TRIBAL GAMING
The Hub and Spoke Model
3, in order for casino gambling to be authorized under Florida law. This section amends this Article; and also affects Article XI, by making citizens’ initiatives the exclusive method of authorizing casino gambling. 21 Florida's Constitution provides that, “‘[c]asino gambling’ is any of the types of games typically found in casinos and Class III gaming defined by IGRA.” 22 The language giving Florida voters the right to authorize casino gambling in the state, however, did not and could not interfere with the rights of Tribes to offer gaming on their Tribal lands. A carve-out in the Amendment excludes Tribal lands from the voter approval requirement. Section 30, subsection c provides: Nothing herein shall be construed to limit the ability of the state or Native American tribes to negotiate gaming compacts pursuant to the Federal Indian Gaming Regulatory Act for the conduct of casino gambling on Tribal lands, or to affect any existing gambling on Tribal lands pursuant to compacts executed by the state and Native American tribes pursuant to IGRA. 23 Sports betting falls within Florida’s definition of casino gaming because of its explicit mention in IGRA. However, this provision preserved the right of a tribe and the state to enter into and continue existing Tribal-state compacts for the conduct of casino gambling on Tribal lands. The “on Tribal lands” exception allows the Compact’s hub-and-spoke model to survive because all wagers are legally “deemed” to occur where the server is located, which is “on Tribal lands.”
Amendment 3 requires expansion of casino gaming in the state to be approved by a citizen initiative. The crux of the Plaintiffs' state law argument is that the 2021 Compact was an expansion of casino gaming, requiring a vote. However, because of the specific requirements and procedures the Tribe must follow to conduct online betting, no expansion was made beyond Tribal lands. The carve-out in Amendment 3 prohibiting interference with Tribal state compacts regarding gaming activities on Tribal lands, allows for the authorization of mobile sports betting. The 2021 Compact creates a “hub and spoke” model, under which sports wagers are deemed placed when the server on Tribal lands receives them. The model arises from the requirements imposed on the Tribe for conducting online sports betting across the state under the Compact. To carry out this betting design, the Seminole Tribe created a platform called “Hard Rock Bet,” which serves as the exclusive legal sports betting platform in Florida. There are two primary requirements for using electronic devices to place sports bets under the app–requirements of the 2021 Compact. First, the device must be located in the state of Florida when a bet is placed. Second, the servers for the app responsible for posting, accepting, and paying-out bets must be located on the Seminole Tribe’s land. When these two requirements are met, the sports bets are deemed to have been placed on Tribal land. Bets placed by people located in other states cannot be accepted on the app, nor can servers be placed on non-Seminole land. Tribal Exclusivity There is no doubt the intention of the 2021 Compact was to grant the Seminole Tribe the exclusive right to operate sports betting in Florida. However, opponents of the Compact raised this as an issue in West Flagler, alleging that the Secretary of the Interior's approval through inaction of the Compact, “violated the Fifth Amendment's equal protection guarantee.” 25 Arguing the “[c]ompact impermissibly grants the
Does the 2021 Seminole Compact impermissibly expand sports betting throughout Florida
In June 2024, Casinos filed a new lawsuit in a Florida Circuit Court. The new complaint asks the Circuit Court to grant a declaratory judgment and an injunction to preclude the 2021 Compact’s authorization of online sports betting across the state. Named as defendants in the new lawsuit are the state, the Florida Gaming Control Commission, and its members. 24 21 Id. at § 30 (a). 22 Fla. Const. Art. X, § 30; 25 U.S.C. §§ 2701 et seq. 23 https://www.nigc.gov/office-of-general-counsel/laws-and-regulations/indian-gaming-regulatory-act/ 24 On November 5th, 2025 the Leon County Circuit Court issued a decision, finding that Plaintiff, Protect the Constitution, LLC had not estab- lished standing, allowing them until November 21 to file a possible revised version. 25 W. Flagler Assocs., Ltd. v. Haaland, 71 F.4th 1059, 1064 (D.C. Cir. 2023), cert. denied, 144 S. Ct. 2671, 219 L.Ed. 2d 1292 (2024).
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