Gambling License Florida

There is no such thing as a ‘cheap’ gambling license. Because of the nature of the industry, there is a cost attached to each license which is payable upon application and renewable periodically. A charitable gaming license or permit is often required before a charity hosts a bingo, raffle, or other gaming event. We provide information about charitable gaming registrations in Florida.

• According to the court, the game constituted illegal gambling under Florida Statutes § 849.08 and § 849.16. Section 849.08 makes it a crime to play or engage “in any game. Of chance, at any place, by any device whatever, for money or other thing of value.”.
• Florida on gambling and lotteries can regulate, and in some instances prohibit, certain activities such as casino gaming, horse racing, and dog racing. There was a time when city planners in Miami planned to tear down their Art Deco buildings and build casinos. That didn’t happen and later laws on where gambling can take place were passed.

There are quite a few limitations on gambling in Florida, but it is still known for its ability to generate some of the best poker players in the world.

Whether players honed their skills in the live poker rooms across the state or at the online poker tables from the late 1990s through today, Florida is the birthplace of many of the game’s greatest.

Floridians continue to seek online poker options in addition to the live poker tables. There are options for those players, online poker sites that welcome players from the US.

The complex Florida gambling laws mean that fully legalized and regulated online poker is a long ways off but there are some positive signs. Much of the issues stem from the restrictive compacts that have been made with the Seminole tribes. There are essentially two ways that issue might be resolved in the future: 1. Getting approval from the Seminole. 2. Going around the tribe.

The move toward online poker and casino games will likely have to originate with tribal leaders and make their way into the next compact. However, negotiations for the updated compact in 2019 went off the rails in the middle of the year when tribal leaders and state lawmakers ended talks. The standoff has led to some legislators mulling gambling proposals without consideration for the Seminoles.

Either way, it will likely be a very long road to state-regulated online poker. Thus, our options for Floridians remain the best in the business.

Most Recent Online Poker Happenings in Florida

The Seminoles broached the subject of internet gaming and sports betting during negotiations in April and May 2019. There were many ideas on the table, such as 24-hour cardroom availability, a reduction on slot machine taxes by 10%, and the ability to add craps and roulette to the table games in their casinos.

And there was online poker, along with internet casino games. The Seminoles wanted the exclusive right to partner with an online gaming provider and offer the games for all players in Florida.

Governor DeSantis specifically opposed internet gaming. Even if talks hadn’t broken down over other issues, it is likely that online poker and casino games would’ve been eliminated from the new compact anyway.

Gambling in Florida

From the time Europeans first settled onto Florida land, gambling has been a part of the culture. Gambling was legalized in the 1900s, but debates raged over the past century and continue today in regards to how gambling laws should work in Florida.

Lawmakers have successfully respected the wishes of many Floridians by not allowing for new land-based casinos around the state. Restricting them to Seminole lands and tribal management has kept the number of casinos limited and maintains a status quo against which few want to push.

There was a strong push in 1958 to authorize commercial casino gambling, but then-Governor LeRoy Collins intervened to stop it. There have been smaller movements since then, but the people have yet to express widespread support for more casinos. Regardless, the Seminole compact does not allow it.

The laws of Florida do include a definition of gambling and skill games for the record.

Poker is legal at racinos (racetracks with casino games) and Seminole-run land-based casinos throughout the state. Pari-mutuel betting on horse and dog racing and jai alai is allowed, as are small social games, charitable gambling, and the state-regulated lottery.

Playing Online Poker in Florida

There is no state-sanctioned online poker or online gambling that is regulated within the state of Florida.

There have been attempts – few and far between – to legalize online poker in Florida. The most notable was in 2012 when the National Council of Legislators from Gaming States encouraged it. The efforts were short-lived, however, as lawmakers couldn’t even agree to legalize lottery ticket sales online.

The issue of internet gaming only came up again in 2019 when the Seminole Tribe of Florida was negotiating its latest compact. Everything from sports betting to online poker was on the table, but the Seminoles wanted exclusive rights to the games. Negotiations with Governor Ron DeSantis fell apart, however, and nothing was left on the table.

