Relaunch of Florida Sports Betting Delayed by Court Order

• Legal Florida sports betting could be pushed back until September 7 or later.
• The DC Circuit ordered the Seminole Tribe to respond to the rehearing en banc petition filed by West Flagler Associates.
• A gaming law expert expects the rehearing request to be denied.

TALLAHASSEE, Fla. – The relaunch of Florida sports betting may take longer than most expected. The DC Circuit US Court of Appeals is contemplating a rehearing of the legal sports betting case opposing a gaming compact between the Seminole Tribe and the State of Florida.

Most expected the DC Circuit to immediately reject the rehearing request filed by West Flagler Associates on Tuesday. Instead, the Court ordered the Seminole Tribe to file a response for the rehearing en banc by August 31.

Impact on Relaunch of Florida Sports Betting

The court ordered response opens the door to rehearing the case that overturned a ban against legal Florida sports betting on June 30. Unanimous approval by a three-judge panel makes a potential rehearing unlikely, but not impossible.

According to the En Banc Determination rules, “No response may be filed to a petition for an en banc consideration unless the court orders a response. The length limits in Rule 35(b)(2) apply to a response.”

The court ordering the Seminoles to file a response not exceeding 3,900 words is the first step in rehearing the case, regardless of how rare a rehearing for a unanimous ruling may be.

However, gaming law and sports betting attorney David Wallach claimed in a tweet that “But I still expect the rehearing to be denied.” Despite the intriguing decision to issue a court order, Wallach believes the rehearing will fall short in the DC Circuit but West Flagler may pursue a case in the Supreme Court.

Will Sports Betting Be Legal In Time For NFL Kickoff?

The timetable for Florida sports betting is difficult to gauge. Even if the Seminoles file a quick response, no one knows how long the DC Circuit will take to review and make a decision.

If the DC Court denies the rehearing request, it will be seven days before they finalize their decision. If the Seminoles wait until the August 31 to file their response, legal NFL betting is unlikely for the first game on September 7.

Still, the odds are in favor of legal Florida sports betting making a return this NFL season.

News tags: Daniel Wallach | Florida | NFL | Seminole Tribe | West Flagler Associates