Seminole games in question but no end in sight

Blackjack and other card games drawing record crowds at the Seminole Hard Rock Casino near Hollywood may be illegal under a state high court ruling, but conflicting state and federal laws on tribal gaming mean the wildly popular games that drew 40,000 people in the first week will stay for the foreseeable future.

It's been two weeks since the Florida Supreme Court ruled that Gov. Charlie Crist did not have the authority to grant the high-stakes card games when he signed a gambling agreement with the tribe last year.

But no one has stepped forward to enforce the ruling.

More here.

Seminoles want court to give them a new hearing

Arguing the state has already authorized so-called "banked card'' games through its Lottery Flamingo Fortune shows, the Seminole Tribe is asking the Florida Supreme Court to reconsider its ruling invalidating the compact between Gov. Charlie Crist and the tribe. Read full story here.

Download seminole_motion_for_rehearing.pdf

Download photos_of_flamingo_fortune.pdf

Download seminole_case_against_lottery.pdf

Not even a cliche from Charlie

Gov. Charlie Crist's media-savvy ever-at-the-ready response team is uncharacteristically silent on today's Supreme Court ruling smacking down his gambling deal with the Seminole tribe. Its statement so far:

"Thank you for your call regarding today's Supreme Court of Florida ruling on the state's compact with the Seminole Tribe.  The Governor's Office is currently reviewing the order issued this morning."

Stop the "Fat Cats" on slots tax break

There is apparently a behind-the-scenes fight to push through a cut on the tax charged to the pari-mutuels that have slot machines. So says a green-colored flyer that tells lawmakers to "Stop the Fat Cats" and end the "nauseating" and "disgusting" tax break for South Florida casino tycoons.

The flyer declares that "special interest gambling lords" are trying to sneak through a secret deal that would reduce the 50 percent tax rate to 35 percent. The battle seems to be the latest chapter in an ongoing struggle between different gambling interests. Earlier this week South Florida casino owners helped kill a bill that would have helped out the Palm Beach Kennel Club. Sen. Dan Webster called the bill "nauseating" right before he urged senators to kill it.

Sarah Bascom, a spokeswoman for some of the South Florida pari-mutuels, said the "flyer is misguided and an 11th hour attempt to confuse the issue." Bascom said that the "sensationalized" flyers fail to point out that a reduced tax rate would allow casinos to put the money back into improvements that would eventually lead to more customers and more money coming to the state.

House and Senate both like this gambling bill

House and Senate committees on Wednesday added provisions to an agriculture bill that would essentially sanction the establishment of so-called sweepstakes Internet cafes, operations that have sprung up across the country and which many maintain is defacto gambling.

The amendments to SB 2060 and HB 761 were offered by two Miami-Dade Republicans, Sen. Alex Diaz de la Portilla and Rep. Juan Zapata. The provisions allow the Department of Agriculture and Consumer Services to regulate and register these sweepstakes Internet cafes, some of which have already opened in North Florida.

The way the cafes work is that a person goes in and buy either a phone card or Internet access for $5 or $10. In exchange, they get to enter a sweepstakes that is run on an electronic machine that looks very similar to an electronic slot machine.

Diaz de la Portilla said he was pushing the measure as a way to police a largely unregulated industry and that he doesn't want consumers to be subject to scams, noting that no one now checks the electronic machines to make sure they aren't fleecing the public.

"It makes sure these places are legitimate,'' said Diaz de la Portilla. "It's a good consumer protection bill. We need to be protect the people from those engaged in deceptive activities."

Adult arcades or mini-casinos? Legislature could decide

It still pains adult arcade owner Gale Fontaine to talk about her 2005 arrest on charges of running an illegal gambling operation in Broward County.

''I'm a great-grandmother. My family had to watch as I was handcuffed,'' she said. ``And what was I doing wrong? Helping senior citizens?''

A jury acquitted Fontaine the following year, apparently deciding that her business -- with its slot-machine look-alike games that run for as little as eight cents a spin -- was more elderly clubhouse than cut-rate casino.

But now Fontaine's four arcade operations and approximately 200 others across Florida are back in the legal cross hairs. A Senate committee set to meet Tuesday in Tallahassee will consider new regulations for the businesses, a move Fontaine believes is aimed at shutting them down. More here.

Rubio says no on nearly everything

In a pre-session interview on Wednesday, House Speaker Marco Rubio kept saying one thing over and over: No.

No to taxes and fees to help balance the budget, no to approving video lottery terminals at dog tracks and jai-alai frontons, no to using increased property tax collections to help with school funding, no to letting the Lottery beef up its operations, and even no to using reserves to help with the $2 billion budget shortfall. One of the few things he was open to was giving state universities permission to hike their tuition rates by as much as 5 or 6 percent, provided some of the money is used for need-based financial aid.

Rubio flatly said the House would not pass a bill authorizing video lottery terminals, and he said that the House will prepare a budget that includes a rollback in the millage rates charged by school boards. He also was skeptical about the House going along with requests from the Lottery Department to spend more money in order to beef up lottery ticket sales, saying the Lottery preys "on the working class and the poor.''

"Everytime you expand the Lottery all you are doing is balancing more and more of the budget on people who can least afford to pay it,'' he said.

As for reserves, Rubio said the economy is in such a bad position that it would be wrong to tap into reserves for ongoing, recurring expenses because it would leave a hole in the future. "All you are doing is delaying the inevitable,'' said Rubio. "As a term limited legislator that's the ideal thing for me to do...But I don't want that to be our legacy."

  Rubio later, however, conceded the House may look at tapping into some trust funds as part of the "compromise" in reaching a budget agreement. But Rubio said the first priority of the House will be to closely examine the state's base budget and look for places to cut spending.

Higher jackpots and $2 and $3 tickets coming to Lotto

The Florida Lottery is revamping its popular Lotto game, starting as early as March 5. Those wanting to play Lotto will be able to buy $2 and $3 tickets on top of the current $1 tickets that are now available. Those who buy a winning $2 ticket will get a $10 million bonus on top of the jackpot, while those who buy a $3 ticket will get a $25 million bonus on top of the jackpot.

Lottery Department Secretary Leo DiBenigno notes that Lotto hasn't had a major change since 1999 when Florida when to twice a week drawings. "We've got to change and enhance our games,'' he said. More here.

