The future of sports betting in Florida could be stymied by the Seminole tribe and Amendment 3. Then again, maybe not, according to state Senator Jeff Brandes, who last week pre-filed legislation to legalize sports betting through the state lottery.
“I did some research and saw that 19 states already have authorized sports betting and Florida is not one of them,” Brandes told LegalSportsReport.com. “But we know a lot of illicit sports betting already takes place in Florida, and there’s an opportunity to enhance liberty and freedom by allowing sports betting to take place through the lottery.”
The Seminole tribe operates seven Indian gaming casinos in Florida, including the two Hard Rock resorts in Hollywood and Tampa. In the last legislative session, sports betting was part of compact discussions between the legislature and the tribe.
State Senator Wilton Simpson, who will take over as Senate president following next year’s elections, worked out a tentative agreement with the tribe that would have paid the state at least $500 million a year in return for pledging to shut down the designated card games offered at state pari-mutuels, among other items.
However, Governor Ron DeSantis refused to sign off on the deal.
In response, the Seminoles told the governor they would stop making annual payments of about $350 million to the state until the card game issue is resolved.
Brandes isn’t exactly going rogue in exploring an alternate direction for Florida sports betting. With no money coming in from the Seminoles, legislators are rethinking the state’s approach to gambling. No longer is the effort geared towards the tribe having exclusivity in sports betting.
“What we need to start doing is looking at what’s available to us on the private side of the equation, versus just the compact,” Senate President Bill Galvano told The News Service of Florida.
Brandes said other states have tapped lotteries to work sports betting. Why not Florida.
“We think that’s pretty strong evidence that it can be done through the lottery system and doesn’t need to be done exclusively through the tribes.”
Brandes said a major feature of the legislation is that revenue from sports betting through the lottery will go to education spending.
“We think the lottery provides the most transparent, most safe, and a level of certainty and control not currently available through the compact.”
But does Amendment 3 stand in the way?
Last year, Florida voters approved a constitutional amendment that requires any new casino gambling to go on the ballot, taking control away from the legislature. Yet the language specifies that the measure does not apply to the Seminoles or the lottery.
The question becomes can the lottery issue licenses to operate online sportsbooks. Brandes’ bills authorize such licenses for $100,000 annually, plus 15 percent of revenue.
“We believe the lottery is exempt,” Brandes said. “Lotteries operate sports betting in many states and therefore this falls outside Amendment 3. But even if it is found to be within Amendment 3 and ultimately voters need to decide, I have no problem having that conversation as long as it’s run through the lottery.”
Florida has a short 60-day legislative session, starting January 14 and ending March 13. There could be additional sports betting bills introduced.
Representatives in the House previously indicated they want to look at the issue next session. With the exception of committee bills, legislation needs to be introduced by the end of the first day of the session.
Brandes said he’s not looking to exclude the Seminole or pari-mutuel facilities from having sports betting and that the tribe could work out a deal with the lottery or state to participate.
“The goal of this legislation is to start the conversation,” Brandes said. “I think there will be many iterations of the legislation over the next three months.”
