Florida Online Casinos

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With lawmakers and local stakeholders primarily focused on sports betting in recent years, there have been no serious efforts to regulate online casinos in Florida.

However, now that the sports betting issue has been resolved, the key players who will guide future Florida online gambling discussions have a lot more time on their hands to focus on other matters.

Florida residents can use sweepstakes gambling sites to play casino-style games like slots and blackjack for real prizes, all with no purchase necessary.

Recommended Florida sweepstakes casinos:

Social casinos operate under US sweepstakes laws, which allow them to offer games without requiring cash wagers. Instead, players use virtual currencies to participate and can redeem winnings for cash prizes.

However, players should know that Florida sweepstakes gambling sites operate in a legal grey area. The state does not actively prohibit sweepstakes casinos, but they face increasing scrutiny and a growing number of civil lawsuits in numerous states, including Florida.

Florida Law on Sweepstakes Casinos

Florida is one of a few states that regulate sweepstakes-style promotions.

More specifically, FL Stat § 849.094 regulates “game promotion in connection with [the] sale of consumer products or services.”

The law emphasizes consumer protection, including several provisions that require operators to:

  • File with the Florida Department of Agriculture and Consumer Services (FDACS) seven days before holding sweepstakes with prizes exceeding $5,000.
  • Maintain a surety bond or statement of trust to ensure they can pay all promised prizes to winners.
  • Provide mechanisms for contestants to participate for free and with no purchase necessary.

The law does not specifically target sweepstakes casinos, but it still applies to their operations in Florida. For example, most sweepstakes casinos in Florida limit the maximum win in any single instance to $5,000 due to the seven-day filing requirement noted above.

Here’s an excerpt from one popular sweepstakes casino:

“In Florida, the maximum redemption value of Stake Cash prize won on any one Game or play, via a Participant’s participation in the Sweepstakes is USD$5,000. Any redemption of a Prize valued in excess of USD$5,000 will not be allocated or paid.”

Other Gambling Laws Still Apply

Although reputable social casinos comply with Florida’s sweepstakes rules, they’re not immune to other gambling-related laws.

FL Stat § 849.094(8)(b) explains:

“Compliance with the rules of the Department of Agriculture and Consumer Services does not authorize and is not a defense to a charge of possession of a slot machine or device or any other device or a violation of any other law.”

Increasingly, the legality of sweepstakes casinos in Florida is coming under question despite compliance with the provisions outlined above.

Knapp v. VGW Holdings Ltd.

A lawsuit filed in Florida against VGW Holdings (the parent company of Global Poker and Chumba Casino) highlights the legal questions sweepstakes operators face nationwide.

Knapp v. VGW Holdings Ltd. accuses VGW Holdings of:

  • Violating FL Stat §§ 849.08, 849.14, which prohibit unlicensed lotteries and wagering anything of value on games of chance
  • Violating FL Stat § 502.201, the Florida Deceptive and Unfair Trade Practices Act, by misrepresenting illegal gambling games as legal sweepstakes

The lawsuit also accuses WorldPay Inc., VGW’s payment processor, of violating FL Stat §§ 849.29, which deals with recovering gambling losses from third parties involved in illegal gambling agreements.

Knapp v. VGW Holdings, Ltd., is scheduled for mediation or trial in 2025. A ruling against VGW Holdings could permanently shut down sweepstakes casinos in Florida.

See this piece by gaming attorneys James Meggesto and Samir Patel for an excellent explanation of the case and its implications for sweepstakes casino operators.

The odds that Florida will legalize online gambling are improving.

Florida has not witnessed any serious attempts to legalize online casinos since legalizing sports betting, but the Seminole Tribe may be preparing to make a push soon.

As Ryan Butler reported from the 2024 National Council of Legislators from Gaming States (NCLGS) Winter Meeting, the Seminoles “are set to discuss a compact deal in 2025 that would allow online casino gaming…”

Additionally, legalizing sports betting improved the odds of legalizing online gambling in several respects:

  1. Florida’s stakeholders, particularly the Seminole Tribe and pari-mutuel operators, have more time to take up other initiatives now that they’ve resolved the multi-year legal battle over sports betting.
  2. The successful deployment of online sports betting and the revenue it generates makes online gambling an easier sell to the public and Florida lawmakers.
  3. Florida has gained regulatory experience, and the Seminoles have gained operating experience.

However, Florida’s unique gambling landscape complicates the path to legalization. Thus, it is impossible to predict with any certainty when the first Florida online casinos will launch.

Key Challenges to Legal Online Gambling in Florida

Several factors could complicate any efforts to legalize online gambling in Florida.

However, the Seminole Tribe has indicated it may be amenable to forming partnerships with commercial operators to offer online gambling in Florida.

In that case, any remaining challenges become insignificant, and Florida may have a straightforward path to legalizing online casinos via compact renegotiations.

If those reports are accurate, the first legal and licensed Florida gambling sites may launch sooner than expected.

That said, there are still numerous obstacles that could trip up any efforts to legalize online gambling, particularly in the absence of a united tribal-commercial operator front.

The Seminole Tribe has exclusivity over numerous classic casino games in Florida, including blackjack, baccarat, craps, and roulette.