Coming to a racetrack near you: slot machines

A Senate committee Wednesday gave swift approval to a bill that would allow slot machines at every racetrack and jai alai fronton in Florida, and bring the state $354 million more in additional annual tax revenues for education.

But the bill, approved 8-1 by the Senate Regulated Industries Committee, faces long odds making it through the House and past the governor.

''We're not going to balance the budget on the false promises of gambling,'' said House Speaker Marco Rubio in an interview Wednesday. Read story here.

Judges beat up on Rubio argument, Cantero and Pariente beat up on Crist

Oral arguments are underway before the Florida Supreme Court in the case brought by House Speaker Marco Rubio against Gov. Charlie Crist and the state over the gambling compact the governor signed with the Seminole Tribe of Florida. The arguments are clearly being drawn over whether Crist overstepped his authority by signing a compact without legislative approval:

Justice Charlie Wells to Rubio's counsel, Jon Mills: "We put the governor out there to negotiate with the Seminoles Indian Tribe, then we run into this time deadline. The Legislature, knowing this is going on, fails to act...Why isn't it the necessary business of the governor to step in when the Secretary of Interior has issued regulations?''

Justice Barbara Pariente to Crist's counsel, Chris Kise: "I think you have an uphill battle on this issue, whether banked card games are authorized" under federal law.

Pariente to the tribe's counsel, Barry Richard: Can the Legislature do anything to invalidate this?

Richard: "There is nothing the Legislature can do to undo what has been done, but they had 16 years...the Legislature has chosen not to speak.''

Cantero: "That seems to me to be a decision not to execute a compact...It's failure to act is irrelevant to me as to whether the Legislature or the governor has the power to execute a compact.''

Slot machines start spinning despite Rubio's lawsuit

The compact between the Seminole Tribe of Florida and Gov. Charlie Crist may be tied up in court, but that isn't stopping the tribe from bringing in about a 1,000 Las Vegas styled slot machines that will start operating on Monday at the Seminole Hard Rock Casino near Hollywood.

The tribe is taking this step even though the state Supreme Court has yet to rule on House Speaker Marco Rubio's lawsuit that contends that Crist is not allowed to unilaterally reach a compact with the tribe. More here.

Bush vs. Meek, Round 2

Gov. Jeb Bush, credited in 2005 with blocking slot machines in Miami-Dade, has signed up to campaign against another proposed slots referendum in his adopted hometown.

"As I did two years ago when I was governor, I am urging all of my fellow Miami-Dade residents to join me in voting no on Jan. 29 so that we may continue to protect our community and our families," Bush wrote in a statement read at an anti-slots press conference. "Exanded gambling will only serve to erode our traditional industries, the industries we aspire to have and our very social fabric."

On the other side of the campaign, former U.S. Rep. Carrie Meek, a Miami Democrat whose son, Rep. Kendrick Meek, gave Bush one of the only losses of his two term tenure as governor. Meek successfully pushed for limits on class sizes.

His mom urged voters to say yes, saying that casinos will spur economic development that minority neighborhoods especially need.

''This is going to help everyone improve the quality of their lives . . . . Jobs, businesses -- that's what we need and that's what's going to happen,'' said Meek, who is being paid by the campaign as a consultant.

Read more here

Crist won't take a position on Miami-Dade slots fight

Gov. Charlie Crist refuses to take a position on whether or not voters in Miami-Dade County should let pari-mutuels in that county add Las Vegas styled slot machines. This comes even while past governors such as Bob Graham and Jeb Bush have joined the fight against slots, which goes to voters on Jan. 29.

"I'm focused on this,'' said Crist, who was spending the day campaigning in favor of the Yes On 1 property tax amendment. "I am trying to keep focused on what is most important to the people."

Rivera's name appears on pro-slots list

The political committee promoting Miami-Dade County's slot machine referendum released a list Monday of prominent backers.

The list includes Miami Mayor Manny Diaz, County Commissioner Sally Heyman and state Rep. David Rivera, a Miami Republican who has been chief deputy to House Speaker Marco Rubio, an outspoken foe of gambling.

The list of 28 officials, released as opposition forces start to organize two weeks before the election, also includes retired U.S. Rep. Carrie Meek, who was hired as a consultant to build support for the pro-slots campaign in the black community, called Yes for a Greater Miami-Dade.

Miami-Dade voters will decide on Jan. 29 whether to allow Las Vegas-style slot machines at the county's three parimutuel operations: Calder Race Course, Miami Jai-Alai and Flagler Dog Track.

Broward County's dog and horse tracks already have slots approved by that county's voters.

Other Miami-Dade supporters: state Sen. Alex Villalobos, Miami Commissioner Tomás Regalado, North Miami Mayor Kevin Burns and County Commissioner Dennis Moss.

Also on the list: state Rep. Julio Robaina -- who has the same name but is unrelated to Hialeah Mayor Julio Robaina. The Hialeah mayor is a staunch and outspoken opponent of the slot machine proposal.

 

Miccosukees schedule gambling talks, then hold off

On the day last November when the Seminole Tribe signed its agreement with Gov. Charlie Crist to expand gambling at its casinos, the U.S. Department of the Interior sent a letter to Miami-Dade County's Miccosukee Tribe announcing the resumption of negotiations for a similar pact.

But the new negotiations, which had started nine years earlier, never got off the ground. The tribe called them off Wednesday, one day before a conference call was set with the tribe, the governor's office and Interior Department officials.

The tribe asked that the talks be deferred indefinitely ''due to various ongoing legal developments,'' according to a letter sent to the governor's office and signed by the Miccosukees' attorney, Dexter Lehtinen. More here.

Second group forms to oppose slots amendment; Rubio continues to oppose it

A new anti-casinos group that includes greyhound advocates, mothers against gambling and conservative Christian organizations declared Wednesday that ''Miami is not for sale'' as it announced plans to fight the Jan. 29 slot machine referendum.

Miami-Dade County voters will decide at the end of the month whether to allow the county's horse track, dog track and jai-alai fronton to install Class III, Las Vegas-style slot machines like those already operating at parimutuel facilities in Broward County.

The new group, which calls itself No Casinos Miami, includes a broad array of social and religious causes. In a news release, it defines itself as a ``left-right bipartisan group.''

With only 20 days left before the election, organizers acknowledged at a news conference that they come in at a disadvantage. A pro-slots group organized months ago.

