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10 Aug 2021

Florida will launch sports betting in October

The 45-day federal evaluation period for the new compact between the Seminole Tribe and the state of Florida came to an end late last week. The compact was signed by both parties. The Department of the Interior did not take any measures to stop the gambling deal from going into effect. The date of October 15 has been set as the start date for the industry; nevertheless, legal challenges are likely to arise because opponents believe the accord violates the constitution of the state.

Both the state and the tribe received letters from the Department indicating that they had neither accepted nor rejected the deal. In the absence of a decision, the compact is presumed to have been approved in accordance with the Indian Gaming Regulatory Act as well as federal law. There is still a requirement that the compact be published in the Federal Register. It is anticipated that this will take place during the next few days.

Going Forward with It

The state of Florida has been working toward the legalization of sports betting for quite some time. A few months ago, Governor Ron DeSantis was the one to put his signature on the compact, and back in May, legislators made the decision to ratify it. Within its facilities, the Seminole Tribe is authorized to offer both online and retail sports betting to customers. Online gambling is an alternative that can be made available by racetracks and jai-alai frontons, both of which must have their servers situated on tribal territories.

 

In exchange for the right to operate exclusively, the tribe has agreed to make annual payments totaling at least $500 million, which will come from the profits made over the next three decades. DraftKings, FanDuel, and even the Las Vegas Sands were just a few of the major gambling companies that contributed to the successful completion of the project. A total of up to $37 million was contributed to ballot initiatives in the state of Florida in the hopes of making sports betting a reality there.

Problems Remain

Even while this permission marks the beginning of the process that will eventually lead to the legalization of sports betting in the state, there are still many challenges to overcome. The legality of the compact is the subject of an ongoing legal dispute that is being heard in a federal court right now. Two proposals for the ballot have been proposed, one of which seeks to prevent the Seminole Tribe from establishing a monopoly in the emerging market for sports betting, and the other seeks to prevent an imminent expansion of casino games that can be played at tribe gaming establishments.

In a lawsuit that was lodged against the compact, West Flager Associates and Bonita-Fort Myers Corporation are mentioned as the two entities that brought the action. The lawsuit asserts that the Indian Gaming Regulatory Act was broken by the provision of the agreement that permits betting on sports to take place on locations other than tribal lands. Additionally, the action asserts that the agreement is in violation of the Wire Act of 1961 as well as the Unlawful Internet Gaming Enforcement Act.

Opponents of the agreement argue that it violates the Constitution due to the fact that it will make it possible to engage in online gambling throughout the entire state of Florida. The transactions will be carried out on servers that are located on tribal grounds. This ruse was conceived with the intention of subverting state and federal regulations.

Opponents argue that this constitutes an expansion of gambling, and according to Amendment 3, which was ratified by voters in the state a few years ago and is now a law, any growth of gaming must first be approved by the general public in the form of a voter referendum.

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