Is Florida Sports Betting Set to Expand in 2024?

The battle over the future of Florida sports betting is not yet settled, and it’s not quite clear when that’ll change. Even so, that hasn’t stopped one Senator from proposing a bill that would likely expand sports gambling in The Sunshine State.

The bill in question, SB 1010, is sponsored by Senator Blaise Ingoglia. It aims to recognize three additional Native American tribes in the state of Florida: The Santa Rosa Band of the Lower Muscogee, the Muscogee Nation of Florida and the Lower Chattahoochee Band of Yuchi Indians.

Though the scope of this bill extends beyond sports betting laws in Florida, the two are intertwined with one another—as well as other other issues. Everything from special district powers and identification cards to hunting, campsite and water rights laws are at stake.

Will SB 1010 successfully make it through the 2024 legislative sessions? What would it mean for sports gambling laws in Florida? Should we expect any opposition from the Seminole tribe, which holds exclusive sports gaming rights in The Sunshine State? Let’s go ahead and parse the latest details.

How the Recognition of Additional Tribes Could Impact Florida Sports Betting Landscape

While SB 1010 is technically a new bill, it borrows tenets from previous proposals. Select policymakers in The Sunshine State have tried to recognize additional tribes for quite some time. Here are the full details, courtesy of the folks over at WMNF.org:

“State recognition of three Native American tribes in the Panhandle has been proposed in the Florida House and the Senate for the 2024 legislative session. Sen. Blaise Ingoglia, R-Spring Hill, on Tuesday filed a bill (SB 1010) similar to a measure, introduced in November by Rep. Michelle Salzman, R-Pensacola, to recognize the Santa Rosa Band of the Lower Muscogee, the Muscogee Nation of Florida and the Lower Chattahoochee Band of Yuchi Indians. Florida law addresses issues involving the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida.

“As with Salzman’s proposal (HB 675), Ingoglia’s bill about the other three tribes includes limits. It said that 'state recognition of an Indian tribe or band under this (proposed) section (of law) may not be construed to create any basis or authority not otherwise provided by law for an Indian tribe or band to establish or promote any form of otherwise prohibited gaming activity.’ Salzman’s proposal also said recognition wouldn’t include claims of ‘land or real estate.’”

Based on this language, it seems as if the proposal would not allow for the implementation of new casinos. That is likely because of the Seminole and Miccosukee tribes. They have exclusivity over gaming rights in Florida. Of the eight tribal casinos in Florida, seven of them are operated by the Seminoles. The other one is operated by the Miccosukees.

Indeed, there are other gaming facilities located throughout The Sunshine State. But the Seminole-operated casinos are the only ones allowed to offer sports betting in Florida. Not even the Miccosukee Resort and Gaming Center has a sports gambling license. What’s more, the other gaming facilities in Florida aren’t technically casinos. They are “racinos.” This means they offer race-track betting as well as some electronic wagering. They do not have table games on-site.

The Expansion of Florida Sports Gambling May Still be a Ways Off

The expansion of Florida sports betting operations can essentially happen in two ways.

First, the state could allow other tribes to secure retail sports betting licenses. By recognizing three more tribes under SB 1010, it would ostensibly open the door for this route to be explored. However, the Seminole tribe negotiated an exclusive sports betting compact with the state just a couple of years ago. That agreement isn’t slated to run out for at least a decade. The Sunshine State would likely need their support if they’re going to amend Florida retail sports betting laws.

Expansion can also be achieved by licensing online sportsbooks in the United States to operate inside the region. As of now, though, sports betting can only take place on Seminole tribal property. Yes, they have a Florida mobile sports betting app that can be accessed throughout the state. But the Seminoles have argued—successfully so far—that the application is an extension of their tribal property.

Regardless, even if the state wants to open up their sports betting laws to incorporate more operators, they will need to amend their agreement with the Seminoles. That’s no small ask. And to this point, policymakers haven’t shown much of an appetite to make wholesale changes.

The Current Litigation of Florida Sports Betting Needs to Wrap Up Before Additional Changes are Made

Gaming laws throughout the United States are fluid. There will be opportunities for most places to change them annually, at each round of legislative meetings. So if this year’s discussions lead to the recognition of more tribes, it does pave the way for the eventual expansion of Florida retail sports betting.

With that said, nothing is likely to happen while the future of retail sports wagering in the Panhandle is playing out in the courts. The Seminoles, along with the governor’s office, have asked for the current Florida sports betting case to be dismissed. But that request has yet to be granted. In fact, many expect the United State Supreme Court to inevitably take on the case. And on top of that, the Florida Supreme Court is currently deliberating over yet another motion filed by West Flagler Associates, the gaming operator that is claiming the Seminoles’ commpact with the state violates the Indiana Regulatory Gaming Act.

At this juncture, it’s not clear how any of this will end. Florida retail sports betting remains up and running—for now. That could change any day. So until the current gaming laws are ratified beyond doubt and litigation, we shouldn’t expect Florida sports betting to undergo any expansion.

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