''It's our people against their money and muscle,'' said Tom Grey, field director of the National Coalition Against Gambling Expansion. More here.

Meanwhile, House Speaker Marco Rubio said Wednesday that while he hasn't heard of the group he believes "they're right on the issue and I'll be helpful in anyway I can.''

The West Miami Republican said he will work as aggressively as he can to defeat the amendment. "I feel the same way I did two years ago. I think it's a bad deal for Miami-Dade County and, by the way, it
hasn't yielded the results that were promised in Broward either.''   

-- AMY DRISCOLL

Seminole gambling compact now in effect

The Seminole Tribe's gambling agreement with Gov. Charlie Crist has been officially approved, following today's publication of a notice announcing the deal in the Federal Register.

Despite a final attempt last week by Florida Attorney General Bill McCollum to delay the agreement, the controversial gambling pact is now in effect, according to Bureau of Indian Affairs spokeswoman Nedra Darling.

The tribe has said it is six to seven months away from installing the new games in its seven casinos. Under the deal, the Seminoles can run Class III, or Las Vegas-style slot machines as well as card games such as blackjack. In return, the tribe will pay the state at least $100 million a year for 25 years.

But the agreement still faces a challenge in the Florida Supreme Court. House Speaker Marco Rubio filed suit in November, shortly after Crist and the tribe signed the agreement, arguing that the governor did not have the right to bind the state to the deal without legislative approval.

The case is scheduled for arguments on Jan. 30 in Tallahassee.

-- AMY DRISCOLL

Buffet's not interested in Florida casinos for his Margaritaville

A trail of e-mails between Gov. Charlie Crist's chief of staff and a lobbyist for singer Jimmy Buffet that mentioned ''the gaming issue'' stirred a short-lived flutter of speculation last week.

In a Dec. 7 e-mail, lobbyist Jeffrey Sharkey asked George LeMieux for a 15-minute chat ``about the gaming issue. I know you are probably tired of it. The governor and Buffet talked about it, and I wanted to get your insights into an idea.''

But the talk never happened, Sharkey said, due to scheduling difficulties. He added that Buffet had no interest in a casino venture in Florida -- though the singer agreed last year to develop a Margaritavilla-themed casino in Biloxi, Miss., with Harrah's.

The talk would have touched on Crist's contested gambling agreement with the Seminole Tribe and other Florida issues that interest Buffet, Sharkey said, including the environment.

Buffet, a Palm Beach resident who also owns a chain of Margaritaville restaurants, has worked for environmental causes, including manatee conservation and preservation of the Everglades.

-- AMY DRISCOLL

Federal judge refuses McCollum's request to block gambling deal

Florida Attorney General Bill McCollum's last-minute push to delay the approval of Gov. Charlie Crist's gambling deal with the Seminole Tribe fell short Friday when a federal district judge in Washington refused to block the deal.

That leaves the Seminole Tribe waiting for one final step, likely to occur next week, that will make the gambling pact official: publication of a notice in the Federal Register. More here.

Feds say compact deadline is Jan. 4

When Gov. Charlie Crist and the Seminoles signed the gambling compact, they transmitted it immediately to the Department of Interior for approval. If the clock had started then, the 45-day deadline for the feds to approve it would be Dec. 29. But, in typical bureaucratic fashion, the department didn't register it as received until Nov. 19. That pushed the deadline for them to approve, reject or let it be enacted without action until Jan. 4. Attorney General Bill McCollum said he's been told they will let it run its course for approval.

Meanwhile, McCollum's office has not officially served the department with his lawsuit, asking a federal judge to force DOI to halt its approval of the compact until the lawsuit challenging Crist's authority to sign it unilaterally is resolved. So there's been no federal response on that.

Gulfstream adds its case to pile-up of gambling lawsuits

Gulfstream Park Racing Association, which owns the horsetrack in Broward County, filed suit against the Department of the Interior and Gov. Charlie Crist in federal district court in Tallahassee on Thursday, mirroring some of the same arguments made by Bill McCollum in a similar lawsuit filed earlier in the day.

Gulfstream is asking the court to stop the feds from allowing the compact to take effect, and to declare it invalid, arguing that Crist doesn't have the authority to bind the state to a gaming compact with the Seminole Tribe of Florida without legislative approval and the court should not let the federal agency enact an "invalidly enacted compact.''

Attorney General Bill McCollum filed his suit in federal district court in Washington, D.C. Thursday as well, asking the court to withhold the Department of Interior's decision on the compact. The agency has until the Dec. 29 to approve, reject or let the compact become law without action.

"We have in this situation a very questionable act on the part of the governor that the state Supreme Court is well within its power to review,'' McCollum said Thursday. "The governor took it upon himself not to seek approval of the Legislature. We have criminal laws in our state -- laws that prohibit some of the gaming activity that this compact would allow'' but the governor did not seek to change those laws.

Download gulfstreamcomplaint1.pdf                      Download mccollum_complaint.pdf 

McCollum sues feds over gambling compact

Attorney General Bill McCollum on Thursday filed a lawsuit against the U.S. Department of Interior demanding that they withhold a decision on approving Gov. Charlie Crist's compact with the Seminole Tribe of Florida until the state Supreme Court rules on whether the compact is valid without legislative approval.

The Florida Supreme Court has set oral arguments on Jan. 30 to hear arguments in the lawsuit filed by House Speaker Marco Rubio that challenged Crist's authority to unilaterally approve the compact with the tribe. Read McCollum's lawsuit here.

Are adult arcades the parimutuel's next target?

Video slot machines that pay out with gift cards at mom-and-pop arcades illegal gambling have drawn the scrutiny of the House Business Regulation Committee which is now asking: should they be shut down, or are they games of skill that can be regulated?

The committee heard testimony that the proliferation of the ''gray market'' games at penny-ante game rooms confuses law enforcement and opens the door for money laundering and fraud. More here.

The committee's chairman, Rep. Carlos Lopez-Cantera, said he wants illegally operated machines closed down and the state laws clarified to regulate the rest. ''I don't want anyone to think this is a witch hunt,'' said the Miami Republican. ``This is an industry that a lot of seniors attend, and it has no regulation.''

But the arcade industry suspects there's more here than regulating their games. Gale Fontaine, president of the Florida Arcade Association, said her group ''welcomes regulation'' to get rid of the ''bad operators.'' But she worries that the real motive is a back-door attempt by the parimutuel industry to shut them down in the face of new competition from Seminole Tribe casinos.

