Challenge to Florida’s gaming compact with Seminole Tribe is rejected by state Supreme Court
TALLAHASSEE
The Florida Supreme Court tossed out a challenge to Florida’s gaming compact on Thursday, preserving legalized sports betting in the state for now.
The petition, filed by owners of one of the state’s oldest pari-mutuels, asked justices to invalidate the 2021 gaming agreement between Gov. Ron DeSantis and the Seminole Tribe of Florida, claiming it illegally expands gambling in the state.
The agreement, known as a compact, gave the tribe control over sports betting in Florida and allowed its casinos to offer roulette and craps. In return, the tribe agreed to pay the state at least $2.5 billion over the first five years of the deal.
But pari-mutuels argued the compact violated a 2018 voter-approved constitutional amendment that said expansion of gambling in Florida cannot occur without voter approval.
Justices didn’t weigh in on that issue on Thursday. Instead, they tossed out the challenge on a technicality.
The pari-mutuels had filed a petition for a writ of quo warranto, which is used to challenge the authority of a state power — in this case, the ability of the governor and Legislature to authorize offreservation sports betting in alleged violation of the state Constitution.
But the writ was the improper method to challenge the compact, justices ruled. Instead of challenging the state’s ability to authorize the compact, the pari-mutuels should have directly challenged the constitutionality of the compact itself through declaratory and injunctive relief, justices wrote.
“This Court has never permitted use of the writ in the manner which Petitioners seek — to address the substantive constitutionality of an enacted law,” justices wrote.
The petition was filed by West Flagler Associates Ltd., Bonita-Fort Myers Corp. and Isadore Havenick, the former owner of Magic City Casino and current owner of Bonita Springs Poker Room near Fort Myers. Havenick also holds jai-alai permits in Miami.
The 30-year compact allows anyone over the age of 21 anywhere in Florida to use a sportsbetting app to place a bet with the tribe or through Florida pari-mutuels that contract with the tribe for that purpose.
To get around the 2018 constitutional amendment, the compact required all online sports bets from players in Florida be placed via the tribe’s servers.
West Flagler Associates Ltd. and Bonita-Fort Myers Corp. are also challenging the compact at the U.S.
Supreme Court, arguing it violates a federal law because it authorizes gambling off tribal lands.