Category Archives: Fantasy Sports

Could Florida Legalize Sports Betting in a New Tribal Gambling Agreement?

Casino Watch Focus has reported on the ongoing efforts to renew the compact between the state of Florida and the Seminole Tribe, who has rights to exclusively offer various gambling table games. Parts of the compact have expired and both parties have generally been acting in good faith to honor the conditions lines out prior to their expiration (a few legal challenges aside). Even thought the tribe isn’t legally obligated to still provide certain payments to the state while a new compact is being worked through, they have still continued those payments. There are some in the state that want to see sports betting legalized in Florida after the recent Supreme Court ruling and its been suggested that these negotiations could allow for such legalization. An online source explains: 

There is neither a bill nor any proposal, but there is some ray of hope for *Florida* sports betting to sneak into the state’s short legislative session. A priority of the legislature is negotiating a new gaming compact with the *Seminole tribe*. *Senate President Bill Galvano* tells /Legal Sports Report/ he thinks legal sports betting would be part of any agreement.

“It’s definitely part of the discussion because that opportunity exists and they are as interested in participating in sports betting as other entities here in the state of Florida,” Galvano said. “We’re not at a point where we have a product agreed upon and know who gets that product, but we’re having those initial discussions and I think it’s something the tribe will want if we resolve this.”

Galvano was the key legislative negotiator of the 2010 compact with the Seminole. He tasked *Sen. Wilton Simpson* to meet with Seminole representatives to pursue a new compact. “Right now, from the state’s standpoint and speaking on behalf of the Senate, what is paramount is to see where we are ultimately with the tribe going forward,” Galvano said. “If we are able to restabilize that relationship, which provides substantial revenue to our state budget, then the opportunity is there for exploring sports betting in the state of Florida.”

The issue of which side would control this gambling is a more complicated matter as new gambling expansion must now be approved by the Florida voters. That change was made as a result of a statewide voter initiative last Nov when the measure passed by an overwhelming majority. They go on to explain: 

Complicating matters even further is a constitutional amendment Florida voters passed last November taking away the legislature’s authority to authorize casino gambling expansions in the state. *Marc Dunbar*, a government relations and gaming attorney who calls the Seminole a client, told /LSR/ that the only way FL sports betting can be offered without a constitutional amendment is through the tribes or the lottery.

Galvano indicated that the legislature would still attempt to move forward with a sports betting bill if it makes sense within the compact negotiation. He added that he had lawyers review the situation who think a reasonable argument can be made that sports betting doesn’t count as *Class III* casino gambling under Amendment 3.

“If we get within the red zone on a deal, the governor would engage and we would occupy the role of ratifying the compact, expansion on sports betting and any other changes in the parimutuel sector to come from the legislature,” Galvano said. “If it were to happen, it’s going to be pretty close to the end of the session before we can get everything lined up.”

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With Sports Betting Now Legal, Super Bowl Betting Brings Even More Risk and the NFL Attempts to See Prop Bets Banned

Casino Watch Focus has reported on the numerous gambling impacts expected around the Super Bowl. Each year the amount of gambling seem to increase and the expectations for Super Bowl LIII (53) between the Las Angeles Rams and the New England Patriots is no different. However, the recent Supreme Court decision that has legalized sports betting will seemingly exacerbate addiction problems and open the door for people who may have otherwise avoided the pitfalls. The executive director of the Council on Compulsive Gambling explains through an online source in New Jersey, the state that is effectively responsible for fighting for expanded sports betting :

“This year we’re particularly concerned as sports betting is now legal, and we know that more people, even those who didn’t traditionally gamble may gamble on the big game,” Neva Pryor, executive director of the Council on Compulsive Gambling of New Jersey, said.

She said an estimated $4.7 billion was bet illegally last year on the game, but with sports betting now permitted “we don’t really have any forecast — but I would imagine that’s going to be even more.”

She said for some, betting adds to the fun and excitement of the game. But for others it’s a destructive seduction that can ruin lives and families. “We’re concerned that people will overextend themselves or might possibly create a problem,” Pryor said.

Ease of access and the variety of gambling types around the Super Bowl are the primary drivers of this year’s concern. Executive Director Neva Pryor continues:

Pryor said added element of concern is all of the side bets that can be placed on a football game — including who scores first, who will make the first interception, the first fumble. People may bet “on the coin toss, on what they think the color of somebody’s hair will be, or whatever.”

She said people can easily bet online “so they can be sitting at home and placing a bet, they can be at the office and placing a bet, so there’s more opportunity and more ease of play.”

She said the ease of online gambling has definitely created new concerns.

“That’s why we have such a high rate of problem gamblers in the state, we have over a 6 percent ratio of people who possibly have a gambling problem in the state of New Jersey,” Pryor said. 

