Sports betting is legal in Florida, but your March Madness office pool still isn’t

ST. PETERSBURG, Fla. — The Seminole Tribe of Florida launched mobile sports betting in November, reaping hundreds of millions of dollars already for the state.

But the legality of the 2021 compact that gives the tribe exclusive rights to run sports wagers and casino gambling on its reservations is still expected to wind up before the U.S. Supreme Court.

Until then, college basketball fans across the state are expected to bet big on March Madness.

Last year we verified those ubiquitous office bracket pools are technically illegal.  

But what about now, given that sports betting is legal and live again in Florida?

THE QUESTION

Are March Madness bracket pools legal?

THE SOURCES

• Daniel Wallach, Florida gaming law and sports betting attorney
• Florida statute
• 2021 Gaming Compact between the Seminole Tribe and State of Florida
• American Gaming Association
• NCAA

THE ANSWER

No, March Madness bracket pools are technically illegal in Florida.

Sports betting is only legal if conducted through the Seminole Tribe.

WHAT WE FOUND

Florida statute prohibits betting on the result of trial or contest of skill.

Daniel Wallach, a leading gaming law and sports betting attorney in Florida, says that applies to any gambling not conducted through the Seminole Tribe, including those ubiquitous March Madness office pools.

And Florida lawmakers have upped the ante for violating gambling prohibitions from a misdemeanor to a third-degree felony.

“That's the irony of the expansion of sports wagering in Florida,” Wallach said. "While sports betting is more readily available through the Seminole Tribe, it also steepens the penalty for illegal sports wagering at the same time.”

That’s because the state’s compact with the Seminole Tribe gives it exclusive rights over all sports betting both on tribal land and over the internet, according to Wallach. Two pari-mutuel companies have asked the U.S. Supreme Court to review an appellate court’s decision upholding this three-decade deal.

“So office pools are not insulated,” he explained, “until the Florida Legislature comes to its senses and decides that you know what we should have a carve out in our gambling prohibitions to allow for these kinds of smaller stakes, contests and tournaments among friends and family members.”

It’s in contrast to moves made by other states in recent years to carve out exceptions for social gaming in some form, according to the American Gaming Association.

But Wallach says there is some good news if you still plan to go in on an office pool with a prize or bet a few bucks with friends. No one has ever actually been prosecuted for a NCAA bracket pool under Florida law.

To ensure you’re not the first, Wallach recommends keeping your pools limited to coworkers, friends, or family, keeping any wagers off the internet, and not taking a cut of the winnings if you’re the one organizing it.

The Associated Press contributed to this report.