Online Poker For Real Money In Florida

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• Florida Legal Poker 2021 Poker is big business in Florida, with dozens of great land-based casinos and cardrooms, and a long tradition of legal gambling. When it comes to online gaming, however, things get a little hazier. In 2021, there is no law regulating - or specifically outlawing - online poker to residents of the Sunshine State.
• Players can also legally play online poker game for real money at Florida friendly online poker rooms, which are licensed and regulated in offshore gambling jurisdiction. Though based in foreign countries and not regulated in Florida, these offshore online poker sites are 100 percent legal.

• Legal Online Poker Real Money
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If you want Online Poker Real Money Legal In Florida to play casino games on the Web, we have compiled a selection of the best online casinos for US players. This selection is based on promotions, bonuses, security, cash out options, reputation, software robustness, graphics, customer service, game diversity and the overall respect Online Poker Real Money Legal In Florida of the player. Online poker for real money in Michigan went live at the end of January, 2021 and PokerStars is off to a booming start. For those who want to play poker online with just their friends, for free or real money, PokerStars offers the poplar Home Games feature where you can run your own private poker club.

Important FL Notes

• FL citizens legally play at offshore poker sites (via Federal)
• Online gambling has been discussed in the state legislature
• Live poker is available at racetrack facilitates
• Commercial casino gambling is not yet legal in the state
• Tribal casinos can also offer live poker in Florida

“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”

Future Outlook of Online Poker in Florida – Estimated date of legalization: 2019-2020

The following graph tracks our expected legislation of online poker in Florida on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.

Recent Activity
Currently, Florida is one of three States with a Prohibition Law on internet poker. However, the future of online poker in the State isn’t necessarily at a dead end. Online gambling was discussed in Florida’s Senate Gaming Committee hearing, but internet gambling, in any form (poker or casino) has not been a part of any reform bill thus far.

Some speculated that a separate bill that called for regulation of online gambling would be introduced, but this has not been the case. Online gambling was not legalized in the Sunshine State in 2016, but has a strong chance within the next 2-3 years. Florida generates more than $385 million in revenues per year from land-based gambling, including offshore gambling cruises, Indian casinos and horse and thoroughbred racing.

It’s likely a gambling reform bill will be passed within the next few years, whether that includes online poker is the million dollar question. Internet gambling may also be introduced as a separate bill. Florida may take a wait and see approach, however. With other states likely launching regulated intrastate markets in 2017, their success may push the state to move forward faster. I think legalization sometime in 2017-18.

Poker is legal in Florida if played at specific, licensed land based card rooms and under strict regulations. The game can also be played for small stakes in a home setting, as long as certain conditions are met. Living in Florida myself, I believe certain corrupt dealings and money is making its way to the wrong hands – we had 3 poker rooms in less than 30 minutes of each other in the Greater Jacksonville Area.

Ambiguity rules in the case of online poker in Florida. While there are no specific laws per se governing online poker or gambling sites, the definition of the law as it stands today is that if you operate an online poker site in the state of Florida, you’ll be guilty of breaking the law. There is no Federal law criminalizing mere poker players playing online.

Current Gambling Laws in Florida

Florida Statues divide gambling into games of chance and games of skill. The definition of games of chance and the consequences for playing them are found under section 849.08 where it is stated:

“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…“

Unregulated games of skill related to bookmaking are defined under section 849.14[A] as:

“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 depository 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.”

Land Based Poker in Florida

In 2010, the Florida House voted 74-39 to approve a new bill that would expand gambling significantly in the state, days after it was approved by the Florida Senate by a 29-9 vote.

Among other things, the bill scrapped the $100 maximum buy in at all cash games restriction, and was considered a huge victory for the rights of poker players in Florida.

Brick and mortar Florida Statues[B] allows poker to be played at home in the form of ‘penny-ante’ games, as long as the “winnings of any player in a single round, hand or game do not exceed $10 in value”. The Division of Pari-Mutuel Wagering in Florida[C] stipulates that penny-ante games…

“Must be conducted in residential premises, owned or rented by a participant in the penny-ante game.”

It is currently illegal to play at poker tournaments that are not held in a licensed cardroom, even if the tournaments are fundraising activities for charity, and even when there are no cash prizes. The law stipulates that the only form of charity gambling that can take place is bingo and some forms of sweepstakes

The Licensing Division also elaborates[D] on this law:

“The current law, Chapter 849.086 Florida Statutes allows gambling on poker games only at licensed pari-mutuel facilities.

If poker is played at any other venue, caution should be exercised to ensure that it is not played in a gambling manner. To constitute gambling, there must be three elements present: 1) Consideration (ie. an entry fee), 2) a game of chance (the Florida Attorney General’s Office has determined that poker is a game of chance; and 3) prizes are awarded to winners (ie. cars, trips, etc.) A game that is operated for the purpose of some of the proceeds going to charity does not circumvent or negate the definition of gambling.”

