Florida Online Poker
- Florida Online Poker Law
- Is Online Poker Legal In Florida
- Online Gambling Florida
- Florida Online Poker Real Money
- Florida Online Poker Laws
Important FL Notes
- Online Poker Legislation in Florida Unfortunately, home games aren’t the only form of gambling banned in Florida – online gambling isn’t allowed either. Online gaming is not specifically mentioned in the criminal statute pertaining to gambling, nor is it explicitly stated that they can’t be hosted under the 1988 Indian Gaming Regulatory Act.
- There has been some movement in recent years to give players some hope. However, Florida online poker legalization may be a few years off. In 2020, the legislature seemed to be considering online sports betting, but the session ended in March without any agreement. That also didn’t include online poker, but that could at least offer some headway in legalizing online gaming in general.
- FL citizens legally play at offshore poker sites (via Federal)
- Online gambling has been discussed in the state legislature
- Live poker is available at racetrack facilitates
- Commercial casino gambling is not yet legal in the state
- Tribal casinos can also offer live poker in Florida
Like most states online poker isn't specifically addressed. There is nothing stating that online poker is legal, or that it’s not legal. However, there are sections of Florida law that might push you to think that online poker is, in fact, illegal in Florida. 849.08 Gambling.
“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”
Future Outlook of Online Poker in Florida – Estimated date of legalization: 2019-2020
The following graph tracks our expected legislation of online poker in Florida on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.
In Tuesday’s midterm elections, Floridians passed Amendment 3 which...
Florida has managed to reach an agreement with the Seminole Tribe which will...
Recent Activity
Currently, Florida is one of three States with a Prohibition Law on internet poker. However, the future of online poker in the State isn’t necessarily at a dead end. Online gambling was discussed in Florida’s Senate Gaming Committee hearing, but internet gambling, in any form (poker or casino) has not been a part of any reform bill thus far.
Some speculated that a separate bill that called for regulation of online gambling would be introduced, but this has not been the case. Online gambling was not legalized in the Sunshine State in 2016, but has a strong chance within the next 2-3 years. Florida generates more than $385 million in revenues per year from land-based gambling, including offshore gambling cruises, Indian casinos and horse and thoroughbred racing.
It’s likely a gambling reform bill will be passed within the next few years, whether that includes online poker is the million dollar question. Internet gambling may also be introduced as a separate bill. Florida may take a wait and see approach, however. With other states likely launching regulated intrastate markets in 2017, their success may push the state to move forward faster. I think legalization sometime in 2017-18.
Poker is legal in Florida if played at specific, licensed land based card rooms and under strict regulations. The game can also be played for small stakes in a home setting, as long as certain conditions are met. Living in Florida myself, I believe certain corrupt dealings and money is making its way to the wrong hands – we had 3 poker rooms in less than 30 minutes of each other in the Greater Jacksonville Area.
Ambiguity rules in the case of online poker in Florida. While there are no specific laws per se governing online poker or gambling sites, the definition of the law as it stands today is that if you operate an online poker site in the state of Florida, you’ll be guilty of breaking the law. There is no Federal law criminalizing mere poker players playing online.
Current Gambling Laws in Florida
Florida Statues divide gambling into games of chance and games of skill. The definition of games of chance and the consequences for playing them are found under section 849.08 where it is stated:
“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…“
Unregulated games of skill related to bookmaking are defined under section 849.14[A] as:
“Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of human or beast, or whoever receives in any manner whatsoever any money or other thing of value staked, bet or wagered, or offered for the purpose of being staked, bet or wagered, by or for any other person upon any such result, or whoever knowingly becomes the custodian or depository of any money or other thing of value so staked, bet, or wagered upon any such result, or whoever aids, or assists, or abets in any manner in any of such acts all of which are hereby forbidden, shall be guilty of a misdemeanor of the second degree.”
Land Based Poker in Florida
In 2010, the Florida House voted 74-39 to approve a new bill that would expand gambling significantly in the state, days after it was approved by the Florida Senate by a 29-9 vote.
Among other things, the bill scrapped the $100 maximum buy in at all cash games restriction, and was considered a huge victory for the rights of poker players in Florida.
Brick and mortar Florida Statues[B] allows poker to be played at home in the form of ‘penny-ante’ games, as long as the “winnings of any player in a single round, hand or game do not exceed $10 in value”. The Division of Pari-Mutuel Wagering in Florida[C] stipulates that penny-ante games…
“Must be conducted in residential premises, owned or rented by a participant in the penny-ante game.”