The question remains: Can you play online poker while in Florida? The answer is yes.

Players have access to several online poker sites regulated in the Caribbean, and Central and South America. The operators are very reputable and have been in the online poker business for many years, many of them nearing two decades in operation.

The recommended sites not only accept most US-based players but specifically note that Florida is a safe state. There will be no problems signing up for a new online account and making a deposit to play real-money online poker.

Important: Nothing on this page is to be considered legal advice. Please consult with a gambling attorney with serious and specific concerns about online poker.

Famous Florida Poker Players

Live poker rooms at racetracks and Seminole casinos have been the launching pad for players like Jason Mercier (nearly $20 million in winnings), Michael Mizrachi (more than $17 million in winnings), and high-stakes live players like Sean Winter ($13.6 million) and Sam Soverel ($11.5 million).

Online poker has always been quite popular in the Sunshine State, too. When people live in a state that spans 65,757 square miles, it’s not always easy to find a live poker room. Online poker was the game of choice for tens of thousands of players in Florida, and it remains so today.

For Mercier’s live poker winnings mentioned above, he also had millions in online winnings, and he was a sponsored poker pro for PokerStars for almost 10 years. Mizrachi similarly had a great deal of online poker success to go with his live scores, and he represented numerous poker sites through the years.

But one of the most popular online poker players in the world was Daniel Cates, otherwise known as Jungleman. His presence at the high-stakes online games on sites like Full Tilt Poker drew railbirds from around the world. He even won $7 million online just from mid-2009 to mid-2011. He was one of the biggest online poker winners of all time, which pairs well with his $7.3 million in live earnings.

As of 2021, these were the top-ranked live poker players, according to the Hendon Mob database:

1. Jason Mercier ($19.6 million)
2. Michael Mizrachi ($17.1 million)
3. Sean Winter ($13.6 million)
4. Sam Soverel ($11.5 million)
5. John Racener ($10 million)
6. Robert Mizrachi ($7.5 million)
7. Daniel Cates ($7.3 million)
8. Jonathan Little ($7 million)
9. Barry Hutter ($5.8 million)
10. Noah Schwartz ($5.8 million)

What was Amendment 3?

The poker community was dragged into the fight over Amendment 3 in Florida during the November 2018 election. As the election approached, the then-functional Poker Alliance took a stand against the proposal and asked big names in poker like Daniel Negreanu, Phil Hellmuth, Maria Ho, and Mike Matusow to do the same.

Amendment 3 was set up to give voters the exclusive right to approve or deny all decisions related to casino gambling, “any of the types of games typically found in casinos and that are within the definition of Class III gaming in the Federal Indian Gaming Regulatory Act (IGRA).” It then specified blackjack, roulette, craps, keno, slot machines, electronic and simulated games, video lottery machines, internet sweepstakes, and “any other form of electronic or electromechanical facsimiles of any game of chance, slot machine, or casino-style game.”

Online poker – all internet gaming, actually – is included in Amendment 3.

The Poker Alliance asserted that the bill would “virtually eliminate” the expansion of live poker, make it impossible for poker rooms to add new games or update their rules, and make online poker and sports betting legislation a “huge longshot.”

However, the voters of Florida passed Amendment 3 by a wide margin, as more than 71% of them voted in its support.

The motivation for the elaborate opposition to Amendment 3 by Poker Alliance was unclear, as it was the only community-driven campaign it waged after PokerCentral purchased the former nonprofit lobbying organization. And not long after that failed campaign in Florida, Poker Alliance stopped doing anything for the poker community altogether.

Most Recent Developments in 2021

The unresolved issues between the Seminoles and the state over its gambling compact is a wild card.

One of the most recent developments that increased tension between the two factions was when a federal judge found that the card games offered by Florida pari-mutuels violated the exclusivity agreement between Florida and the Seminoles. Since the Seminoles have been paying $350 million per year for that exclusive right that they feel is no longer exclusive, the Seminoles to withhold the 2019 and future payments.

