Online Poker Legal In Florida
Florida is the country’s 4th most populous state, with 20 million people, and the people of Florida also are pretty fond of poker, and online poker in particular, so the market here may be huge if and when a deal gets done. Our Recommended Online Poker Sites For Florida. 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.
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Relevant state code: 849.01 et seq.; 550.001, et. seq.
With sweeping statutes and a bevy of arcane rules, Florida easily ranks as one of the least-friendly states for gamblers. The state takes a very strict approach to regulating gambling, and has a very broad definition of what constitutes gambling:
Section 849.08
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
A separate part of Florida law specifically outlaws wagering on (unregulated) games of skill:
Section 849.14
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 depositary 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
These two aspects of Florida gambling law essentially make any sort of wagering that is not explicitly authorized by the state de facto illegal.
Florida has especially stiff penalties for those operating an illegal gambling business. In addition to the various direct charges that could result from the running or participation in the advancement of such an enterprise, Florida law treats gambling offenses as predicate offenses that can trigger more severe racketeering charges. As for those who merely participate in gambling, Florida has harsher penalties than you'll find in a typical state. Prosecutions of individual gamblers, however, appear to be quite rare in Florida.
What Gambling is Legal Under Florida Law?
Several forms of gambling are legal under Florida law. Parimutuel wagers are allowed at licensed horse and dog racing tracks. Florida administers a state-run lottery, and limited Indian casino gaming is also permitted in the state.
Social gambling is legal in Florida under very specific conditions. As is the case in most states, Florida requires that social gambling take place between people over the age of 18 and in an environment where no one is profiting (or attempting to profit) from the operation of the game. Florida also requires a $10 cap per hand or per round for the game to be considered 'penny ante' (their term for social gambling) and therefore legal. Finally, only bridge, canasta, dominoes, hearts, mah-jongg, pinochle, poker or rummy are allowed under Florida's social gambling exception..
Charitable bingo games are allowed under Florida law when conducted by authorized organizations, as are certain kinds of raffles. Poker games, whether tournaments or cash games, do not appear to be legal under charitable gambling law in Florida.
Can I Play Poker Legally in Florida?
If you play poker for real money at either a recognized tribal casino or in a 'penny ante' game as described above, you are well within the law in Florida.
Otherwise, poker for stakes would appear to be illegal under Florida law. Remember, the statutory definition of gambling includes prohibitions on both games involving cards and games of skill, so there seems to be little room for an exception for poker under current Florida law.
The question of whether or not individuals would run a real risk of prosecution for playing poker is a much different one. We were unable to locate any instances of individuals prosecuted simply for participating in an illegal poker game in the state of Florida.
Does Florida Allow Online Poker Sites or Gambling Online?
Florida law regarding gambling does not specifically address the issue of gambling or playing poker online.
As is the case with just about every state in the US, gambling law in Florida is vague and broad enough to potentially apply to just about any manner of wagering; for example, one could make a case that an individual playing poker online has essentially turned their computer into a gambling device that would be illegal under Florida law.
The ambiguity surrounding online gambling and the law in Florida is aptly illustrated by the controversy surrounding Internet Sweepstakes Cafes operated in the state. To the casual observer, such cafes would seem to clearly be serving as online casinos - but their operators claim to be within the boundaries of Florida law and may have at least a reasonable legal basis for that claim.
Summary: It is unlikely that either an online poker operator or player is within Florida law when it comes to real money games. Casino operators may have more room to work with thanks to Florida sweepstakes laws. The risk of facing prosecution as an individual player is actual in terms of the letter of Florida law, but apparently insignificant in practical terms..
Florida Gambling Law - Fun Facts
It's illegal to engage in gambling or horseracing within one mile of a religious camp.
Actual gambling isn't required for authorities to classify a place as a gambling house - they only need to find 'any of the implements, devices or apparatus commonly used in games of chance' to assume that a place is being used for the purpose of gambling.
Florida Gambling Law in the News
Florida state rep Joseph Abruzzo floated a law to regulate intrastate online poker back in 2010, but the bill failed to get any traction and was tabled in April of 2011.
A bill seeking to ban Internet sweepstakes cafes passed the Florida House in 2012, but seems to be permanently stalled in the Senate.
Will Florida Regulate and Legalize Online Poker Sites?
Regulated online poker sites in Florida faces a number of hurdles. First, any online gambling regulated or otherwise legally endorsed by the state would have to be in compliance with the current gaming compact the state has with the Seminole Tribe. Second, there appears to be little legislative motivation to tackle online poker, as evidenced by the death of Abruzzo's bill in 2011. Finally, the growing backlash against Internet sweepstakes cafes could conceivably result in legislation that would explicitly prohibit all internet-based gambling, effectively raising the legislative bar for an online poker bill.
It's not all negatives; Florida is the 4th largest state by population in the US and is already a popular destination for poker players thanks to a recent reversal of the state's wagering limits for poker. Those two facts suggest that Florida could be one of the few states where an intrastate poker room would actually be viable in terms of player liquidity.
With that said, it seems relatively unlikely that regulated online poker will come to Florida within the next three years, largely due to a lack of political motivation and the state's generally restrictive stance toward gambling.
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.
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.
States Online Poker Is Legal
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.
Is Online Poker Legal In 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.
Will Online Poker Be Legal In Florida
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.
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?
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.