Florida Sports Betting Hurdles Remain Despite Seminole Appeals Court Victory

Article ByDavid Weir

July 7, 2023

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Posted in: US Sports Betting News, Florida Gambling News

This week was a landmark legal victory for the Seminole Tribe of Florida against a lawsuit that wanted to stop it from offering sports betting in Florida. However, the future launch of any regulated sportsbook in the Sunshine State is still uncertain.

On Monday, July 3, the DC Circuit Court of Appeals overturned a District Court decision that had previously blocked regulated sports betting in the state.

Under the terms of a 2021 tribal gaming compact, the Seminole negotiated with the state of Florida and Governor Ron DeSantis (R), the tribe was entitled to do so – giving them an essential monopoly on Florida sports betting.

West Flagler, a Florida-based casino operator, sought to block the Seminole Hard Rock gaming brand from opening a sportsbook by filing a lawsuit against the Department of Interior, which ratified the compact.

This week, the appeals court reaffirmed the Seminole right to operate a sportsbook, and ordered the Department of Interior to reinstate the compact.

It was and is a significant victory.  

However, the decision did not address some of the larger issues surrounding the Indian Gaming Regulatory Act (IGRA). This presents a number of stumbling blocks to any potential launch of a Hard Rock sports betting operation in its owner’s home state.

What’s Next for Florida Sports Betting?

The Hard Rock Sportsbook brand could, theoretically, be imminently.back up and running in Florida.

However, according to D.C Circuit Court of Appeal rules (Circuit Rule 35) parties have the right to appeal the ruling for 45 days. This means that the judge’s decision is not mandated until then.  

So that means any online sportsbook launch would be on legally shaky ground. Which is not ideal for a big international brand like the Hard Rock.

But stranger things have happened. Back in late 2021, the Hard Rock Digital sportsbook launched in Florida for 30 days before being taken down. And the Seminole would have been well aware of the contentious ongoing discussions on the issue, even at the time.

However, all of that doesn’t consider that the legal fight could very well continue during this 45-day period anyway.  

That’s because the plaintiff, West Flagler, has a few remaining options.

It could seek a rehearing en banc, in front of the entire Circuit Court. Or it could petition the Supreme Court, arguing that the case merits review at the nation’s highest court because of the wider implications for tribal gaming rights.

Largest Market Potential

The decision by the DC Circuit Court of Appeals has the potential to significantly impact the sports betting landscape in Florida. But it might take a while to see what those changes might be.

The Seminole Tribe of Florida stands to gain financially if the decision stands. But the time line for the launch of regulated sports betting remains uncertain.

If allowed to open, the Seminole Tribe would have a monopoly on what would be the largest legal sports betting market by population in the US.

Florida has 21.7 million residents, compared to the current highest population legal state market, New York, which is home to 19.8 million people.