If Sports Betting Is Going To Happen In Florida, It’s Going To Have To Come Via Seminole Hard Rock
Florida voters simply made it more challenging to alter its legislation concerning gambling. What exactly does that mean for the future of sports betting from the state?
Florida and Amendment 3
On election night, as the majority of the nation was watching to see whether there was likely to become an ideological change in Congress, many in the gaming industry were watching a different race in Florida.
This race did not entail the election of an individual; the race was for Florida Amendment 3, a ballot measure that would change the power from legislators to voters to authorize brand new casino gambling in the nation.
The language of this measure was as follows:
“This amendment ensures that Florida voters will have the exclusive right to choose whether to authorize casino gaming by requiring that in order for casino gaming to be authorized under Florida law, it has to be approved by Florida voters pursuant to Article XI, Section 3 of the Florida Constitution. Affects articles X and XI. Defines casino gambling and explains that this amendment does not conflict with federal law regarding state/tribal compacts.”
Where did the gaming amendment come from?
Only two counties in Florida allow for”card games, casino games, and slot machines” in non-tribal owned facilities.
In 2004, ahead of the present tribal compacts, under the opinion of then-Gov. Jeb Bush, Florida voters in Miami-Dade and Broward Counties passed a ballot initiative that allowed for slot machines in racing and jai-alai facilities, which had operated in the 2 years prior.
The amendment effectively means that in order for the nation to expand casino gaming beyond the tribal casinos and present racing and pari-mutuel centers, voters in Florida would have to initiate the process by collecting enough signatures to get the petition added into a ballot.
“In Florida, the amount of signatures required for an initiative is equivalent to 8 percent of the votes cast in the previous presidential elections. Florida also includes a touch supply requirement, which requires that signatures equal to 8 percent of their district-wide vote at at least half (14) of the state’s 27 congressional districts have to be gathered.”
For reference, the 2016 Presidential election had 9,419,886 votes cast. Eight percent of the vote total is 753,591 signatures required to be able to get a casino expansion step on a future ballot. This is an intimidating endeavor, without considering the demand for geographical distribution, which can be required.
There are, however, a couple of Florida-based groups that might be able to back a campaign of sufficient size to collect these votes at one time in the future. Two that come to mind are Disney and the Seminole Tribe. Indeed, the two Disney and the Seminoles were major backers for passing Amendment 3, allegedly putting in tens of millions of dollars to support the measure’s passage.
The opposition saw support from smaller gaming providers such as West Flagler Associates and Hialeah Park, as well as the Miami Dolphins, who (in)famously tweeted out an image that implied the passing of Amendment 3″would block any opportunity for lawful sports betting from Florida.”
If the language of Amendment 3 appears complicated, that is as it is. The language employed in the Amendment scored a grade-level rank of 24 (the equivalent of getting 24 years of formal education or enough time to earn a Ph.D.) based on Ballotpedia, which positions the readability of ballot measures. Amendment 3 has been worded more complexly than others, with the typical ballot scoring between 19-20.
It does not take a Ph.D. to realize that the Amendment doesn’t mention sports. So, does this mean that Florida can launch sports gambling soon?
Not really.
What’s’casino gambling’?
In accordance with Ballotpedia, Amendment 3 defines casino gaming since card games, casino games and slot machines. There is no mention of sports betting. Therefore, while it can seem that Amendment 3 leaves open the question of whether Florida can offer sports gambling, it fails the far larger issue, the fact that the State of Florida has a Class III gaming compact with the Seminole Tribe.
Sports betting is Class III gaming based on this Federal Register:
Class III gaming means all forms of gaming that are not class I gaming or class II gaming, including but not limited to:
(a) Any house banking game, such as but not Limited to —
(1) Card games like baccarat, chemin de fer, blackjack (21), and pai gow (if performed house banking games);
(2) Casino games such as craps, blackjack, and keno;
(b) Any slot machines as described in 15 U.S.C. 1171(a)(1) and electronic or electromechanical facsimiles of any game of chance;
(c) Any sports gambling and parimutuel wagering including but not Limited to wagering on horse racing, dog racing or jai alai; or
(d) Lotteries.