It is currently illegal to play at poker tournaments that are not held in a licensed cardroom, even if the tournaments are fundraising activities for charity, and even when there are no cash prizes. The law stipulates that the only form of charity gambling that can take place is bingo and some forms of sweepstakes
The Licensing Division also elaborates[D] on this law:
“The current law, Chapter 849.086 Florida Statutes allows gambling on poker games only at licensed pari-mutuel facilities.
If poker is played at any other venue, caution should be exercised to ensure that it is not played in a gambling manner. To constitute gambling, there must be three elements present: 1) Consideration (ie. an entry fee), 2) a game of chance (the Florida Attorney General’s Office has determined that poker is a game of chance; and 3) prizes are awarded to winners (ie. cars, trips, etc.) A game that is operated for the purpose of some of the proceeds going to charity does not circumvent or negate the definition of gambling.”
Live poker has been permitted in Florida since 2001 as long as it is played at licensed pari-mutuel facilities or at tribal casinos. Examples of pari-mutuel facilities include horse racing tracks, dog racing tracks and jai alai frontons. Play at these facilities is still subject to strict stake limits, although these limits were adjusted significantly in 2010 by state legislature.
Live poker games are regulated by the Division of Pari-Mutuel Wagering of the Department of Business and Professional Regulation and governed by Section 849.086 of the Florida Statutes[E].
Twenty five pari-mutuel facilities in Florida have card rooms, while several tribal casinos such as the Seminole Hard Rock in Tampa also offer poker operations. The tribal casinos are not subject to the same limitations as pari-mutuel facilities.
Gambling Laws in Florida
Gambling laws in Florida are governed by Title XLVI – Chapter 849 of the Florida Gambling Statutes[F].
There are essentially three types of casino gambling in Florida, namely Indian casinos, pari-mutuel facilities and casino boats. The minimum age for pari-mutuel betting is 18 years old, while the minimum casino gambling age is 21. No free alcoholic beverages may be provided by these facilities.
When it comes to casino gambling in Florida’s brick and mortar facilities, these differ between tribal casinos and pari-mutuels.
Pari-mutuel facilities in two Florida counties – Broward County and Miami-Dady County – offer slot machines, while the majority of pari-mutuel facilities also offer poker.
Pari-Mutuels are allowed to remain open up to 18 hours a day during the week and 24 hours a day over weekends and certain holidays. The legal age to play poker or pari-mutuel betting is 18 at these facilities, or 21 to play at the gaming machines.
Gamblers are offered the opportunity to board cruise ships that travel offshore to international waters where casino gambling is allowed. The boats travel nine miles into the Gulf of Mexico if they travel from the West coast or three miles into the Atlantic if the leave from the East coast.
The vast majority of these boats offer blackjack, craps, slots, video poker and roulette, while a select few have expanded their games selection with mini baccarat, pai gow poker, three card poker, classic poker, Caribbean stud poker, let it ride, big 6 wheel, bingo and sports betting.
Gamblers need to be 21 years of age to order an alcoholic beverage while on board.
Seven out of the eight tribal gaming locations in Florida are owned by the Seminole Tribe, while the eighth is owned by the Miccosukee Tribe.
The Miccosukee offer limited Class II gaming machines as they have not signed a compact with the state government, and these include slot style bingo games.
The Seminoles’ compact with the state means, however, that the tribe is allowed to offer Class III gaming machines and gamblers will find blackjack, baccarat, mini baccarat, three card poker, Let it Ride and Pai Gow Poker in five out of the seven casinos run by this tribe.
Other games that can be found at all eight tribal casinos include high stakes bingo, video pull tabs and poker. The vast majority of these casinos are open 24 hours a day.
The minimum gambling age for bingo or poker is 18, while you need to be at least 21 years of age to play electronic gaming machines at tribal casinos in Florida.
Florida Lottery offers seven Terminal games[G] and over 60 scratch off games at 13,000 lottery retailers around the state, while games can also be played online at the Florida Lottery website.
Florida lottery laws are governed by Title IV, Chapter 24 State Lotteries[H]. Among the limitations placed on lottery players is that no tickets may be sold to anyone under the age of 18.
History of Gambling in Florida
Florida Online Poker Law
Is Online Poker Legal In Florida
Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018
References and Citations
Can You Play Online Poker in Florida?
Florida is one of the famous destinations in the United States that currently ranks alongside Nevada, California, and New Jersey when it comes to playing poker. The Sunshine State is a top hotspot as tons of in-person poker rooms offer an incredible gambling experience. But there are no state-licensed online poker operators, as of 2020. It is somewhat shocking to say that the state has not legalized online poker as of yet.
