NOW THAT FLORIDA SPORTS BETTING IS ON HOLD, WHERE DOES ITS FUTURE STAND?

Florida sports betting is now on hold. But, what does that mean for the overall state of sports wagering in the state?

A few days ago, the District of Columbia Court of Appeals issued an order that denied the Seminole Tribe of Florida’s motion. This motion was to stay the D.C. District Court’s ruling that the state’s 2021 tribal gaming Compact violates the IGRA (Indian Gaming Regulatory Act). This has left the future of Florida sports betting in question.

The Seminole Tribe’s Hard Rock Sportsbook app had continued taking payments and bets after the decision of the District Court a week prior. However, a couple days ago, the Hard Rock Sportsbook app appears to have shut down. According to a message on its Twitter page, it is no longer accepting new wagers, deposits, or accounts.

Luckily, users will still be able to make withdrawals from their accounts.

There was no attached opinion to the short order from the D.C. Court of Appeals. When it came time to decide whether to stay the District Court’s order, the panel was split on the decision 2-1. The Court of Appeals rules on decision using a majority-rule. So, the pre-2021 compact status has been returned to Florida for the time being.

But, this still means that there is one vote in favor of the Seminole Tribe at this time, so all hope is not lost. There is time for them to garner more favor before the D.C. Court of Appeals issues their decision. This split decision could be setting up an eventual Supreme Court showdown.

But, only one percent of petitions are heard by the Supreme Court each year. However, an appeal filed by West Flagler Associates on November 29th, 2021 with the Eleventh Circuit could up these chances. The appeal challenged the ruling of the Northern District of Florida’s federal court. That ruling had stated that South Florida gaming operators did not have the standing to challenge the new compact by suing Florida Secretary Julie Imanuel Brown and Florida Governor Ron DeSantis.

In the different courts of appeal, but of the appeals will probably be playing out on tracks that are parallel. But, the Eleventh Circuit’s case could be ahead of the D.C. Court’s case. This is because the appellant’s brief is currently due on January 10th, 2022. The Governor’s brief is currently due thirty days after they receive the appellant’s brief from West Flagler Associates. After the service of the appellee’s brief, it will be twenty one days before a reply is due.

So, the earliest that we would see oral arguments in the Eleventh Circuit according to this timeline would be March or April of next year, 2022. A decision can be expected any time following. However, the typical time from a notice of appeal to a decision is around 9 to 10 months. Which would put a decision in the August to October range next year.

The case in the D.C. Court of Appeals will have a similar timeline. But, the typical time from Notice of Appeal to a decision in the D.C. Court of Appeals is usually around eleven months. This puts the timeline for a decision from them to be between November and January of 2023.

Written by Allie Nelson, our US Sports Betting Industry Expert. You can learn more about our author's expertise here.