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Florida's gambling laws effectively make all unlicensed forms of gambling illegal. Most gambling activities are offered in some way in Florida, except online gambling, which is illegal by default due to a lack of specific legislation. Sports betting was recently deemed legal in Florida thanks to a landmark case that escalated to the DC Circuit Court of Appeals. Read on for the full story on Florida's gambling laws.

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Gambling in Florida is covered in Florida Statutes 849.01 and 550.001, which deem all forms of gambling illegal unless licensed by the state. In reality, the industry in Florida is a mixed bag, with most forms of land-based gambling legal under certain conditions in some cases. However, most forms of online gambling are illegal by default without specific legislation.

Let's see how this legal landscape affects each type of gambling activity in turn.

Casino Games

Casino gambling is legal in Florida, but only via one of the state's eight tribal casinos. Seven of these casinos are run by the Seminole nation, all operating under the Hard Rock Casino brand and permitted to offer slots and Blackjack games. The Miccosukee nation operates the 8th tribal casino and is legally allowed to offer non-banked games such as bingo and poker. Some of the state's many parimutuel betting venues are licensed to offer slots, specifically a select few in Miami-Dade and Broward counties.

In contrast, online casino gambling is classed as illegal in Florida without any specific legislation on the activity. Numerous attempts have been made to legalize online casino gambling in the state, but due to resistance, such gambling laws have yet to be passed. Residents of the Sunshine State can still access and play online casino slots and such games at the many foreign online casinos that accept players from Florida, even though the state deems this illegal.

Poker

Poker is legal in Florida, with the game offered at numerous venues nationwide. The Seminole tribal casinos and the Miccosukee casino offer poker gambling, with banked games available at the former and non-banked games offered at the latter.

Online poker, on the other hand, is currently unregulated in the absence of explicit gambling legislation. Under the definition of gambling, the activity is generally classed as illegal, but Floridians can access and play poker games online via various offshore poker sites.

Bingo

Bingo gambling is legal in Florida, with games run by charitable organizations and licensed operators. The Miccosukee tribal casino offers bingo games to residents, but most of the bingo market in Florida consists of bingo halls run by charities.

Online bingo gambling is illegal in the state of Florida, with none of the land-based operators permitted to offer their services online. The only option for Floridians is to play at foreign bingo sites, which is deemed illegal, but prosecution for such activities is unheard of.

Lotteries

Lottery gambling is legal in Florida, with the Florida Lottery offering draw tickets for local and national games and instant win games at more than 13,000 outlets across the state.

Floridians cannot, however, play online lottery games for real money via the Florida Lottery website, as it serves only as a source for information and drawing results. Instead, residents can easily access such games at the many available foreign lottery sites, although this is generally considered illegal in Florida.

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Florida's gambling laws permit private, social gambling, such as home-based poker games. The jury is still out regarding classifying lootboxes and skins gambling in the state, with these activities currently unregulated.

Regarding cryptocurrencies, in mid-2023, Governor Ron DeSantis signed a bill to prohibit the use of central bank digital currencies in the state, which some took to mean that virtual currencies such as Bitcoin would be banned.

However, the move aimed to prevent a power shift from consumers to a single central authority, casting a more favourable light on cryptocurrencies, which are decentralized by nature. Despite businesses in the state being allowed to pay their taxes in Bitcoin, individuals may not, and no gambling operators in Florida currently offer crypto gambling options.

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Until recently, Florida's sports betting situation mirrored that of California in that the activity was stuck and unable to progress due to disputes between the tribal casinos, parimutuel venues and federal judges. Sports betting was initially legalized in 2021, with markets available via the Seminole tribe's Hard Rock Bet sportsbook, and plans to offer betting machines at select parimutuel venues under a shared profits system.

However, two parimutuel businesses, Bonita Springs Poker and Magic City, claimed that the compact agreed between the Seminoles and Governor DeSantis breached the existing Indian Gaming Regulatory Act, which states that gambling must only occur on tribal land. Since the servers were not located on tribal land, the federal judge ruled that the compact was invalid.

In mid-2023, the case was escalated to the DC Circuit Court of Appeals, which overturned the ruling of the 2021 case, making sports betting legal in the state of Florida once again. Sports betting is expected to be up and running in the state ASAP. It remains to be seen if online sports betting in Florida will follow suit.

Betting on other sports is available in horse racing betting, greyhound racing betting and Jai Alai betting at the 20+ parimutuel venues scattered throughout the state. However, live greyhound racing betting was banned by popular vote in late 2018.

Daily fantasy sports betting isn't specifically mentioned in Florida's gambling laws, with the state's definition of gambling currently applying to DFS, despite claims that the activity is a game of skill. Despite this grey area, top providers DraftKings and FanDuel still accept players from Florida, with state authorities reluctant to prosecute.

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The gambling age in Florida is 18 years for most forms of betting, while those wishing to play at a casino venue must be 21.

Tax Regulation

Florida gambling tax regulation means slot operators must pay a 35% tax per machine. In contrast, the Seminole tribe pays a varying amount based on compact negotiations, with their contribution either the agreed upon fixed minimum payment or a percentage of revenue from 12% to 25%, whichever is greater. For Floridians, gambling winnings are tax-free at the state level, but the federal withholding tax of 24% applies.

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Legal gambling in Florida dates back to the 1930s, around the Great Depression, with horse and dog racing betting briefly legalized in 1931. Both slots and Jai Alai were legalized in the state in 1935, but the law on slots gambling was reversed in 1937. Bingo gambling was legalized in 1970. In 1978 and again in 1986, Floridians voted against casino gambling legislation but supported the idea of a state-wide lottery.

The Florida Lottery launched in 1988, the same year the Indian Gaming Regulatory Act was enacted, allowing tribal nations to open casinos and other gambling establishments on tribal land. In 1989, small stakes private poker games were legalized, with such games permitted at parimutuel venues in 1996, both restricted to a pot limit of $10. Higher stakes were permitted in 2007, and no limit games in 2010.

Sports betting was initially very briefly legalized in 2021, then ruled illegal. However, the decision was overturned by the DC Circuit Court of Appeals in June 2023, making sports betting legal once more in Florida.

Key Facts

Florida's gambling laws are a bit of a mixed bag. Here's a reminder of the key points regarding the Sunshine State's gambling legislation:

• Casino gambling is legal in Florida, but only via the state's eight tribal casinos (or related slot machines).
• Online casino gambling is illegal by default in the absence of specific legislation.
• Poker is legal in Florida via the tribal casinos.
• Online poker is deemed illegal in the absence of specific legislation.
• Bingo gambling is legal and offered by both charitable organizations and tribal casinos.
• Online bingo gambling is illegal by default.
• Lottery gambling is legal in Florida, but online lottery ticket sales are illegal.
• Sports betting has very recently been legalized in Florida.