In gambling fight, Florida outplayed

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The Seminole Tribe has upped the ante in the fight over expanded gambling in defiance of the Florida Supreme Court. By rolling out blackjack and other table games at Tampa's Seminole Hard Rock Casino earlier this month, the Seminoles are betting no one will stop them even though the court invalidated the compact they signed with Gov. Charlie Crist in 2007.

They probably are right, despite Attorney General Bill McCollum's efforts to get the National Indian Gaming Commission to intervene. Finally, some legislative leaders are talking to the Seminoles, and the Legislature should approve a compact before the state loses any more ground or potential revenue.

This is what happens when governors exceed their authority. Crist cut the deal allowing expanded gambling by the tribe without involving the Legislature. Lawmakers sued, and in July the state Supreme Court struck down the compact because the Legislature did not approve it. By then, the Seminoles already had added table games in South Florida. Now they are pushing further by expanding in Tampa.

Antigambling sentiment remains strong in the Legislature. We also continue to oppose the expansion of gambling, but it is too late to tear up the compact and demand that the Seminoles take out their new games and machines. The National Indian Gaming Commission, despite McCollum's pleas, seems to be signaling it wants to see how the Legislature responds before it acts. Should lawmakers not approve a compact, Florida could find that the federal government will intervene and decide what the Seminoles can offer without giving the state any compensation or authority to regulate.

The key issue is the card games, not the Vegas-style slot machines now at the Seminoles' various casinos. Federal authorities allow Indian tribes to offer any form of gambling that is present elsewhere in a state — though they heavily encourage tribes to enter compacts with states to negotiate terms and regulation. In 2006, Florida voters approved the "Class III" slot machines for Broward and Miami-Dade horse and dog tracks if local voters concurred. They eventually did, setting compact negotiations into motion.

But federal law doesn't allow states to extract payments for gambling that is legal elsewhere in the state. It has to offer exclusive deals to tribes in exchange for any payments. So that's what Crist did. In exchange for at least $100-million annually and as much as $500-million in the future, the Seminoles were given exclusive rights to offer table games in their seven casinos. But Crist, despite promising to seek legislative approval, never did. Then-House Speaker Marco Rubio, a staunch gambling opponent, sued the governor for overstepping his authority. The Supreme Court agreed: "The governor has no authority to change or amend state law. Such power falls exclusively to the Legislature."

The Seminoles, meanwhile, have been acting as if the compact is still in force. Besides expanding card games in Tampa, they've deposited tens of millions of dollars with the state. That money sits in escrow awaiting legislators' action. Also in limbo is how the state might regulate the Seminoles' slot machines and card games — a matter the defunct compact anticipated the Legislature would settle.

Legislative leaders have won the authority to approve a compact, but they have little leverage left. Gambling has expanded. The only question now is whether lawmakers can cut a deal for Florida that ensures a reasonable regulation and a steady flow of income to a state that needs every dollar it can find.

Comments on this article

by Scott	Dec 3, 2008 3:54 PM
Years ago, people got arrested for running "Bolita" in Ybor City, a game that had much better odds of winning than the state Lottery. Legalize Gambling NOW, or else do not complain when Taxes go up and schools have no funds.

by Dave	Dec 2, 2008 7:54 PM
It seems that no one addresses the situation that Gov. Christ may have been up against and the time frame?

by Scott	Dec 2, 2008 7:44 PM
Crist would not be doing this if Florida did not demand low taxes. If you want to be a growing place with no income tax, then let the Casino in!, and we do as Nevada, another growing state with low taxes.

by Ray	Dec 2, 2008 6:23 PM
When it comes to money and State governments and Indian rights, the State always chooses the money. You can bet on it.

by Chuck	Dec 2, 2008 6:07 PM
The real crime is the $4 they charge for a beer while you are sitting at the Black Jack table. Either allow gambling or dont. If you dont, get rid of horse and dog racing, the state lottery, poker rooms and shipboard casinos. Gambling is Gambling.

by Mom	Dec 1, 2008 1:36 PM
I think some of you would sell your soul if it meant lowering taxes. How anyone can justify what Crist did is beyond me. If our own governer can't follow the law, how can we expect anyone else too?

by Billy	Dec 1, 2008 1:33 PM
The compact should be revoked and the people should be looking at it's own law concerning legalized casinos. Let compete and not continue to pass up a good tax revenue source. The argument that them mob will control it is absurd. Let's vote on it!

by Jim	Dec 1, 2008 12:42 PM
The statements in this story concerning unlawfull class III gambling by the Seminoles is incorrect. Title 25 USC 2710 d (3) prohibits Indian gambling activity not authorized by a tribal state compact unless it is legally authorized by STATE LAW!

by Tarpley	Nov 30, 2008 6:46 PM
You can thank the High School Dork McCollum for us losing millions,

by Jerry	Nov 30, 2008 6:43 PM
Maybe most people relize it but I feel it is worth stating. I do believe that Gov Crist had the State of Florida's best interest at heart when he signed the deal with the Seminoles. In these hard times the state can use the money from these casinos.

by Nan	Nov 30, 2008 9:57 AM
I applaud Gov. Crist for trying to help Florida gain income from gambling. The legislature needs to follow suit and release the funds. Certain people are going to gamble, whether it's horse or dog racing, slots, poker or the lottery. Cut the deal!

by Ian	Nov 29, 2008 11:53 PM
The question is. Why isn't AG McCollum not fighting harder? This can be won. Just today in Nebraska a U.S. Dist. Judge ruled that the National Indian Gaming Commission acted outside its authority when it granted the tribe the ability to have a casino

by Dorothy	Nov 29, 2008 11:39 PM
McCollum and his group need to get on with doing anything in their power to keep schools open and medical care for our needy children. Anyone that wants to gamble (their money) is their business, not Tallahassee's business. Release the funds!

by Larry	Nov 29, 2008 8:32 PM
FL should not be afraid of what the Feds can do. Back in 07 the state of TX won their suit against the Feds & The Kickapoo Tribe. The 5th C.C. of Appeals ruled that the federal agency's permitting process violates the Indian Gaming Regulatory Act.

by rickey	Nov 29, 2008 8:31 PM
Everyone wants to over look the law here. I know the $$ seems like a great deal. If you compare it to other compacts across the country you'll see FL. can do better. 100 mil+ when we have a 60 Bil+ budget a year is not enough just to give up. Fight!