I'm a practicing Florida attorney, and actually have specialized in Florida gaming/gambling law for the past 15 years or so. My "specialization" is focused on those issues generally involving grey areas demarcating what things are allowed as exceptions to Florida's general prohibition of lotteries-lotteries being defined only as giving consideration for the chance to win something. I have represented, and still do, many of the charitable bingo interests, and what we have called "senior arcades". Floridas gambling crimes chapter provides at least 14 exceptions to the general prohibitions. (for example..pari mutuals,charitable bingo, penny ante poker, charitable raffles, game promotions in connection with the sale of consumer products or services, etc). There has never been a shortage of envelope pushing as far as these exceptions are concerned, and there have been some notoriously publicized law enforcement actions directed at them( Allied Veterans of the World sweepstakes scandal in 2013 being the latest and biggest).
Against that background, i truly believe that DFS could survive in this state with running afoul of Chapter 849, but would have to be restructured.
A 1991 Attorney General opinion does not make, nor is it any kind of persuasive authority , what the law is or how it should be interpreted. After all, all of the major fantasy sites, prior to DFS, have operated in Florida without any scrutiny whatever. You could play on Yahoo, ESPN, CBS, etc, without any fear of government intervention for all these years. In reality, whats the difference between DFS and season long...fantasy sports is fantasy sports. Its no different than if placing a bet on a singular game or on a futures proposition(Dolphins o/u on the season 21/2 wins, for example).
So why all of a sudden would any law enforcement agency decide overnight that DFS is illegal? The answer is, they probably wouldnt, because throughout the state law enforcement regarding gray area gambling has been totally inconsisitent from county to county, some counties could care less about these harmless activities, others dont want them no matter what. But, unless and until, the legislature addresses the issue head on, there will continue to be a debate about whether DFS, or any fantasy game, is illegal under Florida law. No individual law enforcement agency in this state is going to go after DFS, unless its the Florida Dept of Law Enforcement, but an extensive investigation would have to first occur, which in this case i imagine would cost big money and take a lot of time. The legislature does not convene in general session again until March 2016, so any pronouncement that Florida has banned DFS before the legislature acts is misleading at best, totally false at worst. Until then, its all a matter of debate.
As i understand, Draftkings and FanDuel have retained top lobbyists in Tallahassee in preparation for a potential battle in the legislature. Make no mistake though, in Tallahassee, money and power and votes are what carry the day. Our friends at DK and FD seem to have no shortage of cash needed for these purposes.
So, to sum up, i think DFS pulling out of Florida is premature, and i cant imagine that the major sites will go down without a fight. Just my opinion, of course, but i've seen, up close and personally, how the Florida legislature works....i wouldnt necessarily bet against DFS in Florida.