Illegal Gambling Florida Statute
- Section 849.08 of the Florida Statutes says this about gambling: “Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
- Florida law actually makes it illegal for residents to partake in unregulated gambling, such as offshore sports betting. Most state laws put the onus on operators who accept bets, but Florida also outlaws playing poker at an unregulated facility or over an unregulated device.
The gambling laws in states change all the time. We want to give you accurate, timely information so that you can make good decisions about Gambling Laws in Florida. Of course, if you have specific questions, you should speak with a professional who is well-versed in gambling law. The Florida gambling statute specifically prohibits maintaining a “gambling house.” If an association improperly permits the use of the community’s common elements 11 for illegal gambling operations, the association might be in violation of §849.01 (2004), which prohibits the keeping of a “gambling house.” 12 F.
Despite Florida’s huge gambling market, customers are limited to just seven tribal casinos and various horse tracks and (now-defunct) dog tracks that operate as card rooms.
In fact, this latter aspect of the FL gambling industry has caused the state to be in violation of its exclusivity compact with the Seminole Tribe, who had a favorable ruling in federal court that annulled their casino profit-sharing obligations. This has cost the state over $400 million per year since 2019, when the tribe stopped paying. Since then, all expanded gambling measures in FL have hinged on the renewal of that Seminole compact.
Fortunately, as a bettor or gambler in FL, you don’t have to be stuck in the middle while the state government is a stick in the mud. That’s because you are free to legally gamble anytime – in any market – by visiting legal Florida online casinos.
Whether you’re a casino player, sports betting fan, or poker player, if you’re looking for high-quality and safe gaming experience, you can get one by visiting any legitimate Florida online gambling site a shot. However, before you consider participating in Internet gambling, we suggest you review the information concerning Florida online gambling laws.
Below, we address the details of Florida betting law as it pertains to both brick-and-mortar and online gambling. To learn more about all FL laws concerning casinos, sportsbooks, and poker rooms, our short guide has everything under the sun for residents of the Sunshine State.
Other Florida Gambling Pages
Where Does Florida Stand On Legal Online Casino Gambling?
Florida has recently banned “Internet cafes” that were operating as unregulated online casinos, though the state’s view towards online gaming in general doesn’t appear to be antagonistic.
However, there are significant hurdles due to the fact that FL casino gambling is the exclusive domain of the Seminole and Miccosukee tribal nations. This means that the state cannot unilaterally expand gambling online without the tribes’ involvement and approval. Talks are ongoing, but they are moving at a snail’s pace.
In the meantime, it is legal for FL residents to gamble online at legitimate offshore casinos. These venues operate outside of US jurisdiction, and there are no FL gambling laws or federal gambling laws that bar access to these destinations. Over an estimated one million FL gamblers already use these sites and have been members at them for over a generation.
Naturally, FL would like to put itself in a position to bring some of these customers back into the domestic gaming fold, but no iGaming legislation has made its way through the state congress to date.
That said, the state does appear to be moving towards allowing tribal brick-and-mortar casinos to offer the two casino games they’re currently unable to provide: craps and roulette. While the 2020 legislative session concluded without any such gambling legislation being passed, there is enough momentum that the issue is likely to be revisited in 2021.
Where Does Florida Stand On Legal Online Sports Betting?
Bookmaking is a serious offense under Florida law. However, you’re a sports bettor, not a bookie, and there are no laws barring individual FL residents from betting on sports online provided they use a legitimately licensed offshore operator.
To reiterate: The existing laws surrounding sports betting in FL target bookmakers and not players, and they address unregulated gaming operators specifically.
Legally licensed and regulated online sports betting is not prohibited as long as those operators are based internationally outside of US jurisdiction. Fortunately, there are several high quality, safe, and legitimate Florida online sportsbooks to choose from.
As for when Florida will make domestic sports betting legal so that operators in the state can offer betting lines on all the most popular college and pro teams in the region, that remains to be seen.
Right now, the Seminole Tribe of Florida is exercising its leverage with exclusive gaming rights to prevent commercial sportsbooks from operating in the region. To make any progress on the domestic sports gambling front, the state will likely have to give sports betting exclusivity to the Seminole. And even then, it’s unclear whether or not that would include online sports betting.
