- Is Online Gambling Allowed In Florida
- Is Online Gambling Illegal In Florida Statutes
- Is Online Gambling Illegal In Florida State
- Is Online Gambling Illegal In Florida Keys
- Is Online Gambling Legal In Florida
Michael “The Grinder” Mizrachi, Jason Mercier, and current November Niner Amir Lehavot– these are just a few of the real money poker behemoths originally hailing from the Sunshine State, Florida. In fact, in six of the past seven years, at least one resident of Florida has made the WSOP Final Table at one of the poker world’s most prestigious real cash poker betting events. This is in large part due to the popularity of online poker on legal poker websites in Florida prior to Black Friday.
Not just anyone is allowed to hold a raffle in Florida. Raffles are considered a form of gambling that is illegal in the state. The only exception to Florida raffle laws is for nonprofit organizations, as long as they meet the state’s requirements. Non-compliance with Florida raffles laws can lead to criminal liability. Running an online casino that is based in the state of Florida, however, is completely illegal. If players want to play online using their tablet or smartphone, they must play on casinos that get the tick of approval that are hosted in other parts of the world. Gambling in the future in Florida. Sports betting in Florida is a bit cloudy considering it calls itself the 'Sunshine State.' On the one hand, FL residents have dozens of options when it comes to gambling at commercial and tribal casinos and poker rooms, and there are numerous race tracks to bet at as well.
Since then, things have died down a bit in the Internet poker gambling world in FL. Recently implemented gambling and betting laws raise the question as to whether all forms of device driven gambling, like Internet poker betting for real cash, are technically illegal in 2020. Additionally, the state prohibits unregulated gambling in any shape, way or form meaning lawful poker websites are the only option for Florida’s poker betting fans.
Still, the state’s 26 casinos, poker rooms with Texas Hold’em games and other poker games plus multiple racetracks are physical proof that real money poker and other gambling variants are thriving. And most of the state’s gambling community is widely in favor of passing legislation that would legalize online poker and usher in a new era of legit Internet poker websites for FL citizens. Yet, while several Internet poker bills have been brought to the table, it appears as though the betting residents of Florida are going to have to wait an indefinite amount of time before taking to the virtual real money poker felt.
As it stands in 2020, gambling online in The Sunshine State raises some questions. However, with the right real money US poker site, making a wager can be done.
Is Online Gambling Allowed In Florida
History Of Florida Poker Legislation
Quick Jump
- 4 Is Online Poker Legal In Florida?
- 6 The History Of Gambling In Florida
According to Abruzzo’s proposal, the state of Florida would receive 10 percent of all revenue generated through online poker and Internet poker transactions. His goal was to pass a form of the bill by March 2011 to be implemented no later than July 1st of that year. Unfortunately, the lawful poker websites bill died in the Senate Criminal Justice Committee in April 2011 [1].
Abruzzo would try again to get his Internet gambling and poker betting bill through in 2012, but due to heavy resistance from the Seminole tribe – the largest Indian gambling interest in the Sunshine State – efforts to legalize online gambling fell short and the reality of legit poker websites disappeared. It was around the same time that FL State began cracking down on Internet café gambling. This is when players go online and access real cash poker websites in public places. In the past that was a popular way to bypass the poker laws and get a game of Texas Hold’em real money poker in!
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Can Players From Florida Play Online Poker?
As of the time of writing, real cash poker players from Florida are still permitted to register accounts on US-facing poker websites. In light of recent laws passed by the state’s government, this could change at any time. So, if you’re playing Internet poker from FL in 2020, be aware and stay up to date with the Florida government’s most recent position on whether gambling on real money poker websites is legal.
There are still a lot of online poker rooms and poker websites that accept players from the United States, but they are not accepting players from all states. If you do decide to take to the virtual Texas Hold’em poker felt, it is recommended that you take a look at our list of the best Florida Poker Sites for real money.
Is Online Poker Legal In Florida?
While we are no legal authority on the subject of legit Internet poker in FL, we can say with confidence that Florida’s gambling and real money poker laws are vague, at best. Technically, there are no laws prohibiting someone from playing online poker for real cash at a poker website. However, some of the state’s laws can be interpreted to say it is illegal for FL poker players to play Internet poker.
If anything, Florida has failed to mention much of anything regarding the legality of online poker and whether gambling for real money at poker websites is legal. And although it is best to seek on the subject of Internet poker before participating in any online gambling or real money poker activity, we’ve summarized the key facets of 2020‘s gambling and real cash poker law in Florida, some of which can be interpreted to encompass online poker at poker websites:
- According to Section 849.08, unregulated gambling in the state of Florida is illegal and considered a second degree misdemeanor. [2]
- 849.08 goes on to state that playing cards, possibly including poker games like Texas Hold’em poker, on an unregulated device or at an unregulated facility is also illegal. Cards could be interpreted to include poker and Internet poker games, although the word “poker” is never specifically referred to.
