Seminole Tribe Makes Unique Push to Regain Control of Legal Sports Betting in Florida

Dan Favale
By , Updated on: Sep 30, 2022 12:00 AM
OSB has the latest details of the Seminole Tribe's attempt to reinstitute legal sports betting in Florida.

It has become a cliche to call the battle for legalizing Florida online sports betting a disaster. Of course, that doesn't make it any less true. The fight over sports betting in Florida has, indeed, devolved into a categorical disaster.

Well, guess what? That doesn't appear to be changing anytime soon.

If anything, the issue of sports betting in Florida is only getting more contentious—and confusing.

Though there are a bunch of sides contributing to the tense climate in the Sunshine State, the Seminole Tribe is most responsible for the latest head-scratching development. They have amended their argument to regain control of the betting market in a way that, frankly, leaves many experts puzzled.

Will this newest wrinkle complicate the uncertain future of Florida sports betting? Might it actually contribute towards a resolution? Failing that, just what the heck is going on? Join us as we search for clarity on a matter that has delivered an unending number of twists and turns.

Details of the Sunshine State's Sports Betting Battle

Before we get into what the Seminole Tribe recently did, we must first unpack how we even got here. The details have been talked about ad nauseam, including within this space, but the situation is so unique that it bears recapping.

It all started when the Seminole Tribe agreed to a decades-long gaming compact with the state of Florida. Under the terms of the agreement, which was endorsed by the perpetually bumbling governor Ron DeSantis, the Seminole Tribe was granted absolute exclusivity over the market for sports betting in Florida. This meant that other tribal-operated casinos wouldn't be allowed to open up sportsbooks. It also meant that popular corporate and retail online sportsbooks—Caesars, BetMGM, FanDuel, etc.—would remain precluded from doing any business in the state.

This predictably rankled other Florida tribes, as well as the larger online sportsbooks. But the discontent reached fever pitch shortly after the rollout of legal gambling was made official.

Most initially thought all forms of online sports betting would be prohibited in Florida. As it turns out, though, the Seminole Tribe was authorized to accept mobile bets on their grounds. This created a furor. Remember: Tribal grounds are not just the casinos themselves, but they are more widespread. Officials from other tribes, in addition to retail online sportsbooks, argued that this was an unfair workaround and also represented an unconstitutional monopoly.

In the end, a District Judge agreed. So, after sports betting in Florida stayed live for barely a month, it was pulled back in January 2022. And it has remained in that stalemate ever since.

Seminole Tribe Amends Argument for Control of Florida Sports Betting

Throughout this debacle, the Seminole Tribe has insisted on maintaining their gaming exclusivity while noting their mobile-betting operations didn't violate anything. However, in a recent joint court filing with the United States Department of the Interior, the tribe amended their original argument. Here is what they are claiming now, per Forbes:

"In appellate briefs recently filed with the D.C. Circuit, both entities are asserting that the compact did not 'authorize' online sports betting at all. Rather, they insist that the compact authorized only in-person betting on tribal lands and that the online sports betting component was authorized solely by Florida state law. As described by the Department of the Interior – and similarly asserted by the Tribe – the sports betting provisions of the compact 'reflect a permissible hybrid approach, wherein gaming activity that occurs off of the Tribe’s Indian lands is authorized under state law, and gaming activity that occur on Indian lands is authorized by IGRA pursuant to the Compact.'"

It's understandable if you're confused by this overly convoluted language. In essence, though, the Seminole Tribe is arguing that they didn't authorize online sports betting via their own mobile sites. It was a state law provision, which means they didn't violate anything.

If the D.C. Circuit court sides with the Seminole Tribe, sports betting in Florida could be re-instituted without any changes. Ergo, the Seminole Tribe would retain exclusivity over both in-person and online gaming.

Prepare for More Twists and Turns in Florida Sports Betting Battle

With all of that said, virtually no one believes this legal matter will end with the D.C. Circuit courts.

Most experts think the Florida sports betting issue will be elevated to the Supreme Court in due time. They also don't see a world in which the Seminole Tribe is granted exclusivity over online gaming rights. Instead, this debacle should end one of two ways: Either Florida legalizes only in-person betting through the Seminole Tribe, or they open up the gates to include retail online sportsbooks.

How this saga ultimately ends is anyone's guess. The only certainty is that a resolution, whatever it is, will take a while. So if you're looking to bet on sports in Florida, we recommend signing up with one of the sites that appear in our reviews of the top online sportsbooks. You can also travel to neighboring states and legally place wagers both in-person and online.

Other than that, all Florida sports bettors can do is wait. And then wait some more. And then keep waiting. Because, at this rate, the issue of sports betting in Florida doesn't seem like it will reach a concrete conclusion before 2024.

Take a look at this list of the top online sportsbooks so you can decide which one to use for all of your sports betting needs:

Meet the author

Dan Favale

Dan first began writing about sports back in 2011. At the time, his expertise lied in the NBA and NFL. More than one decade, that remains the case. But he's also expanded his catalog to include extensive knowledge and analysis on the NHL, MLB, tennis, NASCAR, college ba...

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