The Florida Supreme Court has rejected a petition by parties involved in the gaming industry that challenges the state`s multibillion-dollar compact with the Seminole Tribe, citing procedural grounds to deny the motion.
The high court turned down the petition by West Flagler Associates Ltd., Bonita-Fort Myers Corp. and one individual plaintiff on March 21, saying that the petitioners’ writ of quo warranto challenge (a method to question a defendant’s ability to exercise a right) was improper.
The petitioners argued that a sports-betting provision in the state’s compact violated an article of the Florida Constitution requiring the expansion of casino gambling in the state to be done through the initiative process.
“... The petition presents nothing other than a challenge to the substantive constitutionality of the law ratifying the compact,” the opinion authored by Justice Meredith Sasso states. “But quo warranto is not, and has never been, the proper vehicle to obtain a declaration as to the substantive constitutionality of an enacted law. For that reason, we deny the petition. …”
The parts of the Seminole Tribe compact that have been challenged include a provision authorizing mobile sports betting using the tribe’s app from anywhere in Florida.
“Regardless of where the bets are placed, the wagers are ‘deemed’ to occur on tribal lands,” last week’s opinion states.
The petitioners requested a finding from the court that the state law implementing the compact flies in the face of the Florida Constitution and that lawmakers and the governor exceeded their authority in making the deal. Further, the gambling companies sought to stop the tribe from operating its sports app.
The court, however, did not rule on the merits of the case, only the procedural underpinnings.
“Ultimately, the relief that petitioners seek is beyond what quo warranto provides,” the opinion says. “We have never used the writ to test the substantive constitutionality of a statute, and we decline petitioners’ implicit invitation to expand the scope of the writ here.”
A spokesman for the tribe, Gary Bitner, said the court’s decision was a win for Floridians.
“This is a major victory for the people of the state of Florida, who can count on billions of dollars over the coming years to fund important state needs,” Bitner said in an emailed statement to the Florida Record. “Floridians and visitors can enjoy statewide sports betting and expanded casino games, now and into the future. And it means the Seminole Tribe of Florida can have confidence in the future.”
A Florida gaming attorney, Daniel Wallach, said on X, formerly Twitter, that the court’s decision may not end state litigation over the gaming compact.
“Because this decision does not address the merits of whether the state's online sports betting law violates Florida Amendment 3, West Flagler could still raise the constitutional challenge in Leon County Circuit Court,” Wallach said.
At the federal level, the U.S. Supreme Court could grant or deny the plaintiffs’ petition challenging the gambling pact later this year, according to Wallach.
“If SCOTUS denies the petition, that would be the end of the road for West Flagler with the court,” he said. “However, if it decides to accept the petition, a final ruling on Florida online sports betting would likely not come until sometime in late 2025.”