Florida sports betting legalization initiative filed with support from FanDuel and DraftKings – Ballotpedia News

Florida Education Champions sponsored Florida Initiative 21-13 was released for signature collection on June 23, 2021.

The measure would allow sports betting at sports venues, pari-mutuel facilities and online in Florida. Florida state lawmakers would need to pass laws to implement the constitutional amendment, such as licensing, regulation, consumer protection, and taxation. Under the change, all online sports betting tax revenue would be dedicated to the Department of Education’s Educational Enhancement Trust Fund.

Online sports betting could be conducted by (a) Indian tribes and (b) entities that have been in existence for at least a year and have conducted sports betting in at least 10 other states under the change. These companies could start conducting sports betting no later than eight months after the change came into effect. Other corporations or organizations can carry out sports betting no earlier than 20 months after the change has come into force, if this is permitted under national law.

In 2017, the US Supreme Court heard arguments regarding the legality of a New Jersey Public Question 1 Implementation Act (2011) in the Murphy v NCAA (originally Christie v NCAA) case. On May 14, 2018, the US Supreme Court ruled 7-2 that the federal government could not ask states to ban sports betting, lifting the federal sports betting ban. The ruling allowed states to legalize sports betting if they so choose. As of June 2021, sports betting was legal in 30 states and DC or laws to be legalized were approved

In 2018, Florida voters approved Amendment 3, which gave voters the “exclusive right to decide whether to allow casino gambling in the state of Florida.” Amendment 3 made the citizens’ initiative process the “only method of approving casino gambling,” which means that Florida state lawmakers cannot allow casino gambling by law or by placing a constitutional amendment on the ballot. The change does not apply to contracts between the state and Indian tribes under the Federal Indian Gaming Regulatory Act that allow gaming on tribal land.

Florida signed a contract with the Seminole Tribe in April 2021 that gave the Tribe the exclusive opportunity to conduct sports betting in the state. Under the pact, the tribe would conduct sports betting and provide at least $ 400 million per year to the state of Florida for the next 30 years through 2051. Under the pact, sports betting would be available online and in equal shares-mutuel facilities to everyone in the state and would be “viewed at all times as being exclusively operated by the tribe in its facilities” that house the sportsbook and servers.

The Indian Gaming Regulatory Act (IGRA) of 1988 requires that all gambling activities provided for by gambling contracts between Indian tribes and state governments take place only on Indian land, defined as “all countries within the boundaries of an Indian reservation”. Florida’s 2021 contract with the Seminole Tribe contains a severability clause which provides that “[i]If at no time are the tribe legally allowed to offer sports betting to customers physically located in the state but not in Indian territory, “then the rest of the pact would remain in effect, meaning that sports betting would then only be available in tribal areas would be.

Florida Education Champions said, “Our change will allow more competition and allow Floridians to use their favorite sports betting platform. [It] brings competitive sports betting to Florida and enables fans to use their favorite online sports betting platforms such as DraftKings or FanDuel. That means no monopolies or limited options. “Florida Education Champions spokeswoman Christina Johnson said the change would generate” significant revenue that can flow into the Florida public education system without raising taxes. “

Seminole Tribe spokesman Gary Bitner said, “This is a political hail mary from out of state corporations trying to interfere in the affairs of the Florida people. They couldn’t stop Florida’s new gaming pact, which was passed by an overwhelming 88 percent yes-vote by Florida’s elected legislators, has 3-to-1 support from Florida and guarantees a $ 2.5 billion revenue share. The guarantee is the largest gambling company commitment in US history. “

To qualify for the 2022 election, proponents must submit 891,589 valid signatures. The deadline for checking signatures is February 1, 2022. Since electoral officials have 30 days to check signatures, petitions should be submitted at least one month before the checking deadline. The proposed measures will be reviewed by the Attorney General and the State Supreme Court after advocates collect 25% of the required signatures across the state in each of the state’s half-congressional districts (222,898 signatures for 2022 election measures). After these preliminary signatures are collected, the Secretary of State must present the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general must refer to the Florida Supreme Court for an opinion on the compliance of the action with the one-topic rule, the adequacy of the title and summary, and whether the action is “valid under the United States Constitution or not ”, request. ”

Last month, an initiative was certified for the California 2022 election that would legalize sports betting at Native American casinos and licensed racetracks in California.

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