State Sen. Jeremy Ring, a Margate Democrat, is already drafting a bill to create a super-agency to regulate all gambling, parimutuel wagering and even the state-run lottery. He said Thursday he will tuck these so-called mom-and-pop shops and adult arcades into it ``because they need to be regulated.''

Anti-slots group emerges in Miami-Dade

Slot-machine opponents have started pulling out the ''M'' word -- morality -- as they warm up for a fight against Miami-Dade County's Jan. 29 referendum on allowing Las Vegas-style games at the county's dog and horse tracks and jai-alai frontons.

The latest to join the opposition forces is United for Family Values, a newly formed political committee. Others with battle plans against slots include the Florida Baptist Convention, the Christian Coalition of South Florida and Grey2K, an anti-greyhound racing group. More here.

Senate: We have right to negotiate gambling pact with tribe

Senate legal counsel Jay Vail told the Senate Regulated Industries Committee Tuesday that if the Florida Supreme Court upholds the House's lawsuit against the governor, the legislature can start over with a new compact between the state and the Seminole Tribe and legislators can negotiate.

"It's our legal position that the legislature has to ratify or approve any compact that’s entered into with the tribe,''  Vail said. "If the governor brought that to us, we could write our own compact and that would be another offer to the tribe until the legislature approves the compact.''

He emphasized that Gov. Charlie Crist is acting on his own even though "there is nothing in federal law that appoints the governor as the sole negotiator with the tribe."

   

House doesn't get its way in gambling lawsuit

The Florida Supreme Court today pushed back oral arguments in the lawsuit between House Speaker Marco Rubio and Gov. Charlie Crist until Jan. 30. The move is a win for Crist and his team because House attorneys sought to expedite the case that challenges Crist's approval of a compact with the Seminole Tribe of Florida that allows them to expand their current gambling activities.

This means that the court will not resolve the case before the Department of Interior has a chance to rule on the compact. Under federal law, the department must render a verdict on a compact within 45 days after it is submitted. Crist submitted the compact on Nov. 14., meaning the feds must make a decision by the end of December.

UPDATE--Jill Chamberlin, a spokeswoman for Rubio, insists that although the House wants to expedite the case it's not because the House wants a ruling before the feds make a determination on the compact. She said all sides have agreed that the state Supreme Court will make the ultimate decision as to whether Crist can approve the compact on his own.

Rubio to Crist: You are not the state

Florida House Speaker Marco Rubio and his lawyers have fired back at Gov. Charlie Crist in their lawsuit over the compact that Crist negotiated with the Seminole Tribe of Florida. Read it here: Download HousevCristreply.pdf

In their reply filed today at the Florida Supreme Court, Rubio's lawyers argue that while federal law requires states to negotiate in good faith with the tribes over gambling, Crist by himself is not the "the state." They also assert that federal law does not allow the governor to allow the Seminoles to offer gambling that is currently illegal under state law.

Rubio filed the lawsuit last month asking the state's high court to stop Crist from unilaterally imposing the compact on the state and Crist filed his reply on Monday. Oral arguments in the case will be held Dec. 12 at 9 a.m.

Crist to Rubio: You're so wrong

With minutes to spare before the deadline, Gov. Charlie Crist just filed a 51-page response to the lawsuit filed by House Speaker Marco Rubio. The basics of his argument before the Florida Supreme Court: the court lacks jurisdiction, the governor not only had the authority to negotiate the compact and he had a duty to negotiate it.

"Petitions fail to provide a rational explanation of why the framers would have empowered the Governor to conduct necessary business with the officers of Florida local governments but denied him the power to conduct equally necessary business with officers of non-Florida governments,'' the response states.

Read it here: Download crist_response.pdf; Download crists_appendices.pdf The governor's appendix includes an affadavit from Jim Shore, a Seminole leader and the tribe's general counsel.

Here's the Seminoles' response: Download seminoles_response.pdf

By the way, Crist's brief was filed by Chris Kise, the governor's former legal counselor now with the law firm of Foley Lardner.

A glimpse inside the gambling compact

The Seminole Tribe wanted roulette and craps, and the chance to build multiple casinos on some of its reservations. The state wanted to limit games to slots but get smoking bans and millions of dollars up front.

Neither side got all that it bargained for in the historic agreement signed Nov. 14 between Gov. Charlie Crist and the Seminole Tribe of Florida and forged after decades of distrust.

In exclusive interviews with The Miami Herald, the key negotiators for the tribe and the Republican governor revealed the behind-the-scenes crafting of the compact they compare to a treaty between nations. Read more here.

Gulfstream files its brief in gambling case against gov

Gulfstream Racetrack has filed its amicus curiae brief in support of the lawsuit by House Speaker Marco Rubio against Gov. Charlie Crist for signing the 25-year gambling compact with the Seminole Tribe. It follows the Senate, which filed earlier today. Gulfstream's prime arguments:

* The gov doesn't have the authority to bind the state to the compact;

* Federal law doesn't give the governor authority to allow Class III gaming;

* The 45-day deadline on the Secretary of the Interior has no impact on the court.

Read it here: Download Amicus_Brief_Gulfstream.pdf

Senate joins with Rubio against Crist. Sort of.

The Florida Senate has asked the Florida Supreme Court to let it appear as a "friend of the court" and file an amicus brief in favor of House Speaker Marco Rubio's lawsuit against Gov. Charlie Crist over whether Crist has exceeded his authority in negotiating a compact with the Seminole Tribe.

What this means is that the Senate agrees that Rubio was right to ask the court to decide the issue. But the Senate isn't going to the lengths of actually intervening in the case. And the Senate isn't as confrontational as the House in its legal filing.

The brief filed by the Senate on Friday morning said the Senate is "in doubt" as to whether Crist can approve the compact without legislative approval and that it raises "fundamental questions" about the separation of powers between the legislative and executive branches. But the brief does not have the sharp tone of the House lawsuit, suggesting instead that the lawsuit is appropriate because the court needs to decide whether or not the compact should be ratified by the Legislature. Read it here:Download amicus_brief_florida_senate.pdf

One track wants to join with anti-gambling House speaker

Gulfstream Park on Wednesday filed a motion with the Florida Supreme Court asking that it be allowed to join the lawsuit between House Speaker Marco Rubio and Gov. Charlie Crist over the 25-year compact that Crist negotiated with the Seminole Tribe of Florida. Rubio has argued that Crist has overstepped his authority by letting the Seminoles have types of gambling not now authorized by Florida law.