Meanwhile, lawmakers believe that the lack of payments by the Seminoles voids all exclusivity agreements regarding gaming. As of October 2019, several of them want to take advantage of that by increasing betting limits on table games at racetracks and authorizing them to offer sports betting and fantasy sports (DFS) contests.

This could be a positive sign for online gaming, including online poker, if sports betting is able to move ahead without interference from the Seminoles.

Online Poker Status in Florida

• Do poker players have online options from the state of Florida? Yes.
• Do sports bettors have online options from the state of Florida? Yes.
• Will Florida legalize and regulate online poker within its borders in 2019? No.
• Is there a chance of new legislation in 2021? Yes, about 50%, as there are many variables.
• Is it legal to gamble online in Florida? Yes, players are able to gamble online in Florida.

All Poker and Gambling Laws by State

• Just weeks ago, the Poker Alliance took its first stand on a major issue regarding online poker and gaming since its rebranding earlier this year. The organization threw its weight behind opposing Amendment 3 in Florida, an amendment giving the voters of the state the exclusive right to vote on

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• October 25th, 2018

  When the mid-term elections take place on November 6, 2018, many will be watching Florida and several key races there. Most notably, Tallahassee Mayor Andrew Gillum is challenging former US Representative Ron DeSantis for the governor’s seat, but the Senate race is also important as current Governor Rick Scott is

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• October 6th, 2018

  Every few months, the poker community hears a whisper of the Restoration of America’s Wire Act, more commonly known as RAWA. Its financier, casino mogul Sheldon Adelson, regularly tries to push an anti-online gambling agenda through the politicians to whom he regularly donates campaign funds. He also uses his lobbying

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• July 20th, 2018

  Live poker is already prevalent in Florida. The Seminole Tribe of Florida has a compact with the state, and several of its casinos offer sizeable poker rooms that have become hubs for cash game and tournament players over the past decade. Many racetracks in the state also offer poker rooms,

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Sources & Citations For This Article on Florida Online Poker

Gambling license USA

We summarize the most important online gambling laws pertaining to gambling operators and users of gaming services. Specifically within the countries where online gambling is legal to some degree or other.

If after reading this document you are still unsure of what to do, we assist you with a USA legal opinion for your casino, game or sportsbook.

Gambling license USA

The USA is a very lucrative market for online gambling companies. Although, there are many legal risks involved. Since 24% of all online gamblers in the world reside in North America, and the majority of gambling companies doing their hosting in Curacao (where we have our operations – to find out more Click here), we go into detail about the legal situation in this country.

The individual States in the USA have the power to make laws pertaining to their state only. But on the other hand, there are Federal Laws that are applicable to the whole country, while protecting State rights. This makes the online gambling legal situation in the country very complex.

Does Florida Have Legalized Gambling

We start by giving an overview of the main Federal laws that address the legality of online betting, wagering and gambling in the USA. We will then have a look at the situation in the individual States.

USA Federal gambling laws:

1. The Interstate Wire Act of 1961 (commonly referred to as the Federal Wire Act).
This law addresses only the issue of online sports betting and wagering. It does not address the legality of online gambling as such.

Here is paragraph (a) from that law:
“Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.”

Source: http://www.law.cornell.edu/uscode/text/18/1084

2. Illegal Gambling Business Act of 1970

The Illegal Gambling Business Act was enacted as part of the Organized Crime Control Act of 1970. This Act was designed to be a companion to other laws, such as the Federal Wire Act, in targeting a source of income for organized crime. Unlike the Federal Wire Act, the Illegal Gambling Business Act is designed to assist states in enforcing their laws with regard to interstate gambling activities and is dependent on a predicate state offense.

Here are some extracts from that law:

18 U.S.C. 1955 the Statute
Prohibition of illegal gambling businesses
(a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.