- Real money poker rooms are legal, but must adhere to a strict set of principles and guidelines set forth by the state.
- Penny-ante home real cash poker games, where the winner of a hand wins no more than $10 are considered legal in so long as the poker betting game takes place at a dwelling – which can be interpreted as a place of residence. [3]
From this it can be concluded that playing online poker from a computer on poker websites, despite the location of the device, could be considered illegal. However, since no one has been prosecuted for playing online poker, it’s impossible to know how state officials would react to the issue of online poker and Internet poker play if presented before a court of law.
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HB3 – Prohibition of Simulated Gambling Devices
In early-2013 Florida passed HB3. For the sake of simplicity, we’ve paraphrased it below:
Section 849.16 indicates that machines or system[s] directly or indirectly operated by a user that can be used to play games of skill or by reason of any element of chance or any other outcome unpredictable by him or her are illegal, in so long as an exchange of real money, credit, allowance, or thing of value can be traded for.
HB3 was meant to outlaw Internet cafes where FL citizens went to play legal Internet poker in Florida. However, the language is so broad that it can be interpreted that any device, including computers, smartphones and tablets, that can be used to play on gambling and poker betting websites, are all technically illegal in 2020. [4] Absurd, we know – but that’s one way to read it.
The bill will likely be amended, and there are some that believe the new bill will include provisions outlawing Internet poker, including both off-shore real money poker websites and legal free-play Internet poker sites in the US. To support this theory, subscription-based online poker site ClubWPT.com [5] pulled out of Florida two days after the poker website gambling bill was signed into law by Governor Scott.
The Facts
The History Of Gambling In Florida
1932
Is Online Gambling Illegal In Florida Statutes
1932
Due to the suffering that the economy endured during the early 30’s, the state of Florida legalized pari-mutuel gambling.
1935
1935
Gambling started to grow even more and slots were legalized in Florida.
1937
1937
Unfortunately, this law was revoked and slots were no longer available to play in the state of Florida.
1978
1978
Gambling was on the verge of growing even more throughout the state, but the referendum on granting casino gambling in Broward and Miami-Dade was defeated. This referendum was re-introduced in 1986 and 1994, resulting in the same outcome.
1979
1979
The Seminole Tribe made real strides in the gambling world and opened a high-stakes bingo hall on their own lad. Unfortunately, this did not conform with the state’s law but the appeal was won and the bingo hall remained open.
2004
2004
Finally, the referendum from previous years was passed and Broward and Miami-Dade got their casinos. This allowed them to expand their slots offerings, which would ultimately lead to more customers in the tribal casinos.
2010
2010
Legislature allows “No-Limit” poker to be played in live casinos. Resulting in a boom in venues throughout the state. Gambling was becoming a big thing in the state of Florida and was constantly growing in popularity.
2013
2013
This year saw a big decline in gambling facilities as internet cafes banned all gambling games from being accessed.
Gambling and real cash betting, whether sanctioned by the state or not, has existed in Florida since Henry Flagler enticed high-roller real money poker betting and casino fans by erecting the landmark (and illegal) Bacchus Club casino in 1888.
In the 1920s, the underground gambling and poker betting scene in both Tampa and Miami was thriving. A game called bolita, which originated in Cuba, was the poison of choice for most real cash high-rollers gambling in FL. In the 1930s, the rise of crime bosses like Al Capone led to illicit gambling circles and real money poker games throughout the state. Stories of murder, mayhem and corrupt police officers were common, and while not all of them were true, illegal gambling and poker betting become so popular that by the 1940s popular casino games were said to be buying elections in Florida.
The Great Depression compelled Florida’s government to seek ways to raise additional revenue. Subsequently, legislation legalizing real money gambling on horse racing was passed in 1931. This marked the first time gambling in any form was legal in Florida. Four years later, slot machines became legal.
The Florida State Lottery was sanctioned in 1988 and by 2008 generated more than $4.2 billion in annual real cash gambling wagers. Lottery officials claim that in the past two decades, over $20 billion in betting profits has been collected from the lottery fund to support educational causes.
Despite this, organized crime ruled the gambling and real money poker world in Florida throughout much of the 20th century. And it wouldn’t be until 2004 that the Seminole tribe would win the battle to operate Vegas-style real cash gambling slots in the state of FL.