Gulfstream argues the compact will hurt the Broward County parimutuel and threatens tax money it now turns over to the state: "This economic impact, these jobs and the consequential tax revenues are all jeopardized by the Governor's actions in executing this compact," states the motion.

Gulfstream has handed out more than $140,000 in campaign contributions this year, more of half went to the Republican Party of Florida, although they have contributed this year to the campaigns of Rep. David Rivera and Rep. Carlos Lopez-Cantera, two of Rubio's allies. They also gave $25,000 to a CCE run by Sen. Mike Haridopolos.

Court sets filing deadline in Rubio v. Crist

The Florida Supreme Court is fast-tracking its review of House Speaker Marco Rubio's lawsuit against Gov. Charlie Crist and the Seminole Tribe of Florida and the gambling compact they signed Nov. 15.

The court today granted the tribe's request to join the lawsuit to defend Crist and has given them until Dec. 3 to file their briefs. The House then has only until Dec. 6 to respond. The court wants both parties to say what impact the Dec. 29 deadline for the Department of Interiot to improve the deal will have on the court's review.

Seminoles join lawsuit to defend Crist

The Seminole Tribe of Florida filed a petition with the Florida Supreme Court this afternoon joining the lawsuit filed by House Speaker Marco Rubio and the House on Monday as respondents. Their argument: if the court's going to throw out the compact negotiated with the governor, they ought to have a chance to defend themselves. Download seminoles_motion.pdf

"The Seminoles have a vital interest in the outcome.'' said Barry Richard, the Tribe's lawyer.

"Because the Tribe is a party to the underlying Compact at issue and, therefore, indispensable to this proceeding, and due to the direct and significant stake it has in the adjudication of the issues herein, the Tribe should be joined as a Repondent,'' Richard wrote in the petition.

Crist disappointed in Rubio "for education"

Gov. Charlie Crist spokeswoman Erin Isaac had this to say about Rubio's challenge to the gambling compact: "We are reviewing the petition. The Governor is disappointed that the actions of the Speaker may delay additional dollars to education.''

Rubio's statement to members on lawsuit

Statement from House Speaker Marco Rubio on lawsuit:

"Today I directed attorneys representing the House of Representatives to file the attached petition in the Florida Supreme Court.  The petition asserts that the Governor lacked the authority unilaterally to bind our state to a gambling compact with the Seminole Tribe of Florida.  As relief, the petition asks the Court to declare the compact invalid unless and until it is approved by the Legislature.  By filing our petition directly in the Supreme Court, we have chosen the approach that will resolve this dispute as efficiently and definitively as possible.

Although this litigation arises in the context of a debate over the expansion of gambling, the principles at stake are far larger than that single issue. This case is about protecting our system of checks and balances.  Rather than place too much power in the hands of one person, our constitution divides power among three equal branches of government.  I have an obligation to protect and defend the constitutional role of the Florida House of Representatives.  It is an obligation not only to this legislature, but also to future legislatures as well.

This case is also about ensuring that major public policy decisions are made in the open, with a meaningful opportunity for public deliberation.  The decision to grant the Seminole Tribe an exclusive right to conduct gambling that is otherwise illegal in Florida is a major public policy decision.  Such decisions should be made in the open.  And they should be made after the public has had the opportunity to ask questions and hear answers.

While success in litigation is never guaranteed, I am confident that our position is correct.  Each of the five state supreme courts considering this issue has concluded that a governor may not unilaterally bind a state to an Indian gambling compact.  We believe that the Florida Supreme Court will also conclude that an Indian gambling compact requires legislative approval.

Rubio files suit against Crist over gambling compact

     House Speaker Marco Rubio asked the Florida Supreme Court Monday to invalidate a gambling compact Gov. Charlie Crist signed with the Seminole Tribe of Florida, arguing that it "blatantly ursurps legislative power'' and violates the constitution.

   The high level challenge was filed Monday at noon by Rubio and the House of Representatives and could cloud the historic agreement Crist signed last Wednesday with Seminole Chief Mitchell Cypress.

    The 25-year agreement gives the tribe exclusive rights to install Las Vegas-style, Class III, slot machines and banked card games, such as black jack and baccarat, at their seven casinos throughout the state, including the Hard Rock Casino in Hollywood.

    Rubio is asking the court to intercede because, he argues, the governor violated the separate of powers clause of the state Constitution, which is stronger than the same provision in the U.S. Constitution and the constitutions of many other states.

    "This case is about the Governor's encroachment on the Legislature's law- and policy-making authority, in violation of our Constitution's strict separation of powers provision," Rubio aruges in its 31-page lawsuit. "...The Compact most blatantly usurps legislative power by authorizing numerous card games that the Legislature has forbidden in all circumstances."

Read full story here. Read lawsuit here: Download house_petition.pdf  Read list of other compacts: Download appendix_compacts.pdf

Seminoles' television ads promote compact, provoke critics

Fearing a legal battle that could sink his gambling pact with the Seminole Tribe of Florida, Gov. Charlie Crist is already doing what he does best -- campaigning.

The governor sent thousands of supporters an e-mail Thursday claiming the pact ''has the potential to bring billions of dollars to Florida schools'' and the tribe began running television ads across the state Friday applauding the governor for signing it. The Seminoles have also launched a new web site.

The parimutuel industry and some legislators are not happy. "They're just trying to put lipstick on a pig," said Rep. Frank Attkisson, a Kissimmee Republican and gambling opponent who believes the House should sue the governor for stepping on the Legislature's power to control gambling.

"If you ask people to trust you that you won't expand gambling and then you do this, which is in fact the largest expansion of gambling ever, then you probably need an ad campaign to make it look better," he said. Read full story here.

Crist signs 25 year pact with Seminoles

The Seminole Tribe of Florida declared victory Wednesday and Gov. Charlie Crist proclaimed it ''a very historic day'' as they signed a 25-year pact to allow the tribe to operate high-stakes gambling on its land in return for giving the state as much as $1 billion over five years.