In return, the Seminoles make monthly payments to the state totaling hundreds of millions of dollars annually as a part of their gaming compact with the state.

Any expansion of online gambling will require negotiations with the tribe. If the Seminoles dislike a particular proposal, that plan is almost certainly dead on arrival.

Additionally, the Seminoles’ successful legal defense of their Florida sports betting operation and subsequent agreement with West Flagler to end all future litigation further strengthened the tribe’s position in any future talks.

Pari-mutuel operators, the Seminole Tribe, and commercial gambling brands have conflicting interests that will make it difficult to reach a consensus on legalizing online casinos in Florida.

The Seminole Tribe is well-positioned to seek complete control over the Florida online gambling market if it wishes due to three key advantages it holds over other would-be operators:

  • Exclusivity rights over multiple categories of casino games
  • Momentum from winning its protracted legal battle to become Florida’s monopoly online sports betting operator
  • Leverage afforded by its massive revenue payments to the state

In contrast, Florida pari-mutuel operators and commercial gambling brands need a competitive open market for a chance to participate in one of the nation’s most promising online gambling markets.

However, some reports have indicated the Seminole Tribe is considering partnerships with pari-mutuel operators and gambling brands like FanDuel Casino and BetMGM Casino.

Amendment 3, which Florida voters approved in 2018, prevents lawmakers from legalizing additional forms of gambling via simple legislation.

Under Amendment 3, any “casino gambling” expansion requires a Constitutional amendment, which in turn requires 60% voter approval in a statewide referendum.

The legal basis for the Seminole Tribe offering online sports betting in Florida rests on several points, including the fact that their gaming compact with the state considers all wagers as occurring on tribal land if they pass through a tribal server.

Although a federal appeals court sided with the Seminoles, the ruling did not directly address whether wagers routed through tribal servers occur on tribal land. That remains an unanswered question and a potential stumbling block for similar efforts to legalize online casinos in Florida.

Although Florida could approach legal online gambling in any number of ways, the simplest path lies with the Seminole Tribe and the “hub and spoke” model implemented in their 2021 gaming compact with the state.

The hub-and-spoke model offers several advantages to the tribe and state that will make it an attractive option when Florida legalizes online gambling:

  • Battle Tested: Florida used the hub-and-spoke model successfully to legalize online sports betting without triggering a constitutional amendment
  • Tribe-Friendly: Even if the state opts for an open market, the Seminoles retain significant control because all wagers placed with Florida online casinos must pass through servers on tribal land
  • Cost Effective: The tribe and state could leverage the existing infrastructure and regulatory framework for sports betting for cost and time savings
  • Regulator-Friendly: The “hub” in the hub and spoke model makes it easier for Florida regulators to monitor compliance with the gaming compact

Based on the Florida sports betting approach, recent reports on the Seminole Tribe’s plans, and models implemented in other states, the Florida online gambling framework could take one of several formats:

Under a limited partnership framework based on the spoke and hub model, the Seminoles could reach agreements with multiple commercial operators but retain significant control over the Florida online gambling market.

The Tribe would hold the state’s only online casino license but partner with a limited number of operators to serve as branded “skins.”  Tribal servers would serve as the hub, and commercial operators would be the spokes.

This approach would ensure the Seminoles remain the primary beneficiaries of legal online gambling in Florida while still allowing commercial operators to participate.

Customers fare the best in competitive markets as operators strive to outdo one another in terms of online gambling bonuses, rewards programs, expanded game catalogs, and other offerings.

The Seminoles could also seek monopoly control over the Florida online gambling market, the same approach they took when renegotiating their gaming compact with the state in 2021.

Under a monopoly framework, the Seminoles would be the sole entity authorized to offer online gambling, likely under the Hard Rock Online Casino brand. Users’ devices would be the spokes, and servers on tribal land would be the hub.

Monopoly markets typically result in less advertising spend and reduced promotions due to the lack of competitive pressure. For instance, welcome bonuses are rare in the Rhode Island online gambling market.

In theory, Florida could legalize online gambling independently of the Seminole Tribe and establish a licensing system similar to those in numerous other states. This would result in a competitive, multi-operator market.

In practice, the state-regulated option is the least likely because it would risk violating Seminole exclusivity over certain games and jeopardize hundreds of millions of dollars in annual revenue payments from the tribe.

The state-regulated option would also require a constitutional amendment and at least 60% approval in a statewide referendum.

No. There have been reports that the Seminole Tribe is preparing to initiate conversations with the state to authorize online gambling, but it has not publicly confirmed any plans.

In the meantime, players can use sweepstakes casinos in Florida for a similar, gambling-like experience and chances to win real prizes.

Players must be 21 or older to play real money games at Florida casinos.

There’s insufficient information to provide an accurate estimate, but Florida is on many pundits’ shortlists of the next states to legalize online casinos.

The Florida Gaming Control Commission (FGCC) already regulates sports betting in Florida and has an established relationship with the Seminole Tribe, so it would be the obvious choice to oversee online casinos.

The FGCC website has links to the full text of all Florida gambling laws and its compact with the Seminole Tribe.