Since then the Indian tribe has gained the right to spread more games in its various casinos. The state has settled its differences with the tribe, in large part due to the more than $2 billion in state revenue they generate each year in real money gambling profits for the government of Florida.
In 2010, Texas Hold’em No-Limit poker and other No Limit poker games became legal in Florida’s then 23 real money poker betting rooms and all Seminole poker rooms.
Today in 2020, Florida’s online and offline gambling and Internet poker community is bustling. Over two dozen real cash legal poker rooms, more than half-a-dozen tribal gaming casinos and three horse tracks litter the highly populated, tourist friendly Sunshine State of FL.
Although the state laws seem to be in flux, US poker players in Florida do have access to Internet poker rooms that take US players.
Regulated Gambling Options In Florida
The only type of regulated gambling not offered in Florida is commercial casinos. Horse racing, slot machines and lawful real money poker card rooms are all prevalent throughout the state. Florida also offers a state lottery, Powerball, bingo and raffles (only for charity) and para-mutual gambling on top of its wide legit real cash poker gambling offerings.
The Future Of Regulated Online Gambling In Florida
HB3 has most advocates of state regulated online poker extremely concerned about the possibility of legal Internet poker websites. Some fear a scenario where HB3 will be amended to ban online poker and gambling at Internet poker websites completely. And while the Internet poker bill is certainly not the last nail in the coffin, the Seminoles will likely resist any online poker legislation making Internet poker legal unless it can be amended to not jeopardize their poker gambling earnings.
The Bottom Line
It could be a long while before proposed online poker legislation is heard by the committee in FL. Will we eventually see some sort of legalized online poker giving the Sunshine State’s gambling fans somewhere legal to play real money poker in Florida? Probably, it won’t happen soon and all bets are off on when the first legit poker websites will open their doors.
Floridians best hope might be for the federal government to come around on the issue of legal Internet poker and gambling for real cash on poker websites. Until then, FL players are encouraged to enjoy Florida’s prospering no-limit real cash poker scene, and other poker variants. It’s a good way of getting in some real cash gambling practice before legit Internet poker betting for real money eventually comes to Florida!
References
[1] ↑Florida’s internet poker legislation won’t pass this session
[2] ↑Statute 849.08
[3] ↑Statute 849.085
[4] ↑Did new Florida law make computers and phones illegal?
[5] ↑ClubWPT
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Despite Florida’s huge gambling market, customers are limited to just seven tribal casinos and various horse tracks and (now-defunct) dog tracks that operate as card rooms.
In fact, this latter aspect of the FL gambling industry has caused the state to be in violation of its exclusivity compact with the Seminole Tribe, who had a favorable ruling in federal court that annulled their casino profit-sharing obligations. This has cost the state over $400 million per year since 2019, when the tribe stopped paying. Since then, all expanded gambling measures in FL have hinged on the renewal of that Seminole compact.
Fortunately, as a bettor or gambler in FL, you don’t have to be stuck in the middle while the state government is a stick in the mud. That’s because you are free to legally gamble anytime – in any market – by visiting legal Florida online casinos.
Whether you’re a casino player, sports betting fan, or poker player, if you’re looking for high-quality and safe gaming experience, you can get one by visiting any legitimate Florida online gambling site a shot. However, before you consider participating in Internet gambling, we suggest you review the information concerning Florida online gambling laws.
Below, we address the details of Florida betting law as it pertains to both brick-and-mortar and online gambling. To learn more about all FL laws concerning casinos, sportsbooks, and poker rooms, our short guide has everything under the sun for residents of the Sunshine State.
Other Florida Gambling Pages
Where Does Florida Stand On Legal Online Casino Gambling?
Florida has recently banned “Internet cafes” that were operating as unregulated online casinos, though the state’s view towards online gaming in general doesn’t appear to be antagonistic.
However, there are significant hurdles due to the fact that FL casino gambling is the exclusive domain of the Seminole and Miccosukee tribal nations. This means that the state cannot unilaterally expand gambling online without the tribes’ involvement and approval. Talks are ongoing, but they are moving at a snail’s pace.
In the meantime, it is legal for FL residents to gamble online at legitimate offshore casinos. These venues operate outside of US jurisdiction, and there are no FL gambling laws or federal gambling laws that bar access to these destinations. Over an estimated one million FL gamblers already use these sites and have been members at them for over a generation.
Naturally, FL would like to put itself in a position to bring some of these customers back into the domestic gaming fold, but no iGaming legislation has made its way through the state congress to date.
