Since gambling is regulated on a state-by-state basis in the United States, the legal status of casinos, sports betting, and other forms of gambling may differ from state to state. Florida is currently considering expanding its gambling sector, which could give locals more opportunities for casino and sportsbook betting. However, amendments to state law have yet to be introduced, and the future of gambling in the Sunshine State is not guaranteed.
Back in the day, Florida was ahead of many other states when it came to legalizing horse and greyhound racing. It was the first state in the South to legalize the lottery and is still the only state in the region to host card clubs. Florida was also among the first states in the Southeast to launch casinos, following only Mississippi and Louisiana.
Unfortunately, attempts to expand gambling were not successful during the years of the Great Depression. The lottery was legalized in 1986, and the state later legalized poker. After the Indian Gaming Regulatory Act was enacted, Florida allowed tribal gambling, leading to the launch of several land-based casinos on Seminole and Miccosukee tribal lands.
In 2022, the gambling landscape in Florida could change, expanding the market beyond tribal casinos. Such a change would need both voter approval and support from state lawmakers.
Gambling Regulations in Florida
Under Section 849.08 of the Florida Code, anyone who plays any card game, roulette, keno, faro, or any other game of chance for real money or another thing of value, whether in person or on any device, is guilty of a second-degree misdemeanor.
Despite this section, the Florida Code does not specifically mention online gaming regulations. Moreover, residents of the Sunshine State may take part in home games. Because the state does not act against those who play online, many Florida casino fans register and play at offshore casino sites. According to state law, Floridians must be at least 21 years old to participate in casino activities, while the minimum legal age for lottery, horse and greyhound race betting, bingo, jai alai, and poker is 18.
Violators are punished under Sections 775.082 and 775.083 of the Florida Code. Penalties for a second-degree misdemeanor can include up to 60 days in jail or six months of probation. Offenders may also be fined up to $500.
Tribal Land-Based Casinos in Florida
Online Casino Gambling in Florida
Other Forms of Gambling in Florida
Sports Betting
Tribal Land-Based Casinos in Florida
Currently, only tribal land-based casinos can legally offer gaming services in Florida. They were authorized with the enactment of the Indian Gaming Regulatory Act on October 17, 1988. The act established regulations for gambling activities on Indian lands. Two tribes operate in the Sunshine State, and together they run seven land-based casinos under the act.
Most of Florida’s tribal brick-and-mortar casinos are operated by the Seminole Tribe, which owns six venues, including two Hard Rock hotel-casino complexes. The seventh casino is owned by the Miccosukee Tribe.
Florida’s tribal land-based casinos may offer gaming machines, poker, and bingo. Some Seminole properties also feature table games such as blackjack and several poker variants. The seven casinos are spread across Tampa, Coconut Creek, Hollywood, Miami, and Immokalee.
Online Casino Gambling in Florida
Although land-based casino operations on tribal territories are legal, the Sunshine State still lacks regulated online gambling. Because no amendments have been adopted, no casino operator has been allowed to apply for an online casino license in Florida. However, this could change in the coming years, as state lawmakers appear open to gambling expansion.
While there is hope that online gambling will debut in Florida soon, it is too early to predict which operators will launch first. For now, Floridians can access only social casino games, many of which are provided by the state’s tribal casinos.
Other Forms of Gambling in Florida
With the introduction of card rooms in 2003, Florida legalized poker. Under the law, the betting limit per round cannot exceed $2, and players are allowed up to three raises in a single betting round. A card room that accepts higher bets or permits more than three raises per round violates state law.
Florida is regarded as one of the country’s largest poker hubs, with numerous card rooms across the state. However, Florida has not legalized online poker, and no licensed options are available. Some players choose offshore poker rooms, but doing so is risky because these sites are unlicensed and their use is considered a violation of state law.
Sports Betting
The legal status of sports betting in Florida is confusing, as lawmakers have made several attempts to authorize this form of gambling. In May 2021, the Florida House approved an expansion of the Seminole Tribe gaming compact, which, if fully enacted, would introduce sports betting.
In August 2021, the federal Department of the Interior signaled its support by allowing the compact to be published in the Federal Register. The agreement faced numerous challenges, and many parties opposed both the compact and the prospect of launching sports betting in Florida.
In November 2021, the Seminole Tribe launched the first sportsbook app in Florida, even though ongoing legal challenges hindered the new Hard Rock Sportsbook. Later that month, a federal court annulled the compact between the state and the tribe. By December, the Seminole Tribe had to suspend the Hard Rock Sportsbook app.
Major betting companies FanDuel and DraftKings have also shown interest in entering the Sunshine State. They started a petition drive that requires 900,000 signatures to place sports betting on the 2022 ballot. At the time of writing, the future of sports betting in Florida remains uncertain.
Gambling Taxes in Florida
The Internal Revenue Service (IRS) requires that all gambling winnings be taxed. This applies to every state in the US, including Florida, which legally offers several forms of gambling. The tax that residents of the Sunshine State must pay covers earnings from casino games, racetrack betting, game shows, poker, and bingo.
Gambling income should be reported on your tax return under the Other Income section on Schedule 1 – eFileIT. Depending on the amount won, players might receive Form W-2G, which indicates the value of their winnings and the flat rate that was withheld.
Players who meet the W-2G threshold should receive the form by January 31 of the year after their win. The usual flat tax rate on gambling winnings is 24%. Players receive Form W-2G if they win $1,200 or more on bingo or slots; $1,500 or more on keno; $5,000 or more in poker tournaments; $600 or more, at least 300 times their original wager, on other games; or any amount that must be reported under federal law. If players do not receive such a form, they need to report their winnings on their tax returns.
Closing Thoughts
Currently, gambling fans in Florida mainly have options for land-based wagering. These include poker in authorized card rooms, lottery games, and betting on horse and greyhound races. At the moment, casino games can be played legally only at the seven tribal casinos located across Florida.
Under the Indian Gaming Regulatory Act of 1988, the Seminole Tribe and the Miccosukee Tribe are authorized to offer casino-type entertainment in Florida. The Seminole Tribe has also attempted to further expand its presence in the Florida gambling market. The tribe launched a sportsbook app in November 2021 but was forced to close it after only one month of operation.
With no new laws approved, Floridians may participate only in certain gambling activities conducted at authorized land-based facilities. Meanwhile, online gambling remains unregulated, and it is unclear whether residents of Florida will be able to bet legally online any time soon.