Where Does Florida Stand On Legal Online Poker?
Online poker is becoming increasingly popular in FL. The Sunshine State does not specifically prohibit online poker at the individual level, but there are laws against online poker operators that are based in the state. Recently, there have been attempts to legalize online poker in FL, though this has gotten nowhere.
In fact, when the state approved non-house-banked poker at non-tribal FL venues, it violated the Seminole Tribe’s exclusivity compact, and fixing this is now the biggest gambling issue before the FL legislature. Online poker won’t be addressed until long after this issue is resolved.
Meanwhile, there are a number of legal Florida online poker rooms which operate and are regulated outside of the United States. As long as you’re at least 18 and live in FL, you can use these online poker rooms to play for and win real money.
We do stress that being selective in choosing the brands to which you will bring your business is paramount in accessing a safe and secure online gambling experience, which is why you need to read our above-linked Florida online poker guide.
Florida Gambling Laws
There are a number of Florida gambling laws to be aware of, but the long and short of it is that the following markets are currently legal in a domestic operator capacity:
- Tribal casino gaming (21+ Class III, 18+ Class II)
- Horse racing betting (18+)
- Greyhound betting (18+, expires Dec. 31, 2020)
- Jai Alai betting (18+)
- Cardroom poker (age limit varies)
- State lottery (18+)
- Charitable gambling (18+)
If you sign up with an online operator that is based overseas and is regulated and certified to offer gambling opportunities to FL players, you can enjoy all the following markets over the Internet legally and safely:
- Casino gambling (18+)
- Sports betting (18+)
- Online poker (18+)
- Horse racing betting (18+)
- Greyhound racing (18+)
- Online lotteries (18+)
In addition to FL gambling laws, there are two federal gambling laws to be aware of. The Unlawful Internet Gambling Enforcement Act (UIGEA) places stringent regulatory oversight on how online gambling-related transactions are processed, which is why we recommend Bitcoin gambling for deposits and withdrawals when playing offshore (as the UIGEA can lead to credit/debit card rejections).
Illegal Gambling Florida Statutes
There is also the Federal Wire Act to consider, though this applies only to sports betting and prevents FL residents from having their sports bets accepted by sportsbooks in other states.
Neither law prohibits online gambling for FL residents at operators based outside of the United States, so as long as you are playing at an online casino, sportsbook, poker room, racebook, or bingo hall that is legally licensed in its own home country, you are in the clear.
FL Gambling Law Guide Summary
The online gambling professionals who created this guide consider it critical that FL players have access to accurate and up-to-date information regarding the online gambling laws in Florida.
Throughout this guide, we only recommend gambling brands which are legally licensed, certified, and regulated by respected and legitimate governing jurisdictions. This is true for the online casinos, Florida online bingo halls, and the poker rooms and sports betting sites we list in this guide.
To review the official gambling laws for Florida in their original language, you’ll want to visit the Florida State Legislature website, which provides these laws and statutes in their entirety. That source does not provide any legal interpretation of the laws, however. If legal FL gambling advice is what you’re looking for, then contacting an attorney is your best option.
***The information on this page is intended to reflect our educated opinions and analyses based on personal experience as industry professionals. It is not intended in any way to serve as legal advice. We are not lawyers and are not qualified to provide professional legal advice in any capacity.
In decades past, gambling used to be a crime almost everywhere other than Las Vegas, Nevada and Atlantic City, New Jersey. Today, more and more states have legalized various types of gambling, ranging from Indian casinos to poker rooms and horse racing tracks. While some states have legalized certain types of gambling, other types of gambling are still illegal. All states have laws that prohibit at least some type of gambling.
Gambling is sometimes referred to as “gaming.” Depending on the language of state laws, gambling and gaming can mean different things or the two terms can be used synonymously. “Gaming” typically refers to playing games for wagers, such as craps, card games, slot machines, and roulette. “Gambling” may refer to these same types of games, but it also includes other types of activity such as sports wagers.
