Gambling in Florida: DOI Receives Supreme Court Extension
Case Could Have Bearing on Sports Betting in Sunshine State
The U.S. Department of the Interior has been given a 30-day extension by the U.S. Supreme Court to respond to a brief filed by West Flagler Associates. U.S. Solicitor General Elizabeth Prelogar requested the extension on Tuesday, simply stating, “This extension is requested to complete preparation of the government’s response, which was delayed because of the heavy press of earlier assigned cases to the attorneys handling this
matter.”
Sports betting attorney Daniel Wallach said on social media Wednesday the extension was approved. That gives the DOI until April 12 to respond to the lawsuit, which could have a lasting impact on gambling in Florida.
The State of Florida and the Seminole Tribe of Florida signed a gambling compact in 2021, which gave control of sports betting to the Seminoles. The compact falls under the Indian Gaming Regulations Act, which states gambling can only take place on tribal lands.
However, the compact signed between Florida and the Seminoles claimed bets made through servers on tribal grounds are deemed to take place on tribal grounds.
Many people expected the Department of Interior’s Bureau of Indian Affairs to strike down the compact. Previous court decisions said bets made through servers on tribal grounds do not constitute wagers made on tribal grounds.
Both the person making the bet and accepting the bet have to be physically located on tribal grounds. The compact was allowed to proceed, however, and West Flagler filed a lawsuit. West Flagler won in U.S. district court, but an appellate court overturned that decision.
West Flagler, which operates as Magic City Casino in Miami, then petitioned the Supreme Court. The Supreme Court’s decision could not only affect gambling in Florida, but also other states.
Fantasy Sports Companies Comply
In other Florida gambling news, three daily fantasy sports operators decided to comply with the Florida Gaming Control Commission. The commission sent PrizePicks and Underdog Fantasy letters in September 2023 asking them to stop offering “pick’em” fantasy contests.
When the companies continued to operate, a second letter was sent in February, giving the DFS operators until March 1 to comply or face stiff consequences.
“If the cessation is completed within that time frame, the Commission will deem the company and all its officials, directors and employees to have complied with the demands of the cease-and-desist order, and the Commission will not take further action, including referral to the Office of Statewide Prosecution or to any State Attorney,” the second letter stated.
Betr and Prize Picks have stopped operating in Florida altogether. Underdog Fantasy is now just offering the traditional DFS games. Other DFS companies in the igaming industry are operating in the state, but not offering pick’em games. Those types of wagers resemble player prop parlays a little too much for Florida’s liking.
The state’s compact with the Seminoles prohibits anybody else from offering sports gambling in Florida. With Florida expecting to receive more than $500 million annually from the Seminoles for the next five years, the state will protect its interests.
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