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Fantasy Sports Could Pose Real Problem in Florida

October 9th, 2015 by flanews

If you’ve watched even a little bit of a sporting event this year, you’ve probably seen a commercial for companies DraftKings and FanDuel. As Matt Galka tells us, the fantasy sports businesses could create plenty of real problems in the state.

The advertisements are almost unavoidable.

Daily fantasy sports companies Draft Kings and FanDuel hock the chance to win big bucks from a small deposit and depend on the outcomes of sporting events.

A contestant picks a fantasy sports team and wins based on player performance. But Florida State gambling law professor Marc Dunbar says the “games of skill” exemption – which separates the companies from traditional games of chance gambling – doesn’t apply in Florida.

“There’s pretty much no question, they’re illegal the way they operate under Florida law,” he said.

 

A 1991 opinion from former Attorney General Bob Butterworth specifically prohibits fantasy sports wagers. The opinion was released well before Daily Fantasy Sports were established.

The Florida Senate’s Regulated Industries Chairman Rob Bradley (R-Fleming Island) says the companies haven’t gone unnoticed

“The way that they are marketing those products, it certainly looks like what they’re advertising is something akin to traditional sports betting,” said Sen. Bradley.

Bradley says he only has preliminary thoughts and hasn’t focused much on what, if anything can be done. But both Draft Kings and Fan Duel are digging in for a potential battle. Both companies have hired the same team of heavy hitting Tallahassee lobbyists in preparation for 2016’s legislative session.

We reached out to both DraftKings and FanDuel but we have not received comment back yet.  The Attorney General’s office told us in a statement that they are “not currently investigating the companies.”

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