In fact, Florida laws do not mention online gambling at all. There have been many attempts to legalize online poker in Florida. The most notable was in 2012 when the National Council of Legislators encouraged the idea.
But these efforts were short-lived. Lawmakers could not even agree to legalize online lottery ticket sales. However, avid poker Floridians often take advantage of the US states with legal online poker. If you’re planning to play poker online from the US, make sure you flock to the most trusted and licensed brands. It’s worth taking a look at our top legal online poker sites in the United States.
By sticking with legit poker sites, poker fanatics can have a better shot at fair games and secure banking that offer quick money access. Moreover, legal US online poker sites also go out of their way to reward newbies. This can include free money just for creating a new account. We will discuss everything in detail about laws regarding online poker in FL.
Summary of Florida Gambling & Poker Laws
Florida does not regulate online gambling within the state lines. At present, the only form of legal online gambling is horse racing. Although there are tons of casinos and live poker rooms in the state, steps taken toward online gaming failed to yield any outcome yet.
Poker is legal only at racinos, a combination of race tracks and casinos, and Seminole-operated land-based casinos all across the state. Pari-mutuel betting on dog racing, horse, and jai alai is permitted. We have reviewed the quick summary of Florida online poker and gambling laws below:
- Online Poker/Gambling - Currently, there exists no regulated gaming or online poker in Florida. The National Council of Legislators tried hard to change laws for online poker in 2012 and beyond. However, lawmakers were not interested in stretching gambling beyond the land-based Indian casinos and racinos. It is unlikely that Florida will legalize online poker in the years to come.
- Live Poker - There are tons of live poker rooms in most of the casinos in Florida. But it is allowed legally at the racinos and the Indian casinos.
- Casinos - Florida allows casino games and as a result one can find tons of world-class brick and mortar casinos. However, card rooms are regulated by the state law and only pari-mutuel style wagering is allowed. Other gambling devices are also prohibited. In addition, gaming laws also limit casinos to Indian reservations.
- Sports Betting - At present, local sportsbooks are illegal in Florida. However, FL gambling laws don’t ban placing bets at licensed offshore sites.
- Fantasy Sports - DraftKings and FanDuel, at present, accept players from Florida legally and permit fantasy sports betting.
- Esports - Esports lovers can play electronic sports only at the offshore gambling platforms.
- Other Gambling Options - Horse, lottery, dog racing, charitable games, pari-mutuel horse betting
History of Poker and Online Poker in Florida
Florida has an impressive history when it comes to poker laws. Since Europeans first settled onto the land of Florida, gambling existed as a part of their culture. Gambling was legalized in the 1900s. Much of its early history says that lawmakers kept banning all new land-based casinos around the state. They also placed certain limits on the amount that a gambler could risk while playing. Seminole lands and tribal management also played a big role in keeping the casinos limited.
In early 2011, Joseph Abruzzo introduced an online poker bill - HB 77. It is made to regulate intrastate real cash poker sites online throughout the state. At the time, people were enjoying legal Internet poker.
After introducing UIGEA in 2006, operating a FL real money poker site or online poker room was against federal law. His main aim was to pass this bill by March 2011. But again, it failed to accomplish its legalization of online poker in Florida.
Abruzzo tried again to get the Internet gambling and poker betting bill through in 2012. But due to the rejection from the Seminole tribe, efforts to legalize online gambling failed. During that time, Florida started Internet café gambling. This allowed avid players to go online and access real cash poker sites in public places.
Online Poker in Florida
Before picking any online poker room in Florida, it is essential to understand the legality of online gambling and Florida online poker rooms. Many believe that it is illegal for Florida poker players to play Internet poker. But no law technically addresses online poker.
However, there aresome laws that loosely touch on the idea of online gambling. The primary one is the gambling definition itself -
The inclusion of card games could apply to card games played online too.
Despite this, many residents still turn to online gambling. But as far as we know, no player has ever been prosecuted for playing online poker in FL.
Online Gambling Florida
Is Online Poker Legal in Florida?
“Is playing poker online legal in Florida?” is the common question in the mind of enthusiastic players. The state has plenty of poker rooms, but Florida has not legalized online poker yet.
Yes, the state is still struggling to get real money poker online and real money online casino games permitted. There may be some movement in recent years to give gamblers positive hope.
The state laws against gambling have never been enforced against online poker games, specifically. Moreover, no federal laws ban any person from playing online poker at a poker site.
Earlier, The Wire Act was enforced for online gambling operators. But after the revaluation of the Wire Act laws in 2011, it exempted poker, lotteries, and other gambling forms. It means this act just applies to sports betting today. Till Florida becomes a fully legal state, playing free online poker at real money websites remains a great option for poker lovers.
