Courts Pave Way For Florida to Enter Legal Sports Betting Market … So Why the Holdup?

The battle for online sports betting sites to enter Florida remains murky, despite recent court rulings that have paved the way for the Seminole Tribe and their Hard Rock Bet platform to launch. However, several obstacles have prevented this from happening.

The evolving narrative of legal Florida sports betting took a new turn on Thursday as the U.S. Court of Appeals for the District of Columbia rejected a request by West Flagler Associates, the owner of two Florida parimutuels, to halt a lower court decision that paved the way for the Seminoles to introduce their Florida sports betting app.

The lower court ruling had the potential to launch online sports betting sites in Florida by September 19, but the Seminole Tribe has not shown any initiative to introduce their Hard Rock Bet brand.

Gary Bitner, a spokesperson for the tribe, stated this week that while it is a positive development, it will not immediately impact the Seminole Tribe’s plans.

A little back story

The Seminole Tribe has long been dominant in the gambling industry in Florida, holding a near monopoly. In 2021, Governor Ron DeSantis expanded the tribal compact to include legal sports betting, granting the Seminoles authority to oversee a future sports betting platform in the state and solidify their control over the gambling market in Florida.

Since then, numerous challengers have emerged to contest the renegotiated compact, leading to lawsuits against the agreement.

The Seminole Tribe proceeded with the launch of their mobile sports betting brand, which operated for a 34-day period in 2021, until legal action by opponents of the renegotiated compact forced them to shut down.

In 2023, West Flagler Associates’ objection to the virtual Seminole Tribe monopoly was recently ruled against by the U.S. Court of Appeals for the District of Columbia District.

West Flagler’s request for an en banc hearing regarding their objection was denied, and a June court ruling on the wording of the Florida State/Seminole Compact was upheld. On Thursday, the Appeals Court rejected a motion for a stay filed by opponents of the Seminole deal.

Two court cases are still pending against the Seminole’s compact with the state, which could delay the launch of legal mobile sports betting in Florida. Although the decision ultimately rests with the Seminole Tribe, it seems that a more careful and deliberate approach will be taken.

Seminole Tribe could have launched sports betting brand already

In 2021, the Seminole Tribe attempted to launch their legal mobile sports betting brand, but it was shut down by the courts. After gaining valuable experience, the Tribe is taking a more cautious approach to their upcoming launch.

The Seminoles have the chance to start their sports betting operations in Florida at any time, as the law currently supports them. However, it remains uncertain when residents of Florida will be able to legally place sports bets without having to leave the state.

What’s next?

West Flagler Associates seems to be continuing their legal battles against a legal sports betting platform in Florida. They have teamed up with Bonita-Fort Meyers Corporation in one case to challenge the wording of the 2021 gaming compact.

The case is scheduled to be heard by the Florida Supreme Court, which will determine whether the negotiated compact violates Amendment 3 of the Florida Constitution, which grants voters the sole authority to approve casino gambling in the state.

The ongoing legal battles and objections in the Florida sports betting industry, particularly from West Flagler, suggest that the disputes are likely to persist in the coming years. As a result, no one stands to benefit – not the sports bettors in Florida, the local sports teams, or the tax revenues that were expected to receive significant funding from the Seminole Tribe’s gambling operations under the 2021 compact.