The NFL sees issues with Super Bowl betting and prop bets beyond the addiction concerns of Council on Compulsive Gambling. Their primary worry is that bets that focus on individual performances can leave the game open to game fixing scandals. As reported by one Fox News source, the NFL spoke to Congress in hopes of getting such bets banned: 

But if the National Football League had its way, bets on things like passing touchdowns for New England Patriots quarterback Tom Brady or rushing yards for Los Angeles Rams running back Todd Gurley would be restricted — or even outlawed as too risky and vulnerable to manipulation or cheating.

Proposition bets — also known as prop bets — are less popular during the regular season but gain steam during the Super Bowl each year as a way to bet on the outcome of more than one thing at a moment the sports world is intensely focused on a single game.

In testimony before a U.S. House of Representatives committee on Sept. 27, NFL Executive Vice President Jocelyn Moore asked Congress to let professional sports leagues and gambling regulators ban prop bets that involve the performance of individual athletes over the course of a game.

“Examples might range from the number of passing yards by a quarterback in a football game or the number of points or rebounds by a team during a quarter of a basketball game, to the number of ‘throw-ins’ in a soccer match, or even how many flags a referee might throw in a contest,” she testified. “These types of bets are significantly more susceptible to match-fixing efforts, and are therefore a source of concern to sports leagues, individual teams, and the athletes who compete.

“To address concerns regarding risky betting fixtures, we encourage Congress to allow professional and amateur sports organizations to identify which types of bets simply pose too significant a risk to the integrity of sports and to work with regulators not to authorize them,” she said.

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NFL Called out as Hypocritical with its First Official Casino Partnership

Casino Watch Focus has reported on the many dealings with the NFL as it relates to gambling. For the longest time, the NFL has opposed sports betting and cited integrity concerns among others. Even as the Supreme Court legalized sports gambling, the NFL has been involved in lobbying efforts to keep gambling heavily regulated. There has been a shift where the NFL is engaging in name based marketing deals that allow casinos to use the NFL Shield, but limit how gambling can be mentioned. The Action Network explains:

On Thursday, the NFL announced that it signed a sponsorship deal with Caesars Entertainment to be the league’s first ever official casino partner. It was received by some as a sign that the NFL was finally coming around to cashing in on sports gambling.

It is and it isn’t. Caesars is doing the deal because they can use the NFL logo while promoting their brand. But they can’t do much more than that.

This isn’t a sports betting deal, it includes no rights to marks on boards at Caesars sportsbooks — physical or virtual. It’s not even a gaming deal: Caesars isn’t getting into daily fantasy.

It’s a money deal: Sources say the deal is worth $25 million a year and that it doesn’t include any provision for sports gambling, meaning Caesars wouldn’t automatically get a gambling designation.

One sports analyst reviewed their deals in this new gambling space, and has called out he league as being hypocritical with the actions, especially as it relates to players. The Action Network continues:

The NFL is playing a precarious game, allowing teams to do deals with casinos, and even sportsbooks, as long as they don’t mention anything about betting.

The decision by the NFL to go so slowly into the gambling space is a baffling one, from an outsider’s perspective. The NFL’s sports-betting shift is going to be the most embarrassing, which means Roger Goodell will end up eating more crow than any of his counterparts.

Remember, this is the same league that opposed players *even being in a Vegas casino*. Nearly 100 players were barred from participating in a football convention in Vegas back in 2015 because it took place in a casino.

In fact, players /still/ can’t promote casino properties. And now the league is doing a deal to … promote a casino property. Talk about hypocrisy. “NFL signing casino deal, teams signing casino deals and NFL players are still not allowed to do any endorsements with casinos,” a current NFL player texted me after I tweeted about the deal Thursday morning. “So messed up.” 

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Will Florida Amendment 3 Push the NFL’s Jaguars to London?

Casino Watch Focus has long reported on the many faces of sports betting. With a fairly recent Supreme Court decision that allows for sports betting, many states have expanded in many ways. Florida had yet to pass legislation to legalize sports betting, so everything from daily fantasy sports to full sports books, remains open in Florida. Recently, the NFL has started shifting advocacy to support sports gambling and individual teams will be able to set up sponsorships like the Dallas Cowboys have done with a casino in their market. The Miami Dolphins came out against Amendment 3 and now there is talk about the Jaguars being more open to moving to London to avoid the current lack of open sports betting options in Florida. The NESN sports network explains: 

The future of legalized sports betting in Florida looks bleak at best, and one prominent NFL reporter thinks that could significantly alter the league’s landscapes in years to come. Pro Football Talk’s Mike Florio on Wednesday morning wondered whether the new law makes it more likely Jaguars owner Shad Khan will ultimately move the team to London. “The passage of the new amendment that, as a practical matter, will make it much harder to adopt sports wagering (and in turn create revenue streams like in-game prop bets) could make a relocation to London even more attractive to Khan,” Florio wrote. 