Live poker has been permitted in Florida since 2001 as long as it is played at licensed pari-mutuel facilities or at tribal casinos. Examples of pari-mutuel facilities include horse racing tracks, dog racing tracks and jai alai frontons. Play at these facilities is still subject to strict stake limits, although these limits were adjusted significantly in 2010 by state legislature.

Live poker games are regulated by the Division of Pari-Mutuel Wagering of the Department of Business and Professional Regulation and governed by Section 849.086 of the Florida Statutes[E].

Twenty five pari-mutuel facilities in Florida have card rooms, while several tribal casinos such as the Seminole Hard Rock in Tampa also offer poker operations. The tribal casinos are not subject to the same limitations as pari-mutuel facilities.

Gambling Laws in Florida

Gambling laws in Florida are governed by Title XLVI – Chapter 849 of the Florida Gambling Statutes[F].

There are essentially three types of casino gambling in Florida, namely Indian casinos, pari-mutuel facilities and casino boats. The minimum age for pari-mutuel betting is 18 years old, while the minimum casino gambling age is 21. No free alcoholic beverages may be provided by these facilities.

When it comes to casino gambling in Florida’s brick and mortar facilities, these differ between tribal casinos and pari-mutuels.

Pari-mutuel facilities in two Florida counties – Broward County and Miami-Dady County – offer slot machines, while the majority of pari-mutuel facilities also offer poker.

Pari-Mutuels are allowed to remain open up to 18 hours a day during the week and 24 hours a day over weekends and certain holidays. The legal age to play poker or pari-mutuel betting is 18 at these facilities, or 21 to play at the gaming machines.

Gamblers are offered the opportunity to board cruise ships that travel offshore to international waters where casino gambling is allowed. The boats travel nine miles into the Gulf of Mexico if they travel from the West coast or three miles into the Atlantic if the leave from the East coast.

The vast majority of these boats offer blackjack, craps, slots, video poker and roulette, while a select few have expanded their games selection with mini baccarat, pai gow poker, three card poker, classic poker, Caribbean stud poker, let it ride, big 6 wheel, bingo and sports betting.

Gamblers need to be 21 years of age to order an alcoholic beverage while on board.

Seven out of the eight tribal gaming locations in Florida are owned by the Seminole Tribe, while the eighth is owned by the Miccosukee Tribe.

The Miccosukee offer limited Class II gaming machines as they have not signed a compact with the state government, and these include slot style bingo games.

The Seminoles’ compact with the state means, however, that the tribe is allowed to offer Class III gaming machines and gamblers will find blackjack, baccarat, mini baccarat, three card poker, Let it Ride and Pai Gow Poker in five out of the seven casinos run by this tribe.

Other games that can be found at all eight tribal casinos include high stakes bingo, video pull tabs and poker. The vast majority of these casinos are open 24 hours a day.

The minimum gambling age for bingo or poker is 18, while you need to be at least 21 years of age to play electronic gaming machines at tribal casinos in Florida.

Florida Lottery offers seven Terminal games[G] and over 60 scratch off games at 13,000 lottery retailers around the state, while games can also be played online at the Florida Lottery website.

Florida lottery laws are governed by Title IV, Chapter 24 State Lotteries[H]. Among the limitations placed on lottery players is that no tickets may be sold to anyone under the age of 18.

History of Gambling in Florida

Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018

References and Citations

Overview

Florida’s laws prohibiting gambling are fairly clear, and much more so than with most states. Title 46, Section 849.08 of the 2015 Florida Statutes prohibits playing or engaging in any game of chance for anything of value, and those doing so are guilty of a misdemeanor in the second degree.

So in other words, it’s a crime to play games of chance for money, with this section giving some specific examples (one of them being faro), which gives you an idea of how old this section really is (as faro hasn’t been popular for a very long time). In fact, the section was written in 1895, when the game was fairly popular.

Cards is the first game mentioned here though, and cards are of course used in poker, so on the face this would at least seem to include poker. There’s no question that this prohibits certain games, including casino games based purely on chance for instance, like roulette or craps. The law specifically mentions roulette and keno in addition to faro and games involving cards.

By mentioning cards, we may wonder whether the law prohibits betting on any card game or just any card game involving chance, or substantially based upon chance. Other states have looked at poker for instance as far as whether it is substantially a game of skill or chance, and if it is found to be substantially based upon skill, it may fall outside the scope of the law against betting on chance games.

However, in this case, the law does state that anyone who engages in a game of cards for any thing of value is breaking the law, not just prohibiting games of chance, ad the fact that any other game of chance is included doesn’t take away from this. The law doesn’t specify betting on certain games of cards, ones involving chance for instance, it simply prohibits betting on card games period, and poker is a card game, and a very popular one in fact.

So does this mean there is no legal poker playing for money in Florida? Section 8409.068, “Cardrooms Authorized,” sets out the conditions where playing poker is legal, where the game is authorized and played at a licensed cardroom. Authorized here is set out in the definitions to mean a game played in a non banking manner.

