DraftKings operates in Florida, but only part of its lineup is available. Residents 18 and older can enter salary-cap daily fantasy sports contests, play Pick6, and wager on horse racing through the DK Horse app. The DraftKings Sportsbook is blocked statewide because the Seminole Tribe of Florida holds exclusive rights to mobile sports betting under a 2021 compact that the U.S. Supreme Court left standing in June 2024.
Daily Fantasy Sports Works Statewide
Salary-cap daily fantasy contests are the DraftKings product with the longest track record in Florida and the least regulatory friction. You draft a lineup of real athletes under a virtual budget, compete against other users, and earn points based on how those athletes actually perform. Public tournaments, head-to-head matchups, and private leagues are all open from anywhere in the state on phone, tablet, or computer.
Florida has never passed a law that explicitly authorizes or prohibits this format, so it operates in a legal gray area that has held for over a decade. The state’s general gambling statute makes it a misdemeanor to play “any game at cards, keno, roulette, faro or other game of chance” for money.1Florida Legislature. Florida Code 849.08 – Gambling DFS operators argue that building a winning lineup takes real knowledge of matchups, injuries, and statistical trends, which puts these contests on the skill side of that line. A separate Florida statute prohibits wagering on contests of skill, but enforcement against salary-cap DFS platforms has not materialized.2My Florida Legal. Gambling / Fantasy Sports League
Pick6 Is Available, With a Caveat
Pick6 has had a rougher path. In early 2024, the Florida Gaming Control Commission sent cease-and-desist orders to several daily fantasy operators, taking the position that “pick’em” style games crossed the line from fantasy sports into something closer to sports betting. The structural difference matters here. In pick’em games, you predict whether individual athletes will finish above or below a projection, and the operator sets the lines and pays the winnings. Peer-to-peer contests, where entry fees fund a prize pool split among winners, have a stronger legal footing than a product where the operator is on the other side of the wager.
Despite that enforcement action, DraftKings lists Florida as an available state for Pick6 as of January 2026.3DraftKings. Where Is Pick6 Available? The legal ambiguity hasn’t been resolved through legislation, so check current availability in the app before depositing. The product’s status could shift again if regulators move on it.
The DraftKings Sportsbook Is Blocked
You cannot place sports bets through the DraftKings Sportsbook in Florida. The 2021 Gaming Compact between the state and the Seminole Tribe grants the Tribe “the exclusive right to operate Sports Betting” and to offer it “through the use of a mobile application or other electronic means to patrons who are physically located within the State of Florida.”4Florida Governor Ron DeSantis. Gaming Compact Between the Seminole Tribe of Florida and the State of Florida The Legislature ratified the compact through Chapter 2021-268, which created Section 285.710 of the Florida Statutes.5The Florida Legislature. Chapter 2021-268
Challenges from pari-mutuel operators worked their way through federal court. The D.C. Circuit sided with the Tribe and the state, and on June 17, 2024, the U.S. Supreme Court denied the petition to hear the case, leaving the compact intact.6Supreme Court of the United States. Docket 23-862 The only legal mobile sportsbook in Florida is Hard Rock Bet, operated by the Seminole Tribe. If you open the DraftKings Sportsbook app while physically in Florida, geolocation will detect your position and block all betting functions.
Why the Sportsbook Block Won’t Lift Soon
Two barriers make it unlikely that DraftKings or any other commercial sportsbook enters Florida in the near future. The Seminole compact is now legally settled after the Supreme Court declined to intervene, locking in the Tribe’s exclusivity for the duration of the agreement. On top of that, Florida’s Amendment 3, passed by voters in 2018, gives citizens “the exclusive right to decide whether to authorize casino gambling” through ballot initiatives.7Ballotpedia. Florida Amendment 3, Voter Approval of Casino Gambling Initiative The Legislature cannot unilaterally expand casino-style gambling, though the amendment preserves the state’s ability to negotiate tribal gaming compacts under the federal Indian Gaming Regulatory Act.
Even if political appetite for commercial sportsbooks grew, authorizing them outside the tribal framework would take a statewide voter referendum. That’s a high bar.
Horse Racing Through DK Horse
Horse racing wagering runs on a separate legal track. Florida’s pari-mutuel wagering statutes, in Chapter 550, authorize betting on live and simulcast horse races through licensed platforms.8Florida Senate. Florida Code 550 – Pari-mutuel Wagering DraftKings offers the DK Horse app, and Florida is on its list of available states.9Apple. DK Horse Racing and Betting Because pari-mutuel wagering has its own longstanding framework, horse racing bets are not affected by the Seminole sports betting exclusivity or by the ambiguity around DFS products.
Signing Up and Location Checks
Creating a DraftKings account requires your full legal name, a physical address, and a valid Social Security number. The SSN prevents duplicate accounts and satisfies federal tax reporting. You have to be at least 18 to enter daily fantasy contests in Florida.
Every time you enter a paid contest, DraftKings verifies you’re physically inside a state where that product is legal. On mobile, the app uses your phone’s GPS through Location Services. On desktop or laptop, you’ll install a GeoComply plugin that runs a quick check through your browser. If the system can’t confirm your location, the platform locks paid contests until it can.
Do not try to bypass geolocation with a VPN or a spoofing tool. DraftKings cross-references GPS with other device signals, not just your IP. Getting caught can result in a permanent ban, with funds frozen during review. The platform also prohibits multiple accounts per person, and a second account linked to the same identity triggers enforcement under the terms of use.10DraftKings. Can I Create Multiple DraftKings Accounts?
Taxes on Winnings
Florida has no state income tax, so the state takes nothing from your DraftKings winnings. Federal taxes still apply. The IRS treats gambling and fantasy sports winnings as taxable income, and you’re required to report them on your federal return whether or not you receive a tax form.
DraftKings issues a 1099-MISC to any user with more than $2,000 in net earnings during a calendar year, calculated as cash winnings minus cash entry fees plus any cash bonuses.11DraftKings. What Are the Reporting Thresholds for DraftKings Daily Fantasy Sports and Pick6 Winnings? Once you hit $500 in gross winnings during the year, you have to verify your Social Security number before you can keep playing or withdraw. For payouts of $5,000 or more, federal law requires 24% withholding at the time of payment.12Internal Revenue Service. Instructions for Forms W-2G and 5754 (01/2026) Below those thresholds the income is still taxable. You can deduct gambling losses against winnings, but only if you itemize instead of taking the standard deduction, and only up to the amount you won.