Speculation about Khad moving the Jaguars to London has existed almost since Khad bought the team in 2011. Khan’s purchase of English soccer club Fulham in 2013 only fanned those flames, and there’s been increased chatter about a potential relocation in recent years. Sports betting is far more prominent in the English soccer world, with no shortage of English Premier League partnerships. What’s more is that in-game betting is also allowed, and fans can place those bets from inside the stadium. The latest developments in Florida not only ensure in-game wagering won’t be coming to the Sunshine State anytime soon. It will also make it harder for the state’s pro sports teams to partner with sportsbooks because, well, the sportsbooks aren’t coming to Florida.

There are a lot of variables to the level of profitability form gambling NFL teams will even see, not to mention all of the logistical issues with the NFL having a team in London in general. Its hard to imagine that the chance of side gambling profits, profits that barely exist in the league at the moment, would be enough to move a team. This will undoubtedly be a developing story, but the move to London has been a topic since 2011, so its unlikely Florida NFL fans have much to worry about right now. 

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Despite Supreme Court Ruling to Legalize State Sports Gambling, Florida doesn’t Seem Likely to See Such Gambling Expansion this Soon

Casino Watch Focus has reported on the ongoing efforts by New Jersey to legalize sports betting, including the news that the Supreme Court may have just put forth the largest expansion of gambling policy ever by allowing all states to now legalize it. For months states have been gearing up for this possible scenario and the sports leagues have likewise been in communication with state legislatures to ensure they see a piece of the new gambling pie. However, Florida may be one of the few states that wont see an immediate rush to capitalize on this new gambling expansion frenzy. The Florida Times Union online explains: 

in Florida, two major obstacles — a ballot initiative and the need for a special legislative session — stand in the way of joining states such as Mississippi and Pennsylvania, which have cleared the decks to allow gamblers to bet on professional and collegiate sports teams as soon as the NFL season begins in the fall.

A proposed constitutional amendment on the November ballot will allow Florida voters to decide if they want to control decisions about gambling, something now largely left up to the Legislature. If Amendment 3 passes, voters statewide would have to sign off on future gambling expansions.

Sen. Bill Galvano, R-Bradenton, who has been a lead negotiator on gambling issues for several years, said Monday the high court ruling won’t have an immediate impact on Florida, where sports betting is illegal.

Galvano and his House counterpart, Jose Oliva, R-Miami Lakes, last month raised the possibility of a special session to address perpetually elusive gambling issues but abandoned the notion after Gov. Rick Scott secured a yearlong gambling deal with the Seminole Tribe. The agreement is focused on the tribe’s promise to continue making payments to the state in exchange for “exclusivity” over “banked” card games, such as blackjack. A special session in reaction to Monday’s court decision is unlikely, Galvano said.

John Sowinski, the chairman of Voters in Charge, a political committee behind the amendment, called the court ruling another reason to support the proposed constitutional amendment because the measure would give voters a say in gambling activities. “A lot of people in Florida would be relieved to know that, if we’re going to have sports gambling in this state, it’s going to happen by design of Florida voters, not by Tallahassee politicians and gambling lobbyists,” he said.

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UPDATE: Supreme Court Strikes down Federal Sports Betting Ban, Creates ‘Wild West’ for Sports Gambling and Potential Devastation for Problem Gamblers

Casino Watch Focus has reported on the ongoing efforts lead by New Jersey to reverse federal bans of sports betting. After many failed attempts, New Jersey has finally succeeded in opening the door for them to regulate sports gambling. This obviously opens the door for every state as well, and the ramifications will be serious. In an op-ed piece published by the Hill, John W. Kindt, a professor of business and legal policy in the Department of Business Administration at the University of Illinois’ Gies College of Business, who for 20 years has focused his specialty research on the societal, business and economic impacts of decriminalizing gambling activities, outlines how such a reversal of policy creates a Wild West: 

On Monday, the Supreme Court issued its decision in Murphy v. NCAA, a case brought by the State of New Jersey to overturn the 1992 Professional and Amateur Sports Protection Act (PASPA), which was sponsored, ironically enough, by former Sen. Bill Bradley (D-N.J.), a professional basketball legend, to protect the integrity of U.S. sports. Trying to legalize sports gambling, New Jersey lost twice in U.S. district court and twice in the Third Circuit U.S. Court of Appeals between 2012-2014. In a perplexing move, however, the Supreme Court accepted New Jersey’s appeal and heard the case on Dec. 4, despite the recommendation of the Office of the Solicitor General advising the court to reject New Jersey’s appeal.

Generally ignoring the practical economic and social effects of enabling unregulated “real time” sports gambling, for example by kids on cell phones, a divided court decided “to destroy PASPA rather than salvage the statute” complained Justice Ruth Bader Ginsburg in her dissent.

