United State Supreme Court Officially Refuses to Hear Florida Sports Betting Case

The status of Florida sports betting is officially not going to change. For now, anyway.

After a legal saga that has spanned more than two years, the Supreme Court of the United States (SCOTUS) now brings some closure to the matter. They recently announced that they will not be hearing the case to overturn sports betting in Florida, which was brought to them by gaming operators West Flagler Associates and Bonita-Fort Myers Corp.

The result is a breath of fresh air for the immediate future of sports betting in the Sunshine State. Granted, many came to expect this outcome. But without knowing for sure, it created an air of uncertainty around Seminole tribe sports betting offerings as well as their gaming compact with the state of Florida. 

“The Seminole Tribe of Florida applauds today’s decision by the U.S. Supreme Court to decline consideration of the case involving the Tribe’s Gaming Compact with the State of Florida,” Gary Bitner, a spokesperson for the tribe, told the Tampa Bay Times via email on Monday. “It means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact.”

Of course, one question that begets many more: What does this decision by SCOTUS immediately do for sports betting throughout the Sunshine State? What about over the longer term? Is the battle over legal Florida sports betting really over? 

The Florida Sports Betting Legal Battle May Continue

This may not mark the end of Florida’s sports betting legal battle. West Flagler Associates and Bonita-Fort Myers Corp still have at least one card on which to tie their hopes. 

Alexandra Glorioso of the Tampa Bay Times has more on this:

“But for West Flagler and Bonita-Fort Myers, the fight may not be over. In addition to the U.S. Supreme Court, the companies also asked the Florida Supreme Court to weigh in on the matter last year. In March, Florida’s highest court threw the case out on a technicality. The companies may be able to refile their challenge in a way that could eventually end up back before the court. ‘Our client is not taking media requests as they do not wish to comment,’ said West Flagler attorney Raquel A. Rodriguez by email.”

Figuring out how to refile with the Florida Supreme Court feels like something of a Hail Mary. Then again, a United States District Court judge sided with them in November 2021. West Flagler, specifically argued that the Seminoles’ gaming compact violated the Indian Gaming Regulatory Act because their Florida online sports betting app was accessible off tribal property. 

Still, this stance has failed to hold up at two subsequent levels since. The Seminoles, for their part, maintain that they’re not violating anything. Because their online Florida sports betting app is run by servers on tribal property, they believe the site should be considered an extension of tribal grounds.

And yet, while West Flagler’s attempts have now been thwarted by both SCOTUS and the Florida Supreme Court, you could argue their hopes aren’t entirely dashed. Neither ruled in favor of the Florida sports betting compact so much as they decided West Flagler doesn’t have a strong enough case. 

More Twists and Turns Could be Coming in the Sunshine State

Could West Flagler (and Bonita-Fort Myers) reformulate their complaint in a way that gains more consideration, if not support, from the Florida Supreme Court? Maybe. But this battle doesn’t technically end with this case alone.

As it stands, the gaming compact between the Seminole Tribe and state of Florida runs through 2051—multiple decades. It will no doubt face other challenges during that time. At the very least, there will come a point where maybe even the state wants to make amendments. Remember, Florida is considered a top-four sports betting market. All of the top online sportsbooks in the United States would love the opportunity to set up shop inside it. And this says nothing of other Florida tribes who assuredly wish to add sports betting to their own gaming portfolios.

Additional contests or attempts to expand or amend the gaming compact may not be imminent. It isn’t even clear how they would go, or what they would look like. And sure, there’s a chance the state is content to let the gaming compact play out in full. Money talks. And as the Hard Rock CEO recently noted about the Florida sports betting industry, business has been good since the Seminole tribe sports betting app relaunched in December 2023.

So, Does This Mean Expansion for Florida Online Sports Betting is Unlikely?

Not quite. 

Indeed, the Seminole tribe currently has a monopoly over online sports betting in Florida. But they could be open to expanding the parameters of the gaming compact themselves. Officials from the tribe have repeatedly noted they could, at some point, consider working with top USA online sportsbooks as part of their offerings.

Good luck figuring out what that means. We probably can’t know, for sure, until or unless it actually happens. It will also be interesting to see whether the Seminole tribe would OK any additional tribal operations. For instance, is there a scenario in which the Miccosukee Tribe of Indians of Florida is allowed to offer sports betting at the Miccosukee Casino & Resort in Miami?

Usually, we would bet heavily on expansion being inevitable. And perhaps that should be the case here. But the Seminole tribe Florida sports betting site is accessible to everyone inside the Sunshine State. So, this isn’t your typical sports betting setup for a state that didn’t legalize it through a constitutional amendment. If and when this West Flagler case is done for good, there’s a strong chance Florida sports betting does not change in scale or scope for quite some time.

Take a look at this list of the top online sportsbooks so you can find one that works for all of your sports betting needs: