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Online sports betting in Florida could return after federal appellate court ruling

Gaming compact between state, Seminole Tribe of Florida didn't violate federal law, judge says
Seminole Hard Rock Hotel & Casino sign and guitar hotel in background
Posted at 3:35 PM, Jun 30, 2023
and last updated 2023-06-30 19:12:52-04

WASHINGTON — Online sports betting throughout Florida could become legal again after a federal appellate court sided with the Seminole Tribe of Florida, reversing a lower court decision that struck down the gaming compact signed between the state and the tribe in 2021.

Friday's opinion from Judge Robert Wilkins with the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court ruling that tossed the gaming compact, claiming it violated federal law.

Two non-tribal casino owners in Florida – Magic City Casino and the Bonita Springs Poker Room – challenged the pact, saying it violated the Indian Gaming Regulatory Act.

But Wilkins said the IGRA doesn't prohibit gambling outside tribal land. Rather, Wilkins said, it merely authorizes gambling on its properties.

The gaming compact was negotiated between Gov. Ron DeSantis and the tribe and approved by the Florida Legislature in 2021. It received federal approval later that year.

The Seminole Tribe-owned Hard Rock casinos in Florida launched their online sports betting app shortly after the deal was codified, but it was forced to shut down about a month later.

Under the deal, the tribe would pay $2.5 billion to the state over five years. It had begun making payments when the agreement was tossed in November 2021.

"Whether it is otherwise lawful for a patron to place bets from non-tribal land within Florida may be a question for that state's courts, but it is not the subject of this litigation and not for us to decide," Wilkins said.

The U.S. Supreme Court could still weigh in on the issue.