In a move that could reshape the landscape of Daily Fantasy Sports (DFS) in Florida, Representative Jason Shoaf has introduced House Bill 679, aiming to establish a regulatory framework for DFS while explicitly banning prop-style games. The proposed legislation outlines penalties for violations, presenting a significant development in the ongoing legal debate surrounding fantasy sports in the state.
Fantasy Sports Giants FanDuel and DraftKings advocate for legal clarity
The bill’s definition of fantasy sports contests emphasizes the need for games to “reflect the relative knowledge and skill” of participants. Notably, it prohibits offering DFS on poker games, other card games, and events involving collegiate, high school, or youth sports. The law also specifies that bets cannot be based on the score, points spread, or the performance of a team or individual, effectively banning prop-style DFS – akin to proposition bets found on licensed sports betting platforms.
The introduction of House Bill 679 follows lobbying efforts by DFS giants FanDuel and DraftKings, who have been engaged in discussions with state regulators and legislators to assert the legality of their offerings. The bill’s focus on prohibiting prop-style DFS aligns with the stance of these major operators, contrasting with smaller competitors like PrizePicks and Underdog, whose newer games have been labelled as potentially constituting illegal gambling.
Florida legislation
The significance of this legislation is heightened by Florida’s constitutional clause preventing the expansion of “casino gambling” without approval through a voter referendum. Although the application of this clause to sports betting is currently under debate in the West Flagler case, the inclusion of DFS in such discussions is not unforeseeable.
The Florida Gaming Control Commission already prohibits prop-style games under existing fantasy sports regulations, mirroring similar bans in states like New York and Michigan. Violations of these regulations could result in a $1,000 fine and a misdemeanor charge under Florida law.
The contentious nature of DFS legality in Florida is further complicated by recent white papers presented by FanDuel, asserting the legality of their offerings, while legal experts, including Florida gaming attorney Daniel McGinn, argue that the issue is more nuanced and remains unresolved within the state’s legal framework.
As the debate unfolds, the outcome of House Bill 679 will not only impact the future of DFS in Florida but may also set a precedent for the industry’s regulation and the ongoing legal discourse surrounding fantasy sports.
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