While Amendment 3 doesn’t limit sports gambling, the existing compact between the Seminole Tribe and the State of Florida could impose a few restrictions.
What is in the Florida gaming streamlined?
The Compact, which was signed in 2010 involving the Seminole Tribe and the country (it had been amended in 2015 to add authorization for extra games), stated:
“It’s in the best interests of the Seminole Tribe of Florida and the State of Florida for the State to enter into a compact with the Tribe that acknowledges that the Tribe’s right to provide certain Class III gaming and supplies substantial exclusivity of such activities along with a sensible revenue sharing arrangement between the Tribe and the State that will entitle the State to important earnings participation.”
From the”Covered Games” section of the compact, there Is Not Any mention of sports gambling, but There’s a statement that might seem to cover sports betting as within the covered games section:
“Any fresh game approved by Florida law for any person for any purpose, except for banked card games authorized for any other federally recognized tribe pursuant to [the] Indian Gaming Regulatory Act, provided the tribe has land in federal trust in the State as of February 1, 2010.”
The tribe and the state agreed that the”Tribe is authorized to operate Covered Games on Indian Lands….” While Section IV of this compact excludes a number of games such as roulette and craps (which were then allowed) there isn’t any mention of sports gambling, as explicitly excluded.
The streamlined identifies seven Seminole-owned casinos which can be enlarged or replaced but doesn’t authorize new construction beyond the present lands. In addition to abiding by state-sanctioned gaming rules, the tribe, in exchange for”partial but Significant exclusivity,” agreed to cover:
$12.5 million per month during the initial 24 weeks of the agreement;
After that, 12 percentage of net wins on all sums up to $2 billion;
15 percent on net wins between $2 and $3 billion;
17.5 percent on internet wins between $3 billion and $3.5 billion;
As much as 25 percent on all levels greater than $4.5 billion per earnings sharing cycle.
These payments are due on the 15th of every month for twenty five years by the initiation of the compact.
What about online gaming?
For those expecting for online gambling, there’s a clause in the compact that states: if the state law is changed to offer online gambling and tribal gambling revenue falls over five percent from the past twelve months, the tribe gets to considerably decrease their payments into the state below the guaranteed minimums. However this won’t apply if the tribe provides online gambling, subject to express authorization.
In the event that the Seminole Tribe loses exclusivity, the state of Florida will be in search of a fresh source of revenue. Part XII Section A. of the Compact states:
“If, after February 1, 2010, Florida legislation is amended by action of the Florida Legislature or an amendment to the Florida Constitution to allow (1) the performance of Class III gaming or other casino-style gambling at any place under the jurisdiction of this State that wasn’t in operation as of February 1, 2010, or (2) new forms of Class III gaming or alternative casino-style gaming that weren’t in operation at February 1, 2010.”
If this occur, the tribe is eligible to stop some of their obligations until such gaming is no longer operated. Similarly, if existing non-tribal centers in Broward and Miami-Dade counties extend their Course III offerings, the Seminole Tribe can decrease some of their obligations to the country also.
So, about sports gambling…
It’s not likely that Florida will observe sports betting being offered by any entity apart from the Seminole Tribe.
The gambling compact negotiated between the state of Florida and the Seminole Tribe of Florida is lucrative for the nation and extremely helpful for the tribe. For an overview of how lucrative this compact is for the State of Florida in 2016, the Seminole Tribe paid over $300 million into the nation. The likelihood that Florida would undermine even a portion of these payments to authorize something that would generate as little extra state revenue as sports gambling is incredibly unlikely.
While Florida sports gambling fans should not hold their breath for widespread legal sports betting, the Seminole Tribe could, under the compact, receive the capability to offer it in their casinos. Even though the Seminole Tribe has expressed an interest in being able to offer sports betting at its Florida Hard Rock properties, they’ve recently been quiet on the matter within the state of Florida.
Amendment 3 didn’t foreclose on any expectation of sports gambling in Florida. But under the existing gaming compact terms, it would seem to be a costly endeavor for state lawmakers to allow someone aside from the Seminole Tribe to provide it entirely, a decision that would surely render facilities in Miami-Dade and Broward counties unhappy.