The deal, signed Wednesday in the governor's office, ends 16 years of negotiations and decades of litigation over the tribes's gambling rights. The state agrees to allow the tribe to operate Vegas-style slot machines and blackjack and baccarat card games at its seven casinos. In return, the tribe will pay the state at least $100 million a year and up to $1 billion over five years.

''This is a very historic day for the state of Florida and the Seminole Nation,'' Crist said as Seminole Chairman Mitchell Cypress stood at his side. Read full story here.

Download 11.14.07 Final Compact and Exhibit A.pdf

Download 11.14.2007 Summary of Provisions.pdf

McCollum: Gambling deadline is not legal

Here's the first face-off in the legal skirmish over Indian gambling in Florida: Gov. Charlie Crist and Attorney General Bill McCollum flatly disagree over whether the federal government has a right to impose a deadline on the governor to negotiate a compact.

Crist said this morning that he has a different opinion than McCollum. McCollum repeated, and elaborated on his interpretation of the law: "The deadline is outside their legal authority,'' he told reporters. "I believe that's true, based on federal law and court decisions, based on a Texas case that was decided in August, based on what (former Attorney) General Butterworth argued.''

Butterworth's case against the federal government was decided in 1996 and, McCollum said, made it "very clear the Department of Interior under federal law does not have the authority to go ahead and impose the right to permit gambling.''

Crist replaced Butterworth as attorney general and, during his term, he never allowed his office to get involved in the legal arguments of the compact negotiations with the tribe, even though Gov. Jeb Bush began the talks.

McCollum said that just because Crist may be forced to act on a deadline that McCollum believes is unjustified, it's not enough reason to sue the feds. That would take the feds moving forward with their threat, which won't happen since the governor is going to sign a compact within the hour.

"The only time there would be litigation is in fact if the Indian reservations were given the authority to move forward with certain gaming activities'' without the consent of the state, McCollum said.

"I'm not trying to interfere with the governor's negotiations,'' McCollum said. "That's not my ballpark. But the law is.''

Crist to use threat of feds' deadline as reason to sign gambling deal

Gov. Charlie Crist is expected to announce today that he will sign the gambling compact with the Seminole Tribe of Florida and use as his reasoning the threat from the federal government. The Department of Interior has imposed three deadlines on this governor, ordering him to complete negotiations with the tribe or they will begin procedures to allow Class III slot machines onto the Seminole's reservations. The first two deadlines passed, and were ignored, the latest is Thursday. The department also imposed a deadline on former Gov. Jeb Bush, but that was also a threat that went unanswered.

Attorney General Bill McCollum said last week the federal governor does not have the legal authority to impose those procedures, or even a deadline. How does the governor view that? "Differently,'' he said Wednesday, in a cryptic answer to reporters' questions. On what does he base that opinion? "The advice I'm given." More here.

Another House salvo on gambling

House Speaker Marco Rubio is showing his hand on the gaming compact, releasing a legal opinion today that was sought by the House and written by former House Speaker and constitutional law expert, Jon Mills.

In a memo to members, Rubio says Gov. Charlie Crist and the Seminole Tribe "apparently are close to agreement on a compact to allow casino-style gambling on tribal lands in Florida." The legal opinion, he said, concludes "that any final compact will not be valid unless it is approved by the Florida Legislature."

Rubio's letter is a warning to the governor that if he doesn't submit the compact for legislative approval, a lawsuit is likely. "Each of us must give this matter careful consideration,'' Rubio writes. "There is much more at stake here than our individual views on the merits of expanded tribal gambling.  Legislative involvement is essential to the principle of checks and balances and to respect for open government.

"The issue is whether it is acceptable for a single elected official, acting without public review and without clear authority, to determine Florida’s gambling policy.  Our answer to that question tests our commitment to the constitutional process for making fundamental policy decisions that affect all Floridians."

Download house_opinion_by_jon_mills.pdf

McCollum to feds: We'll sue if you force gambling

Attorney General Bill McCollum said Wednesday he will sue the federal government if it follows through with threats to give the Seminole Tribe Vegas-style slot machines if Gov. Charlie Crist doesn't complete negotiations on a gambling agreement next week.

The U.S. Department of Interior sent a letter to the governor on Monday ordering the state to complete its negotiated compact by Nov. 15 or it would issue ‘‘Class III gaming procedures'' to give the tribe the same kind of slot machines now operating at Broward's casinos.

But McCollum, a gambling opponent, said that he believes the federal government "has no legal authority'' to force the state to legalize gambling over the state's objection. Federal law requires states to give Native American Indian tribes the same kind of gambling options allowed by state law, but only after they negotiate an agreement with the governor who voluntarily agrees to accept the games.

"They can put all they want in a letter to the governor but I don't think they can act on it," McCollum said. "The Indian Gaming law provides a very explicit procedure. It does not give the Department of Interior a decree that they have the authority to issue gaming procedures. So, if they were to preceed to do that I certainly would go to court and challenge them."

Crist has been negotiating with the Seminoles since June and the Department of Interior has sent him two previous letters imposing deadlines in June and October. But neither deadline has been enforced.

In August, the State of Texas successfully challenged the Department of Interior's authority to issue gaming procedures and used as the core of its argument a 1996 Florida case in which then-Attorney General Bob Butterworth prevailed against the Seminoles. In that case, the U.S. Supreme Court essentially invalidated the federal government's ability to enforce the Indian gaming law.

"We have argued this before," McCollum said. "I don't think it has any teeth."

Meanwhile, the chances of McCollum having to force this question are slim. The governor is expected to return from Brazil and sign the compact, giving the state at least $100 million in guaranteed additional revenue each year. The only outstanding question left is: Will the legislature sue him for doing it?

Gambling compact could be done when Crist returns

With convenient timing, the U.S. Department of Interior has issued another deadline letter to the state with another warning that it's got to complete negotiations on a gambling compact with the Seminole Tribe of Florida, or the feds will impose its own procedures. This time the deadline to have a signed compact, Nov. 15, just days after the governor returns from his trade mission to Brazil.

The last deadline from the Department of Interior was Oct. 15, which was not taken seriously by anyone. Download interior_letter_1105.pdf

But the department has shown that all its deadlines are soft and the compact is nearly complete. So expect that when Gov. Charlie Crist returns on Nov. 12, the compact will be finished.

"We can't get any closer on it until the governor's back,'' said Barry Richard, attorney for the Seminoles. "We might be finished. I just don't know. We resolved most of the remaining issues that we had. We agreed on how to approach the financial issues that we're concerned about.''

