Gambling Talks Face Legislative Hurdle

By JEROME R. STOCKFISCH The Tampa Tribune

Published: Sep 11, 2007

TALLAHASSEE - Powerful House Republicans are challenging Gov. Charlie Crist's efforts to secure a gambling pact with the Seminole Tribe, insisting Monday the Legislature must agree to any deal.

And because of their opposition to gambling, the state legislative leaders said,they "cannot support" any deal letting the tribe offer more than what is legal elsewhere in the state.

A letter to Crist from House Speaker Marco Rubio, R-West Miami, and his five top lieutenants represents the first line drawn in the sand over the expansion of gambling since the governor entered negotiations with the tribe upon taking office this year.

Last week, Crist's office released drafts of proposals for a gaming agreement, known as a "compact." They would allow the Seminoles to offer "banked" card games such as blackjack and baccarat, in which participants play against the house rather than each other. Such games are illegal elsewhere in the state.

In return, the state could receive an undetermined cut of the tribe's gaming revenue and would have some say on such issues as the number of machines and operating hours for these games.

"Because of our opposition to the expansion of gambling, we believe that the pursuit of increased revenue for the state should be of secondary importance in Florida's negotiations with the Tribe," Rubio wrote. "For us, money is not, and never will be, the primary consideration. Rather, we believe the aim of the negotiations should be to agree to the bare minimum amount of gambling to which the Tribe is entitled under the law."

Rubio's letter said that rather than maximizing revenue, "we want to minimize the inevitable social harm associated with expanded tribal gambling."

Pact Seen As Revenue 'Opportunity'

"We're not" approaching Indian gaming as a state revenue source, Crist said. "I look at it as an opportunity, but not a necessity," he said.

The proposal allowing card games could provide the state $1 billion over five years.

Any gaming compact would have an effect on the operation of the Seminole Hard Rock Hotel & Casino near Tampa, one of seven Seminole gaming sites.

Representatives from Crist's office, the tribe and the federal Department of the Interior are scheduled to discuss the status of negotiations in a conference call today.

Under federal Indian gaming law, tribes are allowed to offer the same type of games that are allowed elsewhere in a state. In a series of votes in 2004 and 2005, Floridians allowed parimutuels in Broward County to offer Class III slots, the flashy Las Vegas-style machines. Seminole casinos offer Class II slots, which are bingo games dressed up to appear as slot machines.

Meanwhile, federal law prevents states from taxing sovereign Indian tribes. But it does allow states to enter into revenue-sharing agreements should the state offer the tribe something of economic value. Giving the Seminoles the exclusive right to provide such games as blackjack would likely provide that edge and allow the state to share in the take.

In the complicated arena of Indian gaming law, there are several questions surrounding the Florida situation that are unanswered.

A spokeswoman in Crist's office said the governor's legal staff has advised him that he has sole authority to negotiate the compact. Rubio's position that the Legislature must ratify any deal - a stance shared by Senate president Ken Pruitt, R-Port St. Lucie - sets up a showdown that could be settled in court.

Crist Wants Legislative OK

Crist said Monday it is his "preference" that the deal get legislative approval, but he is undecided about whether to seek a vote. "I don't think a lawsuit will be necessary," Crist said. "I want their partnership in doing it."

A spokesman in Attorney General Bill McCollum's office said McCollum has not been asked for an opinion on the matter.

Meanwhile, state officials had been negotiating with the understanding that if an agreement with the Seminole Tribe can't be reached, the federal government will impose its own gaming rules. The Department of the Interior cites federal regulations in taking that stance.

However, a Texas case recently yielded an appellate decision that the federal government doesn't have the authority to force rules on a state. George Skibine, an acting secretary in Washington, D.C., said the Interior Department is "in the process of deciding what to do with this ruling" - including a possible appeal.

Further complicating the issue, that court decision might not be valid in Florida, which is in a different appellate court district.

The federal rules would provide a more advantageous scenario for the tribe in regards to Class III slots, but it would not allow card games or other table games.

Crist would not discuss whether he would be willing to back off from the Class III card games in the wake of Rubio's letter. "We'll take his words into account," the governor said. "He's my friend, and he's the speaker, and it matters to me."

Rubio spokeswoman Jill Chamberlin said no decision has been made "on any particular course of action."

Lance deHaven-Smith, a political science professor at Florida State University, said lawsuits involving separate branches of government are "not common, but it does happen with some regularity."

Reporter Jerome R. Stockfisch can be reached at (850) 222-8382 or jstockfisch@tampatrib.com.