(b) As used in this section-
(1) “illegal gambling business” means a gambling business which-
(i) is a violation of the law of a State or political subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.

And:

(e) This section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity.

3. Interstate Wagering Amendment of 1994

This Act relates mostly to lotteries:

“Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift, enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more than two years, or both.”

4. Unlawful Internet Gambling and Enforcement Act of 2006 (UIGEA)

The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act). The Act also requires Treasury and the Federal Reserve Board (in consultation with the U.S. Attorney General) to promulgate regulations requiring certain participants in payment systems that could be used for unlawful Internet gambling to have policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the processing of restricted transactions.

The Treasury and the Federal Reserve Board have issued a joint rule that designates five payment systems which are covered by the Act. These systems are:
(i) automated clearing house (ACH) systems,
(ii) card systems,
(iii) check collection systems,
(iv) money transmitting businesses, and
(v) wire transfer systems.

The Act starts with the following paragraphs:

“(a) Findings.- Congress finds the following:
(1) Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers.
(2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites.
(3) Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry.
(4) New mechanisms for enforcing gambling laws on the Internet are necessary because traditional law enforcement mechanisms are often inadequate for enforcing gambling prohibitions or regulations on the Internet, especially where such gambling crosses State or national borders.”

Notwithstanding section 5362 (2), a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and-
(1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or
(2) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.”

More information can be found at: http://en.wikipedia.org/wiki/Unlawful_Internet_Gambling_Enforcement_Act_of_2006

Because of these Federal gambling laws, online gambling companies are hosting their operations in off-shore countries that supply legal gambling licenses and also using off-shore money transfer services. But even doing so has its risks as can be seen from the recent arrests of the founders of companies like PokerStars, Full Tilt Poker, and Absolute Poker.

The United States judiciary system seems to target only the largest online gambling operators (many of them quoted on the Stock Exchanges), which leaves the market open for the smaller companies. Indeed, we see a spike in these smaller companies’ business turnover as gambling enthusiasts moved over to them after their main resources were cut off.

According to Department of Justice the companies allegedly tried to circumvent UIGEA rules with the help of others who acted as “payment processors” by helping to disguise gambling revenue as payments for non-existent goods such as jewelry or golf balls. A bank in Utah was charged as an accomplice.

State Laws:
The legality of online gambling varies across among each individual state. As of late, many states have taken significant strides in the online gambling industry. New Jersey has been at the forefront of legalizing online gambling. In fact online gambling has been legal for quite some time there. In total, the online casinos have generated a staggering 1.4 billion dollars in revenue. And since legalization, annual growth has skyrocketed.

In order toobtain an online gambling license within New Jersey, one will have to partner with a local land-based casino. If the commercial agreement is successful, financial disclosures as well as game testing will follow. As of mid 2020, Pennsylvania and West Virginia have both adopted the same process.

States Where Sports Betting is Legal:

States such as Illinois have renewed their Gambling Acts to allow for online sports betting. However, like many other states with similar laws, the new Illinois Gambling Act does not permit any other form of online casinos. Many states that have opted for legalizing online sports betting but have yet to even review the ban on online casino gambling. These are the following states that have legalized some form of sports betting:

Washington
Oregon
Montanan
Colorado
New Mexico
Arkansas
Mississippi
Tennessee
North Carolina
Delaware

States Where No Specific Legislation Exists:

The question of the legality of online gambling is a complex one. As it stands many States do not have explicit laws on this question. Even so, the following States have instituted specific laws that prohibit internet gambling. That which would make it illegal for their citizens to take part in online gambling activities:
Louisiana
Montana
Minnesota
South Dakota
North Dakota
Wisconsin

That does not mean that States not on the list allow online gambling – there may just not be a specific current law dealing with that issue.

We are indebted to http://www.gambling-law-us.com for the following information on the different gambling laws of the individual States:

(Follow the links attached to each State to get the details of the specific legal situation)

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Gambling In Florida Law

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FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

Pa Gambling License

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.