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The Seminole Tribe’s agreement to allow internet sports betting throughout the state is being challenged in court, but Governor Ron DeSantis and legislative leaders are pleading with the Florida Supreme Court to reject the lawsuit. West Flagler Associates and Bonita-Fort Myers Corp. have filed a challenge, claiming that the agreement is in violation of a 2018 constitutional amendment that limits casino gaming.
The legal dispute centers on a portion of the 2021 agreement between the tribe and the state that allows mobile sports bets throughout the whole state. Betting activities are managed by servers located on tribal land. The agreement states that wagers placed via an electronic device or mobile app are only recognized as being placed by the tribe.
Pari-mutuel corporations argue that the 2018 constitutional amendment, which needs voter approval for casino gambling, is in conflict with enabling off-tribal gamblers to place sports bets. Despite being ratified by Congress, the agreement reached by DeSantis and tribe chiefs was not subject to public approval.
Attorney General Ashley Moody and the attorneys for Florida contend that sports betting does not meet the constitutional definition of “casino gambling.” The state claims that sports betting was not included in the amendment’s definition of casino gambling, which is “types of games typically found in casinos,” at the time of ratification.
In its brief, the state argues that facts voters knew at the time of ratification should be taken into account when reading the amendment, rather than current circumstances. The brief was submitted on behalf of DeSantis, Senate President Kathleen Passidomo, and House Speaker Paul Renner.
The complaint, filed in September, claims that by allowing sports betting outside of tribal territories, DeSantis and the Legislature have overreached their jurisdiction. It calls this a “abuse of authority” and makes the case that the 2018 constitutional clause need to be implemented with the modern sports betting environment in mind.
The Seminole Tribe was given authority over sports betting and the addition of craps and roulette to its casinos as part of the 2021 gaming compact, which was a contract between the state and the tribe. Although the deal generates significant cash for the state, it is also subject to judicial examination for its adherence to constitutional principles and voter approval procedures. The result will have a big influence on Florida’s online sports betting market.