Is Florida Online Sports Betting About to Start a Trend Across the USA?

The future of sports betting in Florida has remained in litigation for years. This case traveled through the District Court and the Florida Supreme Court. Finally, it made its way to the United States Supreme Court (SCOTUS). And by opting not to hear it, SCOTUS effectively allows the Seminole Tribe and The Sunshine State to continue their sports betting operations in their current forms.

And yet, even though Florida is the primary impacted party, the outcome of this case will have ripple effects. Some have even called a precedent. 

What does that mean? Let’s break it all down.

What Are the Current Laws of Florida Online Sports Betting

Many will be confused when they see the conversations around Florida online sports betting. After all, isn’t retail wagering exclusively legal in The Sunshine State? Yes, and no.

On a macro level, Florida online sports betting is not legal. This is to say, not just any one of the top online sportsbooks in the United States can set up shop in the market. In fact, as of now, the Seminole Tribe is the only entity to sign a sports betting compact with The Sunshine State.

The terms of compact do not technically allow for Florida online sports betting. But they permit sports betting on Seminole property. This usually takes the form of sportsbooks in casinos. However, in partnership with Hard Rock Sportsbook, the Seminoles rolled out a Florida online sports betting app. 

Letter of the law suggests bets with the Hard Rock app must be placed on tribal property. But the Hard Rock mobile betting site actually accepts wagers from anywhere in the state. 

The Seminoles have argued this fits within their agreement. Their position is that because the servers operating their Florida sports betting app are on tribal property, the app itself is an extension of that property.

West Flagler and Bonita have never once agreed with this interpretation. That is what prompted them to bring a lawsuit in the first place. And while they have a District Court judge on their side, this latest ruling all but eliminates the possibility they can overturn the Seminole Tribe gaming compact. 

Legal Experts Expect Other States to Follow in Florida’s Footsteps

This is where the trickle-down effects kick in. Shortly after SCOTUS’ decision, ESPN’s Doug Greenberg explored the possibility of other states using the outcome to their advantage. We actually covered his feature on how the Florida sports betting decision could impact other states extensively in this space. Now, though, a sports betting legal expert has come out and discussed the same thing. Daniel Wallach is a South Florida attorney and sports betting law expert. He offered these thoughts to the Associated Press:

“[The] decision could encourage other tribes to follow the same path to operate online gambling, Wallach said. ‘Tribes in other states stand to benefit from this decision because now they have a clear roadmap that has cleared judicial review,’ Wallach said.’I would expect to see efforts ramped up in other states.’”

To be sure, the Seminole Tribe won’t be used as precedent simply because they have a Florida online sports betting app. Other tribes have created mobile betting sites under similar circumstances. In most states that only legalized in-person wagering, at least some sportsbooks have a betting app you can download. The catch: You can only process transactions while on the sportsbook’s property.

This is where the Seminole Tribe’s model differs. Their belief that the app is an extension of their property means anyone in Florida can use it from anywhere inside the region. And because it is to some extent validated now, it sets the stage for states with retail but no online sports betting to try broadening their horizons.

Which State is Most Likely to Try Mimicking Florida Online Sports Betting?

Plenty of states are thrown out as answers to this question. California and Texas come up most often. But their candidacy is flawed. The Florida online sports betting compact works so well because very few are able to contest it. The Sunshine State does not have as many tribes as, say, California—which recognizes over 100. Any state that mirrors Florida likely needs to have no more than a handful of federally recognized tribes. 

This is why we are keeping our eyes on sports betting in Wisconsin. 

Right now, similar to Florida, Wisconsin online sports betting is limited to tribes. Unlike Florida, though, the on-site sportsbooks with apps only permit use on their property. That makes Wisconsin primed to try opening their gaming compact up for interpretation. And because The Badger State currently has just seven locations with sportsbooks, it’s easier for them to either collaborate or operate independently without facing a ton of opposition.

As far as we’re concerned, Florida online sports betting could inspire Wisconsin sportsbooks to try pushing the mill tomorrow. Will we predict it? No. Absolutely not. But we won’t rule it out.

Don’t Be Surprised If This Starts a Trend…And Here’s Why

Officials (as well as members of the voting population) have expressed interest in Wisconsin online sports betting. Tribal officials themselves have even deemed it inevitable. That could lead them to try accelerating the process.

On the surface, that might not make sense. Dig deeper, and it does. Consider the Seminoles. They have a Florida online sports betting site before anyone else. If and when more online sportsbooks in the USA join the party, the Seminoles will already have an extensive client list. And that, perhaps more than anything else, is why we can see Wisconsin and operators in other states trying to go this direction.

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: