct consequence of the Supreme Court lifting the hold on the Florida sports betting case earlier in October. The court turned down a request of the two casinos in Florida to put the appeal on hold while they sought a Supreme Court review.

On October 12, the court placed a temporary stay on the appeals-court ruling, not deciding one way or the other but prolonging the Florida sports betting legal limbo. After the Biden administration called upon the Supreme Court to move forward in this case in late October, the temporary stay was quickly lifted.

This meant that despite the court not deciding either way, the Seminole tribe is allowed to operate a sportsbook app and retail sportsbooks at least until the actual Supreme Court ruling.

The story begins in April 2021, when Governor Ron DeSantis signed a new compact with the Seminole Tribe, the owner of six casinos in the state as well as the Hard Rock franchise in Florida. This agreement was set to bring statewide mobile wagering to Florida, opening up a new avenue for sports enthusiasts and the state’s economy.

The compact allowed the Seminoles to accept sports wagers from mobile devices anywhere in the state, with the bets run through computer servers on tribal land. However, the road to legalization was far from smooth. The gaming compact between the state and the Seminole Tribe was vacated following a series of court rulings. This led to the shutdown of the Hard Rock Bet app in December 2021, casting a shadow over the future of sports betting in Florida.

The exclusive rights of the Seminole Tribe to sports betting in Florida were challenged by several entities, primarily pari-mutuel companies and casinos in the state.

Two pari-mutuel companies, West Flagler Associates and Bonita-Fort Myers Corp., filed a challenge at the Florida Supreme Court. West Flagler holds three jai alai licenses, while Bonita-Fort Myers Corp. does business as Bonita Springs Poker Room in Southwest Florida. They argued that the deal between Governor Ron DeSantis and the Seminole Tribe violated a 2018 constitutional amendment requiring voter approval of expansions of casino-style gambling.

The lawsuit accused DeSantis and the Legislature of exceeding their power by allowing sports betting off tribal lands — without approval from voters. The challenge pointed to part of the constitutional amendment that says it “ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling” in the state.

These challenges were primarily driven by the belief that the compact violated state and federal laws and that it gave the Seminole Tribe a monopoly over sports betting in the state. The challengers sought to ensure that any expansion of gambling in Florida would require voter approval, as stipulated by the 2018 constitutional amendment.

The Seminole tribe argues that the sportsbook servers are located on tribal lands and that, therefore, the tribe hasn’t exceeded its rights and therefore the voters didn’t have to be asked to vote on the matter.

But the legal developments did not stop there. Last week, on December 5, Florida politician Jason Shoaf filed a bill to potentially legalize pick’em style fantasy sports in Florida. This move signaled the state’s intent to expand its sports betting offerings, further solidifying its position in the sports betting arena.

The bill proposes that fee-based contests, which depend on the statistical outcomes of multiple professional athletes, are skill-based and should be exempt from state restrictions on the gambling industry. The bill is expected to take effect in July 2024.

The story of sports betting in Florida is a testament to the state’s determination to navigate the complex legal landscape. With the re-launch of the Hard Rock Bet sportsbook app and the introduction of retail sports betting, Florida has firmly established itself in the sports betting arena. This is not just a victory for the Seminole Tribe or the sports enthusiasts who can now place their bets with ease. It’s a victory for the state of Florida, promising economic growth, job creation, and player protection.

As we look ahead, the landscape of sports betting in Florida is more promising than ever. With continued legal developments and the potential expansion of betting offerings, the Sunshine State is poised to become a major player in the sports betting industry.

The Seminole Tribe has played a crucial role in the evolution of sports betting in Florida. They were the first North American Indian tribe to open an “unlimited stakes” bingo hall in 1979, and they continue to be a major player in the industry. Their resilience and determination have been key to navigating the complex legal landscape of sports betting in the state. They are expected to pay billions of dollars to the state because of sports betting and other benefits in the compact, such as being able to offer craps and roulette at tribal casinos. This shows the significant impact they have on the economy and the sports betting industry in Florida.