That said, the state does appear to be moving towards allowing tribal brick-and-mortar casinos to offer the two casino games they’re currently unable to provide: craps and roulette. While the 2020 legislative session concluded without any such gambling legislation being passed, there is enough momentum that the issue is likely to be revisited in 2021.
Where Does Florida Stand On Legal Online Sports Betting?
Bookmaking is a serious offense under Florida law. However, you’re a sports bettor, not a bookie, and there are no laws barring individual FL residents from betting on sports online provided they use a legitimately licensed offshore operator.
To reiterate: The existing laws surrounding sports betting in FL target bookmakers and not players, and they address unregulated gaming operators specifically.
Legally licensed and regulated online sports betting is not prohibited as long as those operators are based internationally outside of US jurisdiction. Fortunately, there are several high quality, safe, and legitimate Florida online sportsbooks to choose from.
As for when Florida will make domestic sports betting legal so that operators in the state can offer betting lines on all the most popular college and pro teams in the region, that remains to be seen.
Right now, the Seminole Tribe of Florida is exercising its leverage with exclusive gaming rights to prevent commercial sportsbooks from operating in the region. To make any progress on the domestic sports gambling front, the state will likely have to give sports betting exclusivity to the Seminole. And even then, it’s unclear whether or not that would include online sports betting.
Where Does Florida Stand On Legal Online Poker?
Online poker is becoming increasingly popular in FL. The Sunshine State does not specifically prohibit online poker at the individual level, but there are laws against online poker operators that are based in the state. Recently, there have been attempts to legalize online poker in FL, though this has gotten nowhere.
In fact, when the state approved non-house-banked poker at non-tribal FL venues, it violated the Seminole Tribe’s exclusivity compact, and fixing this is now the biggest gambling issue before the FL legislature. Online poker won’t be addressed until long after this issue is resolved.
Meanwhile, there are a number of legal Florida online poker rooms which operate and are regulated outside of the United States. As long as you’re at least 18 and live in FL, you can use these online poker rooms to play for and win real money.
We do stress that being selective in choosing the brands to which you will bring your business is paramount in accessing a safe and secure online gambling experience, which is why you need to read our above-linked Florida online poker guide.
Florida Gambling Laws
There are a number of Florida gambling laws to be aware of, but the long and short of it is that the following markets are currently legal in a domestic operator capacity:
- Tribal casino gaming (21+ Class III, 18+ Class II)
- Horse racing betting (18+)
- Greyhound betting (18+, expires Dec. 31, 2020)
- Jai Alai betting (18+)
- Cardroom poker (age limit varies)
- State lottery (18+)
- Charitable gambling (18+)
If you sign up with an online operator that is based overseas and is regulated and certified to offer gambling opportunities to FL players, you can enjoy all the following markets over the Internet legally and safely:
- Casino gambling (18+)
- Sports betting (18+)
- Online poker (18+)
- Horse racing betting (18+)
- Greyhound racing (18+)
- Online lotteries (18+)
In addition to FL gambling laws, there are two federal gambling laws to be aware of. The Unlawful Internet Gambling Enforcement Act (UIGEA) places stringent regulatory oversight on how online gambling-related transactions are processed, which is why we recommend Bitcoin gambling for deposits and withdrawals when playing offshore (as the UIGEA can lead to credit/debit card rejections).
There is also the Federal Wire Act to consider, though this applies only to sports betting and prevents FL residents from having their sports bets accepted by sportsbooks in other states.
Neither law prohibits online gambling for FL residents at operators based outside of the United States, so as long as you are playing at an online casino, sportsbook, poker room, racebook, or bingo hall that is legally licensed in its own home country, you are in the clear.
FL Gambling Law Guide Summary
The online gambling professionals who created this guide consider it critical that FL players have access to accurate and up-to-date information regarding the online gambling laws in Florida.
Is Online Gambling Illegal In Florida State
Throughout this guide, we only recommend gambling brands which are legally licensed, certified, and regulated by respected and legitimate governing jurisdictions. This is true for the online casinos, Florida online bingo halls, and the poker rooms and sports betting sites we list in this guide.
Is Online Gambling Illegal In Florida Keys
To review the official gambling laws for Florida in their original language, you’ll want to visit the Florida State Legislature website, which provides these laws and statutes in their entirety. That source does not provide any legal interpretation of the laws, however. If legal FL gambling advice is what you’re looking for, then contacting an attorney is your best option.
Is Online Gambling Legal In Florida
***The information on this page is intended to reflect our educated opinions and analyses based on personal experience as industry professionals. It is not intended in any way to serve as legal advice. We are not lawyers and are not qualified to provide professional legal advice in any capacity.