Richard said the state wanted a certain percentage of revenues from slot machines to go to the state up front, the Seminoles said that was said that was a problem, he said. The state wanted the tribe to gradually convert its Class II slot machines to Class III machines. "We came up with solutions that those of us who were at the meeting felt were acceptable.''

House Speaker Marco Rubio had this reaction to the developments: "It's important to reserve judgment on the compact until we have one in our hand."

As for the revenue benefits, he said: "In my opinion, this is not about revenue. In my opinion, this is about that fact that there appears to be significant legal support for the notion that at a minimum the tribes are entitled to the same games that are already in the state of Florida and the question is whether the state is going to create procedures for  Class III machines that you find at Broward parimutuels, or whether the federal government's going to create those procedures. There's never been much dispute over that.

"The dispute is whether we have to move on beyond Class III machines and allow table games and so forth. To me, it's never been about revenue. It could be but it's about people and it's a different way of looking at it.''

Talks resume today on gambling compact

With the legislature's talks over a property tax accord having moved out of the spotlight, the governor's legal staff is turning its attention once again to the gambling compact with the Seminole Indians. A conference call with the governor, the tribe and the U.S. Department of Interior is expected today at 4 p.m. No breakthroughs are expected.

Robaina's wager in slots battle: Revive Hialeah or bust

Hialeah Mayor Julio Robaina is hoping to send a message to the governor and lawmakers this week and deadlines encroach on a possible slots deal with the Seminole Indians: He will campaign against the January referendum on the ballot in Miami-Dade, urging Hialeah residents to vote no, unless the legislature gives the city's famous but shuttered thoroughbred track new racing dates.

His goal: allow the track ot reopen and potentially install slot machines. More here.

The Department of Interior has asked the Seminoles and Gov. Charlie Crist to complete the compact today, but no one expects it to happen. The next meeting between the governor's lawyers and the tribe's is set for Tuesday in Tallahassee.

Gambling industry rolls the dice, and money, with GOP

Florida's ailing gambling industry, betting on the Republican-led Legislature to come to the rescue, has anted up $800,000 to the state party in the past three months, most of it at House-sponsored fundraisers.

The checks, some as large as $100,000, came from owners of parimutuels from Miami to Jacksonville, Tampa and West Virginia and account for 17 percent of the $4.71 million the state GOP raised during over the quarter that ended Sept. 30.

Nearly $600,000 of the GOP haul was delivered to the party within one week in late July, the same time House Republicans held ''Havana Nights'' fundraisers in Coral Gables and Miami Beach. The events featured a yacht cruise, salsa lessons, dinner at the former Versace mansion and personal concierges available 24/7. More here.

Aha: Gov's office reveals what kicked them into gear on gambling

So now we may know the real reason why a series of self-imposed deadlines sort-of appeared in the recent drafts of Gov. Charlie Crist's gambling compact with the Seminole Tribe of Florida: the feds have had a Oct. 15 deadline on the state to get a deal on Class III slots together.

In a letter to the governor dated Sept. 24, Assistant Secretary of Indian Affairs Carl Artman says that tribal and state negotiators have reported that "a final agreement was reachable within days." Download doi_letter_92407.pdf

"The department is pleased with the progress made and satisfied that an agreement will soon be concluded,'' Artman continues. "Therefore I plan to stay the issuance of class III procedures until Oct. 15, 2007."

The letter may explain why the governor's office penciled into the draft it made public on Sept. 24 these dates: a Sept, 30 deadline to sign the deal and an Oct. 31 deadline for legislative ratification. We now know Oct. 31 was obviously too late. Is this more proof that the gov's office doesn't really consider legislative ratification essential?

But here's the big question: Why hold off on releasing this letter, or even mentioning it in public pronouncements, unless you don't want people to know the feds are making this threat? This news organization made multiple requests for copies of all documents relating to the compact during this period. The feds, the state and the tribe had a Sept. 11 conference call and never mentioned the deadline after that.

Why would the governor 's office hold onto this letter for more than a day when there were daily public records requests? The governor's Communications Director Erin Isaac has an answer: "It wasn't done intentionally...It wasn't for covenience. It's just that it got caught up in correspondence," she said.

Those willing to give them the benefit of the doubt can't help but notice one more thing: By keeping this letter under wraps for two weeks, they were better able to clear the way for to wait until the budget and no-fault auto insurance were completed.

The governor's office is not among those who believe that the Department of Interior has absolutely no authority to impose so-called Class III procedures. That doubt is held mostly by legislators. The governor believes the feds could allow the tribe to gets Class III slots without giving the state a thing if they don't meet the deadline. Legislative leaders in both chambers and on both sides of the aisle disagree. They believe the Department of Interior has no authority to impose anything on Florida -- and they cite a recent federal district court ruling to prove their case.

So if the governor wants this deal sealed, it may become the next issue on the legislature's plate when lawmakers return to the capital next week. Oct. 15, after all, is only two days after the legislative session is scheduled to end.

Seminoles agree to phase out lower-paying slot machines

Under the latest gambling compact proposal presented by the Seminole Tribe of Florida to the governor's office today, Download compact_draft_vii.pdf, the tribe agrees to phase in the conversion of its Class II, video-style slot machines, to Class III slot machines, which operate more quickly but give players higher prizes and the house higher profits.

The agreement says it will convert 75 percent of them within two years and all of them within five years or the state will receive payments "as if the conversion has been completed whether or not the tribe has fully executed its conversion."

This draft also eliminates the 30-day deadline of Oct. 31 and the Sept. 30 deadline for them to complete the compact.

This is a counter-offer to the agreement last offered to the tribe by the governor's office about 10 days ago. The tribe wants the time-frame of the compact's life stretched back from 20 to 25 years and the threshold for when it would to cease payments to the state in the face of competition from parimutuels moved back up to when its net win drops to $1.37 million, instead of the $1.35 million the state suggested.

The tribe continues to agree to have 95 percent of the money dedicated to education and five percent to the local governments affected by the new games.

Gambling compact talks go into overtime

Day-long negotiations between lawyers for Gov. Charlie Crist and the Seminole Tribe of Florida ended late Monday with no conclusion but officials said they will resume again Tuesday, when they hoped to complete a tentative agreement.

