Florida Bill Targets Online Gambling, Spares DFS, Expands Seminole Control

A new amendment has transformed Florida’s House Bill 189, pre-filed for the 2026 legislative session, from a “gray machine” proposal into a comprehensive online gambling enforcement bill.

On November 17, the Florida House of Representatives’ Industries and Professional Activities Subcommittee approved an amended version that adds felony penalties targeting “Internet gambling,” “Internet sports wagering,” and illegal gambling advertising. At the same time, it explicitly exempts activities operated under the Seminole Tribe’s compact and carves out daily fantasy sports (DFS).

If enacted, the bill will take effect July 1, 2026. It marks the most explicit statutory declaration to date that non-Seminole online casino gaming and online sports betting are illegal in Florida.

The structure reinforces the Seminole Tribe’s exclusive statewide digital sports betting rights under its 2021 gaming compact.

Major Rewrite of HB 189

When first filed, HB 189 focused on illegal slot machines and a petition process for veterans’ halls operating amusement machines. The amendment expands the bill by more than 10 pages and introduces new statutory language defining prohibited online gambling.

The amendment defines “Internet gambling” as: “any game in which money or other thing of value is awarded based on chance… that is available on the Internet and accessible on a mobile device… and simulates casino-style gaming, including, but not limited to, slot machines, video poker, and table games.”

It similarly defines “Internet sports wagering” as: “to stake, bet, or wager any money or other thing of value upon the result of any trial or contest… that is available on the Internet and accessible on a mobile device.”

“The term does not include fantasy sports contests…”

These definitions are the foundation for the new criminal penalties.

New Penalties for Players & Operators

The bill creates penalties for criminal exposure: one for players, another for operators.

For consumers: “Whoever plays or engages in Internet gambling… commits a misdemeanor of the second degree.”
For Internet sports wagering, a first offense is a “misdemeanor of the second degree.” Subsequent offenses are a “misdemeanor of the first degree.”

For operators — including offshore sportsbooks, crypto casinos, sweepstakes-style platforms, and any non-Seminole digital betting service: “A person who operates, conducts, or promotes illegal gambling, Internet gambling, or Internet sports wagering… commits a felony of the third degree.”

That single clause is the statutory backbone for felony prosecution of non-Seminole online betting operators.

Seminole Exclusivity

The amendment draws a firm legal line around Seminole operations: “This section does not apply to… gaming activities authorized under s. 285.710(13) and conducted pursuant to a gaming compact.”

The language ensures the Seminoles’ Hard Rock Bet app is exempt from the new prohibitions. Meanwhile, all other online gambling platforms are subject to felony charges.

Tied to Florida’s Broader Crackdown on Illegal Gambling

HB 189’s amendment comes as Florida authorities have intensified enforcement against illegal storefront arcades, “skill game” parlors, gas stations with slot-style devices, and sweepstakes rooms across the state. For example, in Lee County in Southwest Florida, authorities have conducted over a dozen raids in the past few months.

These operations often reopen quickly because current penalties are low and licensing rules are inconsistent. The Florida Gaming Control Commission has repeatedly urged lawmakers to strengthen enforcement tools — calls this bill now answers.

HB 189’s original text directly targeted amusement-device parlors. It requires the Commission to review new locations and impose felony charges on operators running illegal machine rooms.

DFS Clarified — Unlike California

A notable element of the amendment is also what it does not criminalize. HB 189 explicitly excludes DFS contests from the definition of “Internet sports wagering.”

That provision places Florida in contrast with California. In July, California’s Attorney General Rob Bonta issued a legal opinion that all DFS is illegal. While his opinion has not been translated into state law, he has warned that enforcement actions are forthcoming.

Sweepstakes Casinos Squarely in the Bill’s Crosshairs

The amendment also potentially reaches sweepstakes casinos, even though it does not name them directly.

The new definition of “Internet gambling” encompasses any online casino-style game in which a “thing of value” is awarded by chance.

While sweepstakes casinos have argued against the notion that they are gambling platforms, a recent Google update reclassified sweepstakes casinos as gambling products for advertising purposes.

It now lists as gambling examples “online gambling games played with virtual currencies or items that have real-world value.” That refers to the dual-currency system used by sweepstakes casinos. Google now requires the platforms to comply with the same ad restrictions as traditional online casinos.

That shift mirrors the statutory approach of HB 189. Under the bill, sweepstakes gameplay would constitute illegal Internet gambling, and operators would face third-degree felony liability. Also, any Florida-directed sweepstakes advertising could trigger the bill’s new misdemeanor-to-felony penalties for promoting illegal gambling.

Bill Now Reaches Far Beyond Gray Machines

If enacted, HB 189 would give Florida authorities significantly stronger tools to combat illegal gambling statewide.

What began as a technical cleanup bill now criminalizes land-based and online casino gaming, non-Seminole sports betting, and gambling advertising — while sparing DFS. In doing so, the measure reinforces the Seminole Tribe’s exclusive control over Florida’s digital wagering market.