Gambling Laws in Florida

Florida's laws effectively make all unlicensed forms of gambling illegal. Most activities are offered in some way though, except online gambling which is illegal by default. Sports betting was recently deemed legal thanks to a landmark case which escalated to the DC Circuit Court of Appeals.

Which Type of Gambling Is Legal in Florida?

Gambling in the 'Sunshine State' is covered in Florida Statutes 849.01 and 550.001. This deems all forms of gambling illegal unless licensed by the state. On the whole, the industry is a mixed bag with most forms of land-based gambling legal under certain conditions. However, most forms of online gambling are illegal by default without any current specific legislation.

Landbased and Online Casino Games

Casino gambling is legal in Florida, but only via one of the state's eight tribal casinos. Seven of these are run by the Seminole nation, each operating under the Hard Rock Casino brand and offering slots and blackjack games. The Miccosukee nation operates the 8th and is legally allowed to offer non-banked games such as bingo and poker. 

Some of the state's parimutuel betting venues are licensed to offer slots, specifically a select few in Miami-Dade and Broward counties.

Numerous attempts have been made to legalise online gambling sites in the state, but due to hefty resistance, such laws have yet to be passed.

Poker Tables & Tournaments

Poker is legal in Florida, with games offered at numerous venues nationwide. The Seminole tribal casinos and the Miccosukee casino offer poker gambling, with banked games available at the former and non-banked games at the latter.

Online poker is currently unregulated in the absence of any explicit gambling legislation. Under the definition of gambling, the activity is classed as illegal, but Floridians still do access and play poker games via offshore sites.

Gambling on Bingo

This is legal in the state, with games run by charitable organisations and licensed operators. The Miccosukee tribal casino offers bingo, but most of the market in Florida consists of halls run by charities.

Playing bingo online is illegal with none of the land-based operators permitted to offer their services. The only option for Floridians is to play at out-of-state US online casinos. Whilst doing so could carry prosecution, to date no such charges have been made.

Purchasing Lottery Tickets

This is legal, with the state lotto offering draw tickets for local and national games as well as instant win games at 13,000+ outlets across the state.

Purchasing online lottery tickets with real money isn't permitted though. The state website only serves as a source for information and drawing results.

Gambling at Home and Online Crypto Casinos

Florida's laws permit private gambling, such as home-based poker and card games. The jury is still out regarding classifying lootboxes and skins gambling - with these activities currently unregulated.

In 2023, Governor Ron DeSantis signed a bill to prohibit the use of central bank digital currencies in the state. Some misunderstood this and believed that virtual currencies such as Bitcoin would be banned - this is not the case. The move aimed to prevent a power shift from consumers to a single central authority, casting a more favourable light on cryptos.

Despite businesses in the state being allowed to pay their taxes in Bitcoin - individuals may not. No operators in Florida currently offer casinos that accept Bitcoin either.

Is It Legal To Make Sports Bets in Florida?

Florida's sports betting situation has mirrored that of California. The activity was unable to progress due to disputes between the tribal casinos, parimutuel venues and federal judges.

Sports betting was initially legalised in 2021, with markets available via Seminole's Hard Rock Bet sportsbook. With plans to offer betting machines at select parimutuel venues under a shared profits system. Two parimutuel businesses claimed that the compact agreed between the Seminoles and Governor DeSantis breached the existing Indian Gaming Regulatory Act. Since the servers were not located on tribal land, the federal judge ruled that the compact was invalid.

In 2023 the case was escalated to the DC Circuit Court of Appeals which overturned the ruling of the case, making sports betting legal once again. It remains to be seen if online sports betting will follow suit.

Betting on other sports is available on horse racing, greyhound racing and Jai Alai betting at the 20+ parimutuel venues throughout the state. However, live greyhound racing betting was banned by a popular vote in 2018.

DFS betting isn't specifically mentioned in Florida's gambling laws, despite claims that the activity is a game of skill. Despite this grey area, top providers DraftKings and FanDuel still accept players from Florida.

What Is the Minimum Age to Gamble in Florida?

This is 18 years for most forms of betting, while those wishing to play at a land-based casino venue must be a minimum of 21.

Taxation on Gambling Winnings

Florida gambling regulation means slot operators must pay a 35% tax per machine. In contrast, the Seminole tribe pays a varying amount based on compact negotiations. For Floridians, gambling winnings are tax-free at the state level, but the federal withholding tax amount of 24% applies.

History of Florida Gambling Laws

-Legal gambling in Florida dates back to the 1930s, with horse and dog race betting briefly legalised in 1931.

-Both slots and Jai Alai were permitted in 1935, but the law on slots gambling was reversed in 1937. Bingo gambling was legalised in 1970.

-In 1978 and again in 1986, Floridians voted against casino gambling legislation but supported the idea of a state-wide lotto. The Florida Lottery launched in 1988 - the same year the Indian Gaming Regulatory Act was enacted.

-In 1989 small stakes private poker games were legalised at parimutuel venues in 1996. Higher stakes were permitted in 2007 and no limit games in 2010.

-Sports betting was initially briefly legalised in 2021, then ruled illegal. However, the decision was overturned in June 2023, making sports betting legal once more in Florida.

Key Facts

• Casino gambling is legal in Florida, but only via the state's eight tribal casinos (or related slot machines).

• Online casino gambling is illegal by default in the absence of specific legislation.

• Poker is legal via tribal land-based casinos.

• Online poker is deemed illegal in the absence of specific legislation.

• Bingo gambling is legal and offered by both charitable organisations and tribal casinos.

• Online bingo gambling is illegal by default.

• Lottery gambling is legal in Florida, but online lottery ticket sales are illegal.

• Sports betting has very recently been legalised.