"We are making progress,'' said Seminole lawyer Barry Richard. "We slogged our way through 25 issues. We're taking things one at a time.''

Richard said he expected a "tentative agreement" to be completed by Wednesday.

"We have a number of issues in which the governor's office has said it's important for us to do this and we've said that doesn't work,'' he said. "We've tried to come up with alternatives for both sides. This has been a good model of how to negotiate. Both sides have really tried to accommodate the others. Everybody would like to get this finished in this meeting.''

Richard and Seminole lawyer Jim Shore spent most of Monday with Crist's chief of staff George LeMieux and the governor's general counsel Paul Huck in a conference room just down the hall from the governor's office. They worked the fine points of a deal to allow them get Class III slot machines at their Hard Rock Casinos and other reservations as well as banked card games, such as blackjack and bacarrat.

The deal is near completion, Richard said, but details are still being hammered out over how much the tribe will pay the state in exchange for the exclusive rights to operate the Class III card games in Florida. Initial drafts called for the tribe to give the state a minimum of $100 million a year and others said the amounts could climb as high as $200 million a year.

Once the deal is signed, the bigger battle begins for Crist. He wants legislators to approve it, to offset the chances of a fight from parimutuels in court, but with House leaders refusing to go along with the proposed plan, many expect the governor will have to sign it and expect a challenge from the Legislature that would also have to be settled in court.

Compact delayed, meeting set for Monday

In spite of their self-imposed deadline of Sept. 30, Gov. Charlie Crist and Seminole Tribe of Florida negotiators have scheduled a meeting to work out final details of their gambling compact for Monday.

The latest draft of their draft agreement sets the Sept. 30 deadline for the parties to sign the deal, and gives the legislature until Oct. 31 to approve it. But with the House continuing to resist any expansion of gambling into banked card games, sources say the governor has slowed down the talks, hoping to find some middle ground. 

Geller talks with gov on prop taxes and gambling

Democratic Senate Leader Steve Geller's meeting with Gov. Charlie Crist this morning on gambling, inevitably morphed into a discussion on property taxes. The governor is clearly interested in getting the issue revived in special session, after a Leon County court judge knocked the property tax amendment off the ballot because of misleading language.

The governor asked Geller: "Could you just fix the title?''  Geller responded: "I dont think the Senate has the votes to pass this any longer.''

Geller also wonders "what happens if the appeal wins?" If the legislature puts a new version of the ballot measure on the ballot as well, "does that mean you have two on the ballot?''

Meanwhile, on gambling, Geller wanted to make his case one more time before the governor finishes negotiations with the Seminole Tribe on the gaming compact. Geller, whose district includes three parimutuel casinos as well as the Seminole's Hard Rock Casino, urged Crist to consider this approach: allow the parimutuels and the Seminoles to have card games and slots in Broward and, in the future, Dade while the Seminoles have it exclusively everywhere else. Other parts of the state would be allowed to hold a referendum to get either of those options.

Geller admits he doesn't know how likely it is for his approach to win approval in the anti-gambling House. "Would they be prepared to authorize Class 3 gambling in other parts of the state with a local referendum? I don't know."

Florida high court rejects slots appeal

After just a week reviewing the case, the Florida Supreme Court issued its swift ruling today unanimously agreeing to reject the challenge to the amendment on slot machines. Slot machine opponents alleged that fraud occurred in the petition drive leading up to the slots amendment and it should be removed from the constitution. The court rejected jurisdiction and said the facts of the court should have been developed at the trial court level. See it here: Download level_playing_field_ruling.pdf

Writing for the court, Justice Barbara Pariente cited the answer brief of Attorney General Bill McCollum, saying it was a sound argument the court agreed with:

"The long-standing principle that an election cures irregularities in the process and thereby promotes finality and administrative efficiency is a weighty one; similarly, the ability of citizens to amend the state constitution through the initiative process without fraud is extremely important.

"This Court should avoid making rulings affecting the application of these principles until the specific allegations of fraud are adjudicated. A fully-developed record with a proven set of facts will allow this Court to carefully consider and balance the competing legal principles; that cannot properly be done based on speculative, unproven factual allegations."

During the arguments last week, the justices asked lawyers on both sides to address whether they should hear the case at all or return it to the lower court for trial.

Crist's new promise: solar energy plant in Florida

Gov. Charlie Crist joined Florida Power & Light officials in New York City Wednesday to announce, out of the glare of the sunshine state, a $2.4 billion venture to build a solar-thermal power plant someday in Florida. More here.

The plant would begin as a 10-megawatt project in Florida and increase to 300 megawatts but it is dependent on several unknowns: How soon with the new technology be ready for prime time? Will the technical partner, Ausra Inc., agree to FPL's cost and technical requirements? Where will be plant be sited? How long will it be for FPL to obtain the needed permits?

Nobody is promising this will have an impact on anybody's energy bills any time soon, but FPL is sure to win points when the state lowers the boom on carbon emissions and starts rewarding companies for being green.

McCollum warns about "nightmare'' of expanded gambling

Attorney General Bill McCollum won't answer the legal question of whether the legislature has a role in approving the gambling compact expected to be signed soon by Gov. Charlie Crist and the Seminole Tribe of Florida. But, judging by this op-ed piece he's offered to the Miami Herald, he will say what he thinks of gambling -- and he doesn't like it. Download gaming_oped.doc

The Republican AG has studiously stayed out of the fight between Crist and the legislature but he stays true to his conservative stripes and, in this piece, bestows the evils of gambling like the best of them. "Casino gambling could conceivably be a nightmare for Florida,'' McCollum writes. "As our state works through issues surrounding a gaming compact with the Seminole Tribe, it is important we reflect on the potential negative consequences of expanded gambling and formulate policy accordingly.''

McCollum also complains about what he calls "convenience gambling" but it's not clear whether that includes the Lottery Department's move to seek approval to install instant ticket vending machines at retailers across the state. He is clearly choosing his words carefully, to make sure he really doesn't say too much about the brewing fight, and potential court battle, between the gov and legislature on the issue. After all, his office might have to defend one of them.

Crist faces first major power struggle over his gambling plan

Facing a self-imposed deadline of Sept. 30, Gov. Charlie Crist is moving forward on plans to sign the landmark gambling compact with the Seminole Tribe of Florida this week. But the latest draft includes provisions that have prompted new concerns and legislators aren't happy. Is a showdown inevitable? More here.