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Daily Fantasy Sports Bill Filed in Florida (Archive)

Originally published on December 14, 2023

Mobile sports betting in Florida has recently been launched under the Seminole Tribe’s Hard Rock app and now a bill has been filed to allow daily fantasy sports, including the controversial pick’em option.

DFS Coming to Florida?

Pre-filed legislation in the form of HB 679, introduced earlier this month by Representative Jason Shoaf, will allow daily fantasy sports (DFS) operators like FanDuel and DraftKings to launch their apps in the Sunshine State.

Although no proposed tax rate has been established on revenues derived from the DFS operators, the bill does include regulatory procedures and guidelines the companies would need to follow, as well as the option to include the controversial pick’em contests that resemble a sports betting prop.

Representative Shoaf’s bill would not allow any DFS contests involving college sports, and the pick’em contests would have to include the “statistical results of the performance” of more than one player. Whereas a traditional sports betting prop would focus on a single player, this DFS pick’em option would mandate more than one player’s stats are included in the “tournament”.

Other language in the bill calls for “All winning outcomes [must] reflect the relative knowledge and skill of the fantasy sports contest participant,” and contest prizes and awards must be “disclosed” before a contest begins.

DFS advertising would prohibit the use of language or graphics that would include a “depiction” of casino tables games or slot machines. The legislative session convenes on January 9, 2024, and the bill would regulate all DFS operators beginning on July 1, 2024.

Cease and Desist

The inclusion of the pick’em style contests in the bill is interesting, as it flies in the face of the cease-and-desist letters that Florida recently sent to the following fantasy sports operators: PrizePicks, Underdog Fantasy, and Betr.

“Accordingly, as Executive Director of the Florida Gaming Control Commission, I am hereby demanding you immediately cease and desist offering or accepting bets or wagers from residents of this state on the results of any contests of skill such as sports betting, including, but not limited to, bets or wagers made in connection with fantasy sports,” the letters state.

However, those letters were met with pushback by John Lockwood, an attorney representing Underdog and multiple DFS companies in Florida, who wrote in an email, “We disagree on the merits, and will be working with the commission and potentially the legislature so we can ensure Florida sports fans can continue to play.”

But a PrizePicks spokesman was even more pointed in his response to Florida’s letter and stated, “PrizePicks is participating in the regulatory review of paid fantasy sports operators in Florida by the Florida Gaming Control Commission. We are eager to meet with the Executive Director, and the Commission, to discuss our business and our skill-based gaming platform. At this time, there is no change to our business operations within the state. We are committed to ensuring that our valued members continue to enjoy their right to play the fantasy sports games they love.”

All of this will be rendered moot should Representative Shoaf’s bill become law. Bookmakers Review will continue to monitor this story and update our readers as events unfold.