Illegal Florida Sports Betting Bill Officially Moves to Senate

A bill that aims to crack down on the illegal Florida sports betting market has officially reached the state Senate.

The legislation, Senate Bill 1404 (SB 1404), specifically takes aim at Florida sweepstakes betting. Senator Cory Simon, a Republican, is the primary sponsor of the initiative. However, while sweepstakes wagering is among the chief focuses, the bill would also increase penalties for sports betting in Florida that is considered illegal.

“Without more substantial penalties, illegal gambling will continue to spread, siphoning money from Florida,” Simon explained at one of the recent hearings for SB 1404, as relayed by Robert Linnehan of Sports Betting Dime. 

To keep illegal sports betting in Florida at bay, Simons proposes that both those who offer it and partake in it must suffer starker consequences. To this point, the bill has some real momentum behind it. Most recently, the Florida Senate Appropriations Committee on Agriculture, Environment, and General Government offered their endorsement of the legislation. SB 1404 will now move to Fiscal Policy Committee

Full Details of Illegal Florida Sports Betting Prohibition Bill

Linnehan further unpacks the full extent of Senator Simon’s illegal Florida sports betting bill for Sports Betting Dime:

“Simon’s bill prohibits ‘internet gambling’ and ‘internet sports betting’ outside of the Seminole Tribe’s gaming compact with Florida, which effectively bans sweepstake gaming as well. Internet gambling in the bill is defined as the following: ‘Internet gambling means to play or engage in any game in which money or other thing of value is awarded based on chance, regardless of any application of skill, that is available on the Internet and accessible on a mobile device, computer terminal, or other similar access device and simulates casino-style gaming, including, but not limited to, slot machines, video poker, and table games. Online sports betting in the bill is defined in a similar manner, prohibiting bets of real money or ‘other things of value upon the result of any trial or contest of skill, speed, power or endurance of human or beast’ that is available online.”

As part of this bill, sweepstakes casinos are looped under the illegal Florida betting umbrella. Per iGaming Business, these operators are “a social online casino—which is a website or app where people can play digital and live-dealer casino games online—that offers sweepstakes promotions. The common use of sweepstakes in the name refers, basically, to the mechanism that allows the casino to operate for actual stakes legally.”

If this sounds like an ambiguous mouthful, that is because it is an ambiguous mouthful. At the end of the day, sweepstakes casinos are basically operational workarounds. They use language to eschew letter-of-the-law interpretations of online casino gaming in the United States, as well as online sports betting in the United States.

Will the Seminole Tribe be Impacted by Senator Simon’s Bill? 

Under Senator Simon’s bill, offering or participating in these activities without a license would be categorized as third-degree felony. So, similar to action taking against daily fantasy sports betting sites in Florida, this proposal is extremely high-stakes.

Many are also wondering whether the inclusion of Florida sports betting online in the bill impacts the Seminole Tribe’s operation. As of now, they offer services at their physical locations in addition to their Florida online sports app. That mobile sports betting site can currently be accessed and used anywhere in The Sunshine State.

Language within SB 1404 seems to paint that kind of service as illegal. However, there is a special stipulation for the Seminole Tribe. While other Florida online sports betting apps operating domestically would remain illegal, theirs will remain in clear.

That is the benefit of the Seminole Tribe’s gaming compact. Any Florida sports betting legislation basically excludes them. Granted, their online operations fall inside more of a gray area. The compact calls for them to offer Florida sports betting exclusively on tribal property. As such, other gaming operators have contested their ability to take bets anywhere in the state. The Seminoles, however, have successfully argued that because the servers for their Hard Rock sports betting app are located on tribal property, the mobile site itself is an extension of their grounds.

Put another way: Senator Simon’s crusade against illegal online sports betting will not adversely impact the Seminole Tribe.

What Are the Chances Senate Bill 1404 Gets Passed?

This will remain an open question for at least the next couple of weeks. The Fiscal Policy Committee is expected to spend a good amount of time reviewing it.

One potential issue continues to be spotlighted: Senator Simon’s bill does not include Florida daily fantasy betting. Some policymakers want it to stay that way. Others want the proposal to expand its wording.

At the same time, there is a separate Florida sports betting bill that aims to extricate daily fantasy sites from the market. Certain companies have already closed up shop after receiving cease and desist. So, whether SB 1404 broadens its scope may not matter. Florida daily fantasy sports betting seems fated to be cracked down upon as well.

If Senator Simon’s bill passes, though, sweepstakes casinos will have until October 1, 2025, to vacate the market. Though others continue to lobby against its passage, we expect SB 1404 to eventually be signed into law.

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