Gambling is defined in numerous ways, but requires betting or wagering on an outcome that is at least partially based on chance, and done so in order to win something. Illegal gambling is any type of gambling that is specifically prohibited by state law.
Gambling Involves a Bet
While most instances of gambling occur when someone bets money, courts have ruled that gambling can occur whenever a bet is made using anything of value. The item of value is sometimes known as “consideration,” and can encompass anything that has any worth. The amount of the bet doesn't matter, and as long as the property that's at stake in the game is worth some value, the game is gambling.
'Games of Chance'
State gambling laws outlaw games, bets, or wagers that are at least partially dependent on some element of chance. If a game or competition that gives prizes to winners is based on skill, such as a car race or a shooting competition, it is not considered gambling. (However, other laws or restrictions may apply in order to make such competitions legal.)
What differentiates a game of skill from a game of chance is usually determined by which of the two elements has the greatest impact on the outcome. If chance is the biggest factor, the game is one of chance, and making bets or wagers on such games is gambling. Courts have ruled that in games that involve both skill and chance, and where a small group of skilled experts routinely win, this does not necessarily make the game one of skill. In determining what defines a game of skill or chance, courts often judge the game on the average player. If the average player's chances are dominated by chance, the law considers it a game of chance.
A Chance of Winning
If you don't have any chance of winning something of value, you're not gambling. Gambling requires that there is a chance you might win something for your bet, whether it's money, property, or even more chances to play. Further, courts have ruled that you personally don't need to have placed any wager to be convicted of gambling. As long as a group of people have a chance to win something and at least some of them have made a wager, you can be convicted of gambling if you are part of the group and stand a chance at winning.
Prohibition Against Making a Profit
Those who win at gambling have obviously made some money. But aside from the players, what about the businesses who run or operate the gambling game or establishment?
Some state laws specifically allow for 'social gambling' while prohibiting gambling as a business. Business gambling occurs when a person or organization operates a gambling hall that collects fees or takes a portion of the amount the players bet. For example, a person who holds a 'casino night' party and charges an entry fee is engaged in an illegal activity in a state that prohibits business gambling or gambling for profit. So-called “social gambling,” where the players are all equals an no one is collecting fees or making a profit apart from the outcome of the game -- such as in a home poker game -- is often not considered illegal. However, even social gaming is illegal in some states.
Penalties
While all states criminalize gambling to some extent, they also have vastly different penalties associated with gambling crimes. The type of penalty someone faces after being convicted of illegal gambling largely depends upon the state and the circumstances of case, though sentences typically involve many of the same types of penalties. Gambling can be classified as either a misdemeanor offense or a felony, depending on the situation and state law.
Jail or Prison
Anyone convicted of misdemeanor gambling faces up to a year in a county or local jail, though state laws differ widely. Some states impose small maximum jail sentences for misdemeanor gambling, such as 20 days in jail. Felony convictions, on the other hand, can bring a year or more in prison, and sometimes as much as 10 years, especially where organized, professional gambling is present.
Fines
Illegal Gambling Florida Laws
Misdemeanor fines for gambling are quite common, and range from a few hundred dollars up to $1,000 or more. Felony gambling fines can be significant, sometimes as much as $20,000 or more. Fines can be separate from, or in addition to, jail or prison sentences.
Probation
Instead of, or in addition to jail time and fines, courts can impose probation sentences for gambling convictions. These probation periods usually last 12 months or more. When a court orders probation it tells you to do (or not do) certain things. For example, the court may order you to stop gambling or to participate in a gambling addiction treatment program. You'll also probably have to report to a probation officer and stay out of trouble with the law. If you don't live up to the probation conditions, the court can revoke your probation and send you to serve the original jail or prison sentence.
Speak to a Lawyer
Illegal gambling charges can impose significant penalties and can have a serious impact on your life, even if you aren't convicted. Anyone charged with a gambling crime needs to speak to a local criminal defense lawyer at the first opportunity. A good defense attorney will know the gambling laws in your state and have experience with the local prosecutors, judges, and court system. It's always in your best interests to speak to a local criminal defense attorney anytime you are charged with a gambling crime.