Where Can I Play Online Poker Legal in Florida?
Florida doesn’t permit operating online casinos. At the same time, the state doesn’t restrict bettors to play at an online casino. As such, Floridians looking for playing online poker in Florida legally can explore venues that accept deposits from customers from Florida.
To play poker games via online poker platforms one can easily find tons of sites that have opened their doors to poker fanatics living anywhere within Florida. Users can enter any live poker room they want. For players looking for real money poker sites, one can check out operators from states that have legalized online poker. You can findreal money poker sites legally in four current legalized states - New Jersey, Nevada, Pennsylvania, and Delaware.
Ensure that you check the background information of the Internet poker platform before participating in any poker activity. Legal poker operators offer fully enjoyable poker playing sessions. Don't forget to claim your mega-sized online welcome poker bonuses.
Where Does Florida Offer Legal Online Gambling?
Residents from Florida have access to the tons of land-based gambling already. But when it comes to legal online gambling in Florida, there are limited options available today. Florida doesn’t offer state-sanctioned online gambling options.
However, since the state law doesn’t outlaw or regulate online casinos and real money bets, Floridians can play online poker and gamble with offshore casino and sports betting sites. Players can access online sites that accept US-based customers and also note Florida as a safe state.
Today, many top-rated off-shore online gambling sites permit bettors to bet on their favorite games online legally. They can also play free games on their mobile at any time and using any device. We suggest downloading ourbest mobile poker apps for 2020.
Will Florida Regulate Online Poker?
Florida has introduced a new gaming bill, SBP7082. This bill tries to make changes in the way gaming is regulated in the state. For example, it relaxes standards to run live poker rooms in Florida. But it doesn't address the problem of regulating online gambling. No momentum at present suggests that online poker will be regulated within the state. Moreover, the complicated gambling laws mean that regulated and completely legalized online poker in Florida is a long way off.
Currently, online poker in Florida is not legal. As per Section 849.08, unregulated gambling in Florida is illegal and considered a second-degree misdemeanor. Current Florida law describes illegal gambling as:
“Any person that plays or engages in any gambling activity like roulette, cards, keno, faro, or other games of chance, at any place and using any device shall be guilty of a misdemeanor of the second degree.”
There have been many discussions going on for a few years now regarding regulations for Florida online poker. These discussions are continuing even today. Therefore, we can say that an online poker bill may be introduced in the coming years, but nothing is imminent. There may be opposition from land-based gambling operators who may fear that online poker in Florida or online gambling may mint money.
But that will not be a problem. With more than 18 million population, Florida is the third most populous state in the USA. Many Floridians also love online gambling, mainly online poker. Thus, the market will be a big hit there if the state regulates online poker.
US Poker Laws 2020 - Florida FAQ
Can I Play Online Poker in Florida?
Currently, no. Online poker has not been legalized in the state of Florida as of yet.
What is the Minimum Age for Gambling in Florida?
Floridians can start gambling at land-based casinos as they turn 18. The only exception includes table games and slot games. For this, a gambler must be a minimum of 21 years of age.
Can I Play on PokerStars in Florida for Free?
Yes. Plenty of things had changed since April 15, 2011, when US officials enforced the UIGEA Act of 2006. They put online poker in the US in lockdown.
Since then, many states have released gambling rules that allow operators (including PokerStars) to provide poker games online to US players. Today, you can play poker games on PokerStars from the United States if you are in the right state and download the right client.
But, if you want to play poker games for free, you can freely use the PokerStars Play free platform. But players can't access the real money games if you are residing within the state's borders.
What Happens if I Use a VPN to Play Online in Another State?
The use of VPNs to play on regulated international platforms is not a good idea. It is because it can expose tons of legal problems. The money you make a deposit or withdrawal will result in many issues coming your way.
Florida Online Poker Real Money
Moreover, the operator can prohibit all your profits and shut down your account if they found you gambling illegally. Users may also face banking problems regarding using these websites from an unregulated jurisdiction.
What Happens if I Play on an Illegal Poker Site?
Florida Online Poker Laws
Playing at an unregulated offshore website is completely illegal in Florida. These sites also don’t face the same regulations and laws as those in legal jurisdictions. When players use them, security is always a big issue.
Plenty of players have struggled while withdrawing and recovering funds. Players also face legal repercussions. That is why it’s best to choose a licensed, legal, and regulated real-money sites. It is because they regularly monitor gambling activities and ban any fraudulent Florida online poker activity.