USA - FLORIDA Law and Practice Contributed by: Marc W. Dunbar, Daniel J. McGinn and Dan Russell, Jones Walker LLP
Jones Walker LLP Suite 1200 106 East College Ave Tallahassee FL 32301 USA
Tel: +1 850 214 5100 Fax: +1 850 214 5150 Email: mdunbar@joneswalker.com Web: www.joneswalker.com
1. Introduction 1.1 Current Outlook and Recent Changes Florida’s gambling landscape is defined by two pillars: the 2016 voter control amendment (Article X, Section 30 of the state constitution) and the 2021 Seminole Compact. As such, any significant activity in the industry must be compliant with the terms of one or both of these defining instruments. As a result, the only significant recent changes have been through the Seminole Tribe’s expansion of its online sports wager- ing offerings. The Florida Gaming Control Commission continues efforts to restrict illegal gambling, and its current focus appears to be on grey-market slot-machine business- es. Online gambling, other than sports wagering offered by the Seminole Tribe pursuant to the 2021 Semi- nole Compact, is prohibited. Online lotteries are not authorised in Florida. 2.2 Land-Based Gambling Sports betting is generally unlawful in Florida, except for bets made pursuant to the exception set forth in the 2021 Seminole Compact. Poker is regulated by the Florida Gaming Control Com- mission and offered at licensed cardrooms throughout 2. Jurisdictional Overview 2.1 Online Gambling
the state. Penny-ante card games are permissible if conducted pursuant to Section 849.085, Florida Stat- utes. Bingo is regulated by the Commission and must be conducted in the manner set forth in Section 849.0931, Florida Statutes. Slot-machine gaming is authorised only at certain facilities in Dade and Broward Counties and regulat- ed by the Commission. The Seminole Tribe operates land-based casinos located on tribal land pursuant to the 2021 Seminole Compact. The Florida Lottery is operated and regulated by the Florida Department of the Lottery pursuant to Chapter 24, Florida Statutes. Chapter 849, Florida Statutes, sets forth the general framework prohibiting gambling in Florida. Chapters 550 and 551, Florida Statutes, set forth the framework for legal pari-mutuel wagering and slot-machine gam- ing on non-tribal land. Chapter 24, Florida Statutes, sets forth the conduct and regulation of the Florida Lottery. The 2021 Seminole Compact is the current authorised and approved gaming compact between the Seminole Tribe of Florida and the state. 3. Legislative Framework 3.1 Key Legislation
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