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Opinion: Why Florida Sports Betting Deal Still Might Not Happen

Florida Sports betting may have some issues that need to be addressed before reaching the market.

A milestone between Florida Gov. Ron DeSantis and the Seminole tribe of Florida sees the Sunshine State renew the tribe’s gaming exclusivity deal in exchange for a 30 years Agreement to make at least payments $ 500 million annually to the state.

The deal is said to have been worth it $ 2.5 billion to the state in the first five years alone. In return for these payments, the Seminole tribe can add craps, roulette and of course sports betting in Florida to their range of games. The tribe is also able to expand its play opportunities at its own Hollywood Facility.

Years in the Florida sports betting development

The deal was closed this month and will be closed with the legislature in the special session the week of 17th of May. Federal approval Interior minister marks the end of several years of various efforts to bring sports betting to Florida.

While a number of bills that would predictably have failed FL sports betting have failed, the deal between one of the country’s top gambling companies and the state of Florida is a potentially big win for sports betting enthusiasts.

What the contract says

The contract defines sports betting as:

past or future professional sport or sporting events, contests or competitions, Olympic or international sporting competitions, college sports or sporting events (excluding bets on such college sports or events) or motor vehicle races, or any part of any of the above items, including, but not limited to, individual performance statistics of an athlete or other individual participant in an event or combination of events or any other “in-play” bet in relation to any such sporting event, match or contest, except “Sports Betting” does not include Fantasy Sports Competitions, Pari-Mutuel – Betting or wagering on any form of poker or any other card game.

Exclusivity for the tribe

The agreement states that all sports bets are completed exclusively through sports betting operated by the Seminole tribe or its “approved management contractor”[s]. ”

The deal also allows the tribe to partner with peer providers to offer FL sports betting at their facilities.

People are where?

The deal, which limits betting to anyone over the age of 21, assumes that mobile bets made by a customer within the state will take place where the servers are:

including those bets placed by a patron who is physically in the state but not in Indian Lands and who uses an electronic device connected via the internet, web application or otherwise …

A conflict at the highest level?

The clever language that tries to determine where a bet takes place is a tactic that has been used new YorkRecently, however, many other jurisdictions have made some variations on this.

The problem in Florida is perhaps more problematic. While states are generally free to define legislative terms according to their own rules, the federal government and a federal court have already decided where a wager will take place in relation to which Indian Gaming Regulatory Act (IGRA), the law that regulates the consolidation process between nationally recognized tribes and states.

In fact, the IGRA requires that all bets be on tribal land, on the direction of the federal government and a Ninth Court of Appeal Decision, bets were interpreted to take place where a bettor is located and not where servers are located.

This was so worrying that Representative Anthony Brindisi of new York Introducing a law that allows tribal operators to accept sports betting under the IGRA. But Brindisi’s sensible modernization draft went nowhere in 2019. Hence the case of the ninth circuit of California versus Iipay Nation from Santa Ysabel The subject is still very big.

The lettering hides the ball

While the headline of the case lists the state of California, the federal government and the state jointly sued the Iipay Nation over online bingo games, where the tribe argued that placing servers in tribal areas was enough to be considered lawful activity.

The recognition that the location of servers is not the location of wagering in the IGRA sense may be backed up by the fact that many tribes that offer mobile wagering in other states do so under state trade agreements, rather than through amended contracts.

A second question for the brand new Compact also arose from the group No casinoswho, according to Florida Politics, has vowed to file a lawsuit for violating the 2018 constitutional amendment.

What does this mean for sports betting in Florida?

At the moment there is a lot to determine with the new Kompakt. The Compact is going to go up Washington, DC for review by the Indian Gaming Bureau.

The office will review the contract for compliance with IGRA and federal law before communicating to the secretary and deputy interior minister whether the contracts are compliant and should therefore be approved.

If everything is in order, the secretary must deregister and the contract will take effect when it is printed in the federal register. If the treaty is rejected, the Seminole tribe and state may have to return to the negotiating table.

The contract contains a clause that allows provisions that are deemed invalid by a federal court to be separated from the agreement. The deal could continue as if the offending provision never existed. However, this provision appears to be specific to a challenge in federal court.

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