Has Florida Laid the Blueprint for the Legalization of Georgia Sports Betting?

Dan Favale
By , Updated on: Jul 24, 2024 12:00 AM
Could the United State Supreme Court’s non-decision in Florida have any impact on the future of Georgia sports betting legalization talks?

Months after another failed attempt to legalize Georgia sports betting, industry experts and enthusiasts are left wondering what happens next.

Could the current model for sports betting in Florida hold the answer?

Many are no doubt pondering the question. Of course, this isn’t unique to the future of sports betting in Georgia. All across the country, people are asking whether the decision by the United States Supreme Court to avoid ruling on gambling in the Sunshine State opens doors elsewhere. Heck, many have pointed out that it’s not just states without sports betting that stand to benefit. We may even see shifts in how regions with legal sports betting approach agreements and logistics.

Why is this happening? And more importantly for this discussion, can it apply to the Georgia sports betting timeline

What’s Happening with Florida Sports Betting That has So Many People Buzzing?

After more than two years of stop-and-start litigation, Florida sports betting has reached the closest thing to a resolution we can imagine. And it’s one that will pique the attention of Georgia sports betting supporters.

The issue began around the end of 2021. That’s when the Seminole Tribe launched Florida sports betting operations. Their rollout was part of a gaming compact they agreed to with Governor Ron DeSantis and his office. Under the terms of the deal, they are granted exclusivity to Florida sports betting operations.

This naturally didn’t, and still doesn’t, fly with everyone. West Flagler Associates, a gaming operator based out of Florida, proceeded to take action. They filed a lawsuit alleging that the Seminole tribe sports betting compact violated the Indian Gaming Regulatory Act. Their argument remains multifold. For the most part, though, it focuses on the Hard Rock sports betting app rolled out by the Seminole tribe. Back then, anyone inside the state of Florida could use it from everywhere. West Flagler maintains that’s illegal, because all sports betting is supposed to take place on tribal property.

A United States District Court judge agreed with West Flagler’s interpretation. As a result, Florida sports betting was repealed prior to the start of 2022. Until recently, it proceeded to remain tied up in litigation.

Everything changed with the Florida Supreme Court. The Seminole tribe argued that they weren’t operating like other online sportsbooks in the United States. The servers responsible for running the Hard Rock Florida sports betting app, they say, are located on tribal grounds. In their mind, this makes the Seminole tribe sports betting app an extension of tribal property.

How Does All of This Potentially Impact Georgia Sports Betting?

The Florida Supreme Court agrees. That’s why West Flagler put their case before the United States Supreme Court. The latter has opted out of hearing the case. That not only paves the way for Florida sports betting to continue, but it sets up potential discussions for the Georgia sports betting market.

As a bunch of experts have since discussed, states without sports betting could try pushing for legalization through gaming compacts rather than constitutional amendments. Georgia is possibly one such candidate. 

“The implications of this case not only affect Florida, but states across the nation with strong tribal presences who are considering entering the sports betting industry and even some that already have it,” writes ESPN’s Doug Greenberg. “But the larger impact of this legal decision is how it could affect states with strong tribal presences that do not already have sports betting.”

Whether Georgia sports betting legalization falls under this umbrella is debatable. The state recognizes three separate tribes. However, none of them are recognized by the federal government. That could wind up for thorny interpretations of the law.

And yet, by overturning the Professional and Amateur Sports Protection Act more than five years ago, SCOTUS effectively left the decision of whether to legalize sports betting in the hands of each individual state. If officials are willing to negotiate with tribes, it stands to reason that the legalization of Georgia sports betting may not require a constitutional amendment.

Will Georgia Explore This Option for Sports Betting Legalization?

Unlike other states, the Peach State feels like a good bet to explore the Florida sports betting model. Some Georgia officials have already advocated for sports betting legalization without a constitutional amendment. That lays the groundwork to visit the Sunshine State’s situation.

Beyond that, Georgia only needs to negotiate with three tribes. That’s an advantage. Take the future of California sports betting as a counterpoint. It will be hard for them to negotiate individual gaming compacts when the state recognizes over 100 tribes in the region. They could pick and choose which tribes get licenses, but that’s likely to foment contempt. 

Remember, that’s basically what’s happening with Oklahoma sports betting. Governor Kevin Stitt has drawn the ire of state tribes for a lack of collaboration and attempting to broker gaming compacts with only a few. The road to Georgia sports betting shouldn’t have that issue. Negotiations aren’t a no-brainer. But they should be cleaner—more realistic.

Whether officials are willing to explore this path to sports betting legalization is a separate matter. Many in the Georgia House of Representatives and Senate prefer the constitutional amendment route. In fact, the division over how Georgia sports betting gets legalized essentially killed momentum during the last round of legislative discussion.

With that said, this all took place before SCOTUS basically upheld the Florida online sports betting model. While we can’t predict what will happen next, this scenario should at least wind up on the table. Put another way: It would be genuinely surprising if Georgia sports betting talks in 2025 don’t openly consider what’s happening in Florida.

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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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