Since gambling is an industry that is regulated on a state basis in the US, the legal status of casinos, sports betting, and other forms of gambling may differ from state to state. Florida is one of the states that are currently in the process of possibly expanding their gambling sector, giving locals more opportunities for casino and sportsbook betting. That said, amendments to the state law are yet to be introduced and there is no guarantee for the future of gambling in the Sunshine State.
Back in the day, Florida used to be way ahead of other states when it came to legalizing horse and greyhound racing. It was also the first state in the South to legalize lottery and is also the only state in the region to host card clubs. Florida was also among the first states in the southeast to launch casinos, following only Mississippi and Louisiana.
Unfortunately, attempts for gambling expansion have not been successful during the Great Depression years. It was in 1986 that the lottery was legalized in the state and later on the state also passed poker. Following the enactment of the Indian Gaming Regulatory Act, Florida also allowed tribal gambling, establishing the launch of several land-based casinos on the territories of the Seminole and the Miccosukee tribes.
In 2022, there is a chance for the current gambling scene in Florida to change, expanding the market to more than just tribal casinos. This, however, is an issue that needs the votes of residents of the Sunshine State, as well as the approval of the state lawmakers.
Gambling Regulations in Florida
Under Section 849.08 of the Florida code, any person who engages in any type of cards game, roulette, keno, faro, or other games that fall under the category of games of chance, plays for real money or another prize of value, and participates at any place on any type of device is guilty of a second-degree misdemeanor.
Despite the aforementioned section, the Florida code does not specifically mention any regulations on online gaming. What is more, residents of the Sunshine State are allowed to participate in home games. Since there are no particular actions taken against those who play online, most casino enthusiasts based in Florida resort to registering and playing on offshore casino sites. According to the state law, Floridians must be at least 21 years of age to be able to participate in casino activities, while the minimum legal age for lottery, horse and greyhound race betting, bingo, jai alai, and poker participation is 18.
Those who violate the gambling law will be penalized according to Sections 775.082 and 775.083 of the Florida code. Under the state code, the penalties for second-degree misdemeanors include imprisonment of no more than 60 days or serving probation of 6 months. Another penalty that individuals who have broken the law may face includes a fine of $500.
Tribal Land-Based Casinos in Florida
Online Casino Gambling in Florida
Other Forms of Gambling in Florida
Sports Betting
Tribal Land-Based Casinos in Florida
Currently, only tribal land-based casinos can legally offer gaming services in the territory of Florida. They were introduced with the enactment of the Indian Gaming Regulatory Act on October 17, 1988. The act was passed to introduce regulations on gambling activities on Indian Lands. There are two tribes on the territory of the Sunshine State, with both of them operating a total of seven land-based casinos under the aforementioned act.
The majority of the tribal brick-and-mortar casinos in Florida are operated by the Seminole Tribe. It owns a total of six casinos, including two hotel and casino facilities from the popular Hard Rock brand. The seventh land-based casino that operates in Florida is owned by the Miccosukee tribe.
The tribal land-based casinos located in Florida are permitted to offer gambling products such as gaming machines, poker, and bingo. At some of the Seminole casinos, players can also find different table games like blackjack and various poker variations. The seven tribal casinos are located across the areas of Tampa, Coconut Creek, Hollywood, Miami, and Immokalee.
Online Casino Gambling in Florida
Despite legalizing land-based casino operations on the territories of the two tribes mentioned above, the Sunshine State still has not introduced legal online gambling. As no amendments to the law have been introduced, currently, no casino operators have been allowed to apply for a license for online casino operations in Florida. That said, in the upcoming years, this may change as state lawmakers are open to the idea of gambling expansion.
Even though there is some hope for online gambling launching in Florida soon, it is too early to predict which operators will be the firsts to launch online casinos in the state. At the moment, the only type of online casino entertainment that Floridians can enjoy includes social games, many of which are also offered by tribal casinos operating in Florida.
Other Forms of Gambling in Florida
Through the introduction of card rooms in 2003, the state of Florida legalized poker. According to the law, however, the betting limit per single round must not exceed $2, and players are allowed up to three raises in a single betting round. A card room accepting higher bets or allowing more than three raises per round is in violation of state law.
Florida is known as one of the biggest poker hubs in the states, with numerous card rooms located across the Sunshine State. While there are plenty of locations to choose from if you want to play poker at a card room, the state of Florida still has not legalized online poker and there are no legal options for online poker play. Some players opt for playing at offshore poker rooms but this is definitely a risky move as such websites are not licensed and are considered as a violation of state law.
Sports Betting
The current legal status of sports betting in Florida is a bit confusing as there have been many attempts to legalize this form of gambling. In fact, in May 2021, the Florida House approved a gaming expansion of the Seminole Tribe gaming compact. If this expansion passes, it can finally introduce sports betting in Florida.
In August 2021, the federal Department of the Interior showed signs of approval of the sports betting compact as it allowed it to be published in the Federal Register. The compact faced several challenges as there was a lot of disapproval of the compact and the potential of launching sports betting in Florida soon.
In November, the Seminole tribe launched the first sportsbook app in Florida, even though there were still legal challenges that made it difficult for the newly launched Hard Rock sportsbook to operate properly. Later that month, a federal court annulled the sports betting compact between the state of Florida and the Seminole tribe. In December, the Seminole tribe was forced to put on halt its Hard Rock sportsbook app.
The huge betting companies FanDuel and DraftKings also show interest in launching sports betting in the Sunshine State. This is why they launched a signature campaign where they need 900,000 signatures to include the sports betting issue in the 2022 ballot. At the time of writing this article, it is still not sure what the future of sports betting in Florida is going to be.
Gambling Taxes in Florida
The International Revenue Service (IRS) requires that all gambling winnings are subjected to taxation. This applies to every state in the US, including Florida which legally offers several forms of gambling. The tax that residents of the Sunshine State are required to pay applies to earnings accumulated by playing casino games or betting on racetracks, game shows, poker, bingo.
Gambling income should be reported in your tax return under the Other Income section on Schedule 1 – eFilelT. Depending on the amount that is won, players might be presented with the Form W-2G which indicated the value of one’s winnings and the flat rate that was withheld.
Players who win enough for a W-2G will be provided with the form by January 31 of the year that follows the year of their winnings. The usual flat tax rate that is applied to gambling winnings is 24%. Players receive W-2G if they win $1,200 or more on bingo or slots, $1,500 or more on keno, $5,000 or more on poker, $600 or more, a minimum of 300x their bet, or any amount that is subjected to taxation according to federal law. If players do not receive such a form, they need to report their winnings on their tax returns.
Closing Thoughts
Currently, gambling fans residing in Florida will mostly have different options for land-based wagering. This includes poker in authorized card rooms, lottery games, and horse and greyhound race betting. As of now, casino games can only be legally played at the seven tribal casinos located in different areas in Florida.
Under the Indian Gaming Regulatory Act of 1988, the Seminole tribe and the Miccosukee tribe have been authorized to offer casino-type of entertainment to people in Florida. The Seminole tribe also had attempted to further expand its presence on the gambling market in the Sunshine State. While the tribe managed to launch a sportsbook app in November 2021, it was forced to close it after it had been in operation for only a month.
With no new laws being approved by the state, Floridians are still allowed to participate only in certain gambling activities which are conducted only at authorized land-based facilities. Meanwhile, online gambling still remains unregulated and it is unclear whether residents of Florida will be able to legally bet online any time soon.