Unlike many other US states, Florida actually has a law on the books that make it illegal for residents to participate in any form of online gambling as it pertains to games of chance. If caught, the individual can be charged with a second-degree misdemeanor. Realistically, Florida law enforcement is not likely to pursue said charges for practical reasons and due to the current overall climate of acceptance of online gambling that’s moving through the country.
As for the future, there are rumblings about a potential discussion on Florida online gambling legislation that could take place in the near future. The motivation for said discussion would likely be centered around the state’s opportunity to fill the state’s tax coffers from online gambling related tax and licensing fee revenues.
Before the state legislature gets too far down the line with any new legislation, they may want to take note of what’s going on at the federal level.
DOJ Considering Reversing of 2011 Opinion on 1961 Wire Act
Back in 2011, the US Department of Justice (DOJ) issued its opinion on the 1961 Wire Act. The wire was intended to make it illegal for US citizens to fund online gambling accounts via debit/credit cards, Western Union or bank wire. Based on the 2011 opinion, the DOJ decided to issue a memo stating they felt the Wire Act applied only to online sports gambling through offshore accounts. Remember, sports gambling in the US was illegal (excluding Nevada) in the US until May of 2018 when the US Supreme Court ruled the ban against sports gambling was unconstitutional.
Recently, officials at the DOJ indicated the department was having a change of heart regarding its prior 2011 opinion. By reversing that opinion, the DOJ would effectively make it illegal to use wires to fund any kind of online gambling activities. That would include lotteries and online casino gambling.
The reaction to this new declaration was instant turmoil among states that have already legalized said activities for its residents. Currently, the Attorney Generals from several states (New Jersey, New Hampshire, etc.) are banning together to file a lawsuit against the DOJ.
DOJ Having Another Change of Heart
In mid-February of this year (2019), the Wall Street Journal pointed out that the recent DOJ memo was particularly similar to a 2017 memo sent to the DOJ by none other than Las Vegas Sands Corporation CEO Sheldon Adelson. Adelson has long been an outspoken opponent of any form of online gambling that might have and adverse effect on his corporation’s bottom line from land-based casino operations.
Given the potential optics of being unduly influenced by a biased party like Adelson, there’s a good chance the DOJ is going to end up reconsidering its reconsideration. That would go a long way towards alleviating a lot of stress among state legislators who have been scrambling trying to decide how to react to any new adverse DOJ opinions. Assuming the DOJ does back off, states like Florida will have a clear path towards passing any online gambling legislation they deem beneficial.