The majority decision focused almost exclusively on New Jersey’s myopic arguments invoking the “anti-commandeering” principle of a 1992 case New York v. United States, while ignoring the obvious interstate impacts and the well-established Commerce Clause empowering congressional action on interstate sports.

While appearing innocuous to the uninitiated, the Murphy case will quickly generate ubiquitous and unregulated “Wild West” sports gambling. It is academically well-documented that this type of gambling is poised to explode with local and strategic economic impacts negatively affecting the U.S. economy.

While unlikely, immediate congressional actions regulating the practical impacts of the Murphy case are necessary.

While the Supreme Court cited the U.S. Gambling Commission’s 1999 Final Report, the court missed the Final Report’s numerous recommendations against gambling in cyberspace — particularly sports gambling.

Sports gambling in real time on cell phones and computers was highlighted as an example of the “crack cocaine” for hooking college students, teens and kids into addicted gambling. The Supreme Court also missed a wide spectrum of negative economic and financial issues associated with widespread sports gambling.

The complete editorial can be read HEREAdditionally, its important to understand this move might be the single greatest expansion of gambling seen by a single court case. The ramification of such explosive legalized gambling cant be overstated. A Press Release by the National Council on Problem Gambling explains their position: 

“Today’s ruling by the Supreme Court is the largest potential expansion of gambling in our nation’s history now that an additional 49 states have the opportunity to legalize sports betting. NCPG believes the expansion of legalized sports gambling in the United States will likely increase gambling participation and gambling problems unless steps are taken to minimize harm,” says Marlene Warner, President of the NCPG Board of Directors.

NCPG’s wide-ranging and deep experience in these fields since 1972 allows the organization to provide a clear-eyed perspective on both the benefits and pitfalls of legalized gambling, and to find a middle way that addresses concerns on all sides. Revenues from legalized sports betting must be viewed in the context of social costs. Research has shown that current gambling activity generates over $115 billion in overall revenue to local, state and federal government, but also results in $6.5 billion in associated costs, including criminal justice and healthcare costs. These costs are often hidden and difficult to see. Approximately 2% of adults experience gambling problems, or approximately 5 million people. These social and economic impacts must not be ignored.

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Florida Bill Seeks to Legalize Daily Fantasy Sports, but Might Violate the Seminole Gambling Compact

Casino Watch Focus has reported on the various attempts at legalization of Daily Fantasy Sports DFS), especially in Florida, a state that has been heavily lobbied due to major DFS companies DraftKings and FanDuel physically residing there. Last January an attempt was made to officially legalize, but it never materialized. New efforts have surfaced and have now passed committee. Florida Politics reports:

A proposal to exempt fantasy sports from state gambling regulation cleared a Senate committee Thursday—but with one notable opponent.

“I don’t think the issues raised are clear,” said Sen. Dorothy Hukill, a Port Orange Republican and vice-chair of the *Regulated Industries Committee, which handles gambling policy.

Aside from Hukill’s ‘no’ vote, that committee otherwise moved the bill (SB 374) by *Dana Young, a Tampa Republican, on an 8-1 vote. Similar measures (SB 840 223) have been filed for the upcoming Legislative Session.

In the online games, players pick teams of real-life athletes and vie for cash and other prizes based on how those athletes do in actual games.

Asked to clarify her position after the meeting, Hukill said, “Is this a game of skill or not? I don’t think that’s clear, at least for now.”

The issue isn’t as simple as legislation clarifying if it’s a game of skill or change and gambling or simple recreation. There is also the issue of the major gambling compact between Florida and the Seminole Tribe. They have issued a letter that clearly outlines they view Fantasy Sports as gambling and in violation of the compact and they have threatened to withhold payments to the state if such gambling expansion is pushed through by the legislature. On online source explains:

In a Tuesday letter to the state officials, the Seminole Tribe made it clear that the regulation of sports contests is to violate the tribe’s exclusive rights and the Seminole is to stop making payments to the state. The letter was signed by the Tribe’s general counsel Jim Shore and addressed to Sen. Travis Hutson and Rep. Mike La Rosa. The letter points out that the bill is to reduce the Tribe’s exclusivity. Furthermore, it states that the tribe is ready to discuss the issue with the state representatives. According to the letter, the bill is to violate Part XII of the 2010 Gaming Compact between the State and Tribe.

At present, the state reaps more than $200 million per year for granting gambling exclusivity to the tribe. Supposing that the state to tax daily fantasy sports contests, the tribe threatened to cease payments to the state. Industry insiders believe that the tribe’s warnings may change the officials’ stance on the matter and the DFS regulation may hit the rail. This seems to be the likely scenario as Florida is eyeing DFS regulation since 2015. Two years later, the bill is pending a stamp by the local government. 

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