Although Florida is only the 22nd largest state in the US, it is ranked the 4th highest in population with 19,522,860 (est. 2013). When we think of the Sunshine State, we imagine extensive beach fronts, affluent mansions and oceanfront condos, superlative deep sea fishing and the majestic everglades. Anyone with a poker-oriented thought process might think of the prestigious Highland Poker Tour at the Daytona Beach Kennel Club, the WPT Poker Showdown at the Seminole Hard Rock Poker Room, or the multitude of WSOP Circuit events that take place throughout the state each year.
Florida is most certainly a hotbed for live poker action, but online poker is another matter. The aim of this document is to examine the current laws of gambling in the state to determine whether online poker in Florida is legal, illegal, or in one of those obscure gray areas of the law.
Land-based Gambling in Florida
Generally, the first step in assessing the gambling laws of a state is to examine the land-based gaming industry. If such an industry does not exist, it’s a clear sign that online poker won’t likely be an accepted activity, whereas a state that harvests exorbitant tax dollars from gambling may lean more towards acceptance of internet-based gaming. In Florida’s case, wagering is huge business. There are more than 30 gambling destinations in Florida, including casinos, poker rooms, racetracks and jai-alai betting options; 27 of which offer poker tables. And that’s not including the 100+ casino cruise ships that sail from Florida ports on a regular basis.
Deciphering the Laws of Florida as they relate to Online Poker
Once considered a gray area in terms of online poker legalities, Florida has spent the last few years altering its gambling legislation to give a more precise declaration on the matter. We’ve sorted out all laws that do (or could) apply to internet poker, followed by an intelligible meaning of each. You may also wish to explore the full text of the Florida Statutes, Title XLVI (46), Chapter 849: Gambling.
| Section | Text | Meaning (in re online poker) |
| 46-849-08 Gambling | Gambling—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… | Unlawful gambling in any way, shape or form, including by means of a device (see 46-849-16 below), is punishable by up to 60 days in jail and/or up to $500 fine. |
| 46-849-086 Cardrooms Authorized | (3) CARDROOM AUTHORIZED—Notwithstanding any other provision of law, it is not a crime for a person to participate in an authorized game at a licensed cardroom or to operate a cardroom described in this section if such game and cardroom operation are conducted strictly in accordance with the provisions of this section. | Playing poker is only legal if the cardroom you play at is licensed by the state of Florida. Playing at legally licensed cardroom is not considered gambling. |
| (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may operate a cardroom in this state unless such person holds a valid cardroom license… | Any cardroom that is not licensed by the state of Florida is illegal. Therefore knowingly participating at a cardroom that is not licensed is illegal gambling. | |
| (15) CRIMINAL PENALTY; INJUNCTION.— (a)1. Any person who operates a cardroom without a valid license issued as provided in this section commits a felony of the third degree… |
The penalty for operating an unlicensed cardroom in Florida is up to 5 years in prison and/or $5,000 fine; punishments escalate for habitual offenders. | |
| 46-849-16 Machines or Devices which come with Provisions of Law Defined | (1) As used in this chapter, the term “slot machine or device” means any machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system is directly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may: (a) Receive or become entitled to receive any…thing of value… |
Playing online poker for real money requires an account ID to be entered, thus logging onto a poker site on a computer or mobile device is considered using an illegal device. The presence of skill and/or luck in a game is not relevant, thus poker cannot be excluded from the definition. So long as anything of value can be won or lost, internet wagering sites of any kind are illegal without the explicit authorization of the state. |
Is Online Poker Illegal in Florida?
Yes. Florida law clearly prohibits online poker. The definition of a gambling device is quite thorough in describing any machine that could be used to gamble on games of chance or skill. The penalty for playing real money online poker in Florida is also clearly defined as a second degree misdemeanor with a punishment of up to 6 months in jail and/or $500 in fines.
Is Florida working to Legalize Online Poker?
At one time, yes. In early 2010, a bill was introduced to regulate and tax online poker in Florida, but by April of that same year it died in committee. In 2011, another attempt was made to legalize multiple forms of online gambling, not just internet poker, but again it didn’t get very far before disintegration. Since then, the state’s lawmakers have shifted their focus in the opposite direction, enacting legislation to specifically prohibit online gambling.
