In 2018, Florida’s voters turned out and controlled the expansion of games in the state. Amendment No 3 gave to residents the final decision on any action involving new gambling opportunities, and progress has been very slow ever since. The control of the major tribe of the State, the Seminole, over the industry is part of the lack of serious progress, but this is not the only reason. It is also necessary for voters to decide the fate of the game to slow down. However, at least for sports games this could not be the case much longer.
The State may not have to seek public approval for the launch of sports gambling operations, according to the report by Daniel Wallach on Forbes. Amendment No 3 is formulated so that all forms of’ casino gambling’ are covered. However, notable absence in the language of the bill is that sports gambling is mentioned. In Florida’s constitution, the sentence is also absent. It means that legislators could proceed without the permission of voters with a sports gambling bill.
Asserts Wallach, the’ language in Amendment 3, which requires that the game’s typical “case game” be the type of game from 6 November 2018, when the amendment was adopted. Appraising the landscape of the casino at that time I was quite sure that the’ typical sports’ betting was not found for one reason: it was only offerable in six of 30 states where casino gambling was authorised.’ Wallach points out that at least once the Florida Supreme Court has discovered it (Zingale v. Powell, 885So.2d 277, 282-83, Florida Supreme Court).
Furthermore, in fact, the Constitution can permit sports gambling in particular. The subject is clear in Section 30, Article X, which discusses gaming. Section 30(b) of Article X states,”[ A]s in this section ‘ casino gaming’ means any of the kinds of gaming typically found in casinos and defined in the Federal Indian Gaming Regulatory Act in Class III, 25 U.S. C. ss. 2701 et seq (“IGRA”), and 25 of the Federal Republic of Germany; 502.4 and any addition in future to the Class III definition of gaming after the adoption of this amendment. “Wallach stresses that” and “in joining casinos and the IGRA is used. In Gorham v. Zachry Industrial Inc., Florida’s Supreme Court also held that the use of “and” means that both terms and conditions must apply in the context of the constitutional language. This could give state legislators a legal boost when they ignore any attempt at Seminole to curve the gaming market.
The Seminole tribe has been assumed to be involved in all gaming activities, including gambling. This could be very useful if the state had a solid legal foundation, so that the sports gambling industry could develop without a compulsory stake by the tribe, especially given that the Sunshine State estimates that tax revenues each year could amount to 110 million dollars.