Florida Online Sports Betting to Continue While State Supreme Court Contemplates Lawsuit

• A motion to suspend online sports betting until the conclusion of a Florida Supreme Court lawsuit has been denied
• West Flagler Associates filed the motion to suspend Florida online sports betting earlier this month
• The Seminole Tribe launched online sports betting in a limited fashion on Nov. 7

Florida online sports betting will continue as the Florida Supreme Court contemplates a lawsuit asking to strip online sports betting from the state’s 2021 gaming compact.

The Florida Supreme Court today denied a motion from West Flagler Associates to expedite the exercise of its all writs jurisdiction and immediately suspend Florida online sports betting pending a final ruling on its petition for writ of quo warranto.

Basically, Florida online sports betting will continue while the lawsuit is still ongoing.

Seminole Tribe Pleased With Results

A spokesperson for the Seminole Tribe said the Florida Supreme Court’s decision was a good outcome for the tribe.

“The Seminole Tribe of Florida is pleased with this unanimous decision by the Justices of the Florida Supreme Court,” the tribal spokesperson told Sports Betting Dime.

The Florida Supreme Court has denied West Flagler's request to suspend Florida online sports betting while the court contemplates West Flagler's lawsuit.

Florida online sports betting will continue as the Florida Supreme Court considers the lawsuit.

(h/t @BeatinTheBookie) pic.twitter.com/0QJdaqUpq2

— RLinnehanXL (@RLinnehanXl) November 17, 2023

Counsel for West Flagler filed the motion with the Florida Supreme Court on Nov. 8, one day after the Seminole Tribe launched Florida online sports betting.

Raquel A. Rodriguez, counsel for West Flagler, wrote in the motion that the Seminole Tribe launched its online sports betting app with no prior warning, just days after it announced it would be launching in-person sports betting on Dec. 7.

“Taking advantage of the distraction created by their carefully crafted announcement on Nov. 1, the Tribe has sought to surprise the petitioners and this court by presenting a ‘fait accompli’ on Nov. 7. It has indeed taken live bets as of today,” she noted.

The only solution, she wrote, is for the court to immediately suspend online sports betting until the court has the opportunity to rule on West Flagler’s lawsuit. The decision to launch online sports betting and “side-step” the will of the citizens and Florida constitution mandates the court exercise its “all writs” power and suspend online sports betting, she wrote.

The Florida Supreme Court disagreed and denied the motion this afternoon.

So Where Does Everything Now Stand?

The Florida Supreme Court is still mulling over West Flagler’s lawsuit to strip the online sports betting language out of the state’s 2021 gaming compact. The court is currently waiting on a response to the lawsuit from Gov. Ron DeSantis (R) and his counsel, which is due by Dec. 1. Due to this schedule, the court will be unlikely deliver a final ruling prior to early 2024.

The Seminole Tribe and its Hard Rock casinos are still planning to launch in-person sports betting, roulette, and craps throughout the state on Thursday, Dec. 7.

There is no word as to when the tribe will fully launch online sports betting through its Hard Rock Bet app. The Hard Rock Bet sportsbook is only offering online sports betting through “limited access” for customers that already have a sports betting account.

Of course, a federal hearing is still an avenue that may determine Florida’s online sports betting fate.

SCOTUS Still Looms Over Florida Online Sports Betting

A potential hearing with the Supreme Court of the United State (SCOTUS) still looms large over the entire Florida sports betting landscape.

West Flagler previously revealed it would be pursuing a writ of certiorari to hear the case with SCOTUS. The plaintiffs have a 90-day window, which began on Sept. 11, to pursue the writ by a Dec. 11 deadline.

There are two possibilities moving forward if West Flagler does pursue a writ of certiorari. One, SCOTUS decides to deny the writ of certiorari and does not take up West Flagler’s case, which would likely happen in early 2024, and would end West Flagler’s federal pursuit to bar sports betting for the tribe.

The second possibility is SCOTUS grants West Flagler’s request and accepts the writ of certiorari to hear its case. A final decision on the case likely wouldn’t happen until 2025 if SCOTUS accepts the lawsuit.

SCOTUS actually paved the way for the tribe to launch online sports betting earlier this month. In October, SCOTUS denied West Flagler’s request for a stay of the D.C. Circuit Court’s mandate that would legalize Florida sports betting, which may not be a good omen for West Flagler’s chances moving forward.

SCOTUS denied the request and lifted a temporary stay of the mandate that was ordered by Chief Justice John Roberts on Oct. 12.

Despite the ruling, Justice Brett Kavanaugh issued an opinion upholding the stay denial, but noted that he held separate concerns with the 2021 Florida gaming compact.