Florida’s new laws that effectively prohibit online poker were hastily pushed into effect in 2013 with the original intent of criminalizing internet cafes. In fact, the urgency was such a dominating factor that, for a brief time upon initial enactment, it appeared the state had accidentally made it illegal to even a computer or smartphone in Florida. That hasty typographical error was quickly rectified. No further measures to legalize or regulate online poker have been brought up since.
Online Poker Players from Florida
Being the home of such a massive, high-profile live poker regime, it’s no surprise that Florida is the birthplace of so many professional online poker players. Some of the more prominent members of that group include Dustin “icuucme23” Hunt, Luke “worm1120” Doolittle, Ryan “declandunn” Dunn and Alan “alanperc27”/“alanperc18” Percal.
Land-Based Card Rooms in Florida
Florida is a land of ‘gambling aplenty’, featuring dozens of casinos, poker rooms, racetracks and jai-alai betting forums, not to mention a seemingly endless throng of casino cruise ships. The following is a list of all land-based gambling destinations, most of which do offer a poker room of some size. Note that cruise ships have been omitted from the list as they are not technically “land-based” destinations.
Bestbet Poker Room
Location: Orange Park, FL
Poker Room: Yes
Calder Casino & Race Course
Location: Miami Gardens, FL
Poker Room: Yes
Casino Miami Jai-Alai
Location: Miami, FL
Poker Room: Yes
Dania Casino & Jai Alai
Location: Dania Beach, FL
Poker Room: Yes
Daytona Beach Kennel Club and Poker Room
Location: Daytona Beach, FL
Poker Room: Yes
Derby Lane Racetrack & Poker
Location: St. Petersburg, FL
Poker Room: Yes
Ebro Greyhound Park & Poker Room
Location: Ebro, FL
Poker Room: Yes
Fort Pierce Jai-Alai & Poker
Location: Fort Pierce, FL
Poker Room: Yes
Gulfstream Park Racing & Casino
Location: Hallandale Beach, FL
Poker Room: Yes
Hialeah Park Racing & Casino
Location: Hialeah, FL
Poker Room: Yes
Isle Casino Racing Pompano Park
Location: Pompano Beach, FL
Poker Room: Yes
Magic City Casino & Flagler Dog Track
Location: Miami, FL
Poker Room: Yes
Mardi Gras Casino
Location: Hallandale Beach, FL
Poker Room: Yes
Melbourne Greyhound Park & Club 52 Poker
Location: Melbourne, FL
Poker Room: Yes
Miccosukee Resort and Gaming
Location: Miami, FL
Poker Room: Yes
Naples Fort Myers Greyhound Racing & Poker
Location: Bonita Springs, FL
Poker Room: Yes
Ocala Poker & Jai-Alai
Location: Citra, FL
Poker Room: Yes
Orange Park Kennel Club
Location: Orange Park, FL
Poker Room: No
Orlando Jai Alai at OLE
Location: Fern Park, FL
Poker Room: No
Palm Beach Kennel Club Poker Room
Location: West Palm Beach, FL
Poker Room: Yes
Pensacola Greyhound Track & Poker Room
Location: Pensacola, FL
Poker Room: Yes
Sanford-Orlando Kennel Club
Location: Longwood, FL
Poker Room: No
Sarasota Kennel Club & One Eyed Jacks Poker
Location: Sarasota, FL
Poker Room: Yes
Seminole Casino Big Cypress
Location: Clewiston, FL
Poker Room: No
Seminole Casino Brighton
Location: Okeechobee, FL
Poker Room: Yes
Seminole Casino Coconut Creek
Location: Coconut Creek, FL
Poker Room: Yes
Seminole Casino Immokalee
Location: Immokalee, FL
Poker Room: Yes
Seminole Classic Casino Hollywood
Location: Hollywood, FL
Poker Room: No
Seminole Hard Rock Hotel & Casino Hollywood
Location: Fort Lauderdale, FL
Poker Room: Yes
Seminole Hard Rock Hotel & Casino Tampa
Location: Tampa, FL
Poker Room: Yes
Tampa Bay Downs Racing Poker Golf
Location: Tampa, FL
Poker Room: Yes
Tampa Greyhound Track
Location: Tampa, FL
Poker Room: Yes