So non banking means players playing against each other, and not the house. So casino poker is a banking game, and wouldn’t be allowed, but a regular poker game with the house running the game for a fee or a rake, with the players playing hands against one another, would not be a banking game and therefore would fall under the definition of an authorized game.

There’s also the requirement of the game being licensed, which means that the cardroom that it is played at would have a license granted to them by the state to offer such games.

So this is similar to California law, which allows licensed cardrooms offering poker, although licensed poker playing isn’t even close to being as big as it is in California. This is due to the second part, the licensing requirement, and Florida hasn’t been anywhere near as willing to grant licenses for cardrooms, so far limiting them to racinos for the most part, as opposed to the many dedicated licensed cardrooms in California, including some of the largest in the country.

Is It Legal To Play Online Poker In Florida?

The general provisions against gambling in Florida do include gambling on any device, and that could be understood to include gambling on a computer as well, in spite of the section being written 100 years prior to playing poker for money on a computer first became possible.

So playing online in itself would fall under the umbrella of prohibited gambling, engaging in a game of cards “on any device whatsoever,” which includes of course doing so while in the state of Florida, although this is where the playing would be taking place and it would not matter where the servers are located, as it might with the laws of some states who focus on the legality of the gambling arena more.

So in other words some states first look to determine whether the venue is legal or not under state law, and if it isn’t, then playing there isn’t. This can cast a shadow on the legality of playing at venues hosted outside the state, but in Florida, the focus is on the player, on playing, so it’s clear that one is playing poker for money when playing online and that is all that would be needed here to violate the law prima facie.

I’m not aware of anyone else bringing this up before, but we do know that any gambling in Florida at certain games, including poker, is legal provided that the winnings do not exceed $10, and this would apply to online poker as well, as there’s no provisions to exclude this or any other form of poker.

The legality of this is not by way of exclusion, meaning something is legal because there are no provisions against it, in this case it is legal by way of inclusion, with the law specifically mentioning these conditions and specifically declaring them to be legal. So legal by inclusion is much stronger and can’t even be argued with if the inclusion is clear, as it is here.

So this is actually a big deal, as small stakes online poker would be perfectly legal here, although playing for bigger pots would require that they be played at online establishments licensed by the State of Florida, and there are none. This would require licensed and regulated online poker here, which does not exist yet.

Regardless though, people play online poker for whatever size pots they want, and having a law against something and having it enforced are two separate things. Such a law is extremely difficult to enforce anyway, due to the nature of the way that the games are played, privately, so while some players may worry about this, there does not seem to be any reason to based upon the practicality of the matter.

Live Poker Options In Florida

There are 8 Indian casinos and 25 “racinos” that offer live poker in Florida, in addition to the state recently getting its first dedicated cardroom. The racinos are primarily focused on horse and dog racing, and offer a little poker on the side, so these tend to be very small poker rooms, although if you want to play poker and there’s an open seat at a table, it doesn’t matter how many other tables there are.

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The Indian casinos, and there are some huge ones here, offer plenty of live poker action, particularly the ones owned by the Seminole tribe, who run a multi billion dollar operation including not only Hard Rock branded Florida casinos, but also the Hard Rock company itself with hotels, casinos, and restaurants around the world.

While the licensing of non Indian cardrooms has been quite conservative thus far, we’re starting to see that open up with a large cardroom opening up in Jacksonville now, featuring the largest poker room in the state with 70 tables, and we may see more of this California style expansion in the coming years.

Home Poker Games in Florida

In addition to allowing poker to be played in licensed cardrooms, the law also allows for small stakes games, which can be played anywhere. The provision dealing with this, in Section 849.085(a), sets forth several games that can be played legally, and specifically mentions poker, provided the winnings of a single hand do not exceed $10 in value.

So if pots do not exceed $10, the home poker game would be legal, but if it did exceed this amount, it would not be, and games that do have these bigger pots would have to be played at licensed cardrooms – or at one of the Indian casinos in the state – which operate outside this legal framework due to the recognized sovereignty of certain Indian tribes.

The Future of Online Poker in Florida

There has been some progress made with gambling regulation in Florida recently, but it’s been limited to looking to expand the licensing of land based gambling facilities. So this may mean that we may see even more poker rooms open up in the state, and Florida has a lot of people and a lot of gamblers as well, and the market hasn’t been anywhere near fully tapped yet.

Land-based gaming operators often see online gambling as a threat to their business, even though it’s been shown that this isn’t really the case, as online gambling and land based gambling are distinct experiences , and a lot of the business that online gambling captures is outside the reach of land based gambling. It’s not that people are going to visit cardrooms or casinos every evening, these are excursions rather than a part of one‘s everyday activities.

This competition already exists though, and land-based interests need to realize that, as Florida residents already can gamble and play poker online to their heart’s content. The only thing regulation would change is that these interests would be given an opportunity to profit themselves from it rather than seeing all the profits go offshore as they do now.

We’re a ways away from that though, but in the mean time, to players, it doesn’t matter, as several good online poker sites are already very willing to let them play on their sites.

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