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Gambling deal with Seminoles overturned
Expansion of games was illegal, Florida Supreme Court says
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Published: July 4, 2008
TALLAHASSEE, Fla.
The Florida Supreme Court overturned yesterday an agreement that Gov. Charlie Crist signed with the Seminole tribe to expand gambling at its casinos, saying that the governor had no right to allow games that are illegal elsewhere in the state.
The November deal had allowed the tribe to install Las Vegas-style slot machines and such games as blackjack and baccarat at its seven casinos, including the Hard Rock Casinos in Hollywood and Tampa. But Crist overstepped his authority, the court ruled.
"The governor does not have authority to legalize in some parts of the state, or for some persons, conduct that is otherwise illegal throughout the state," the opinion said.
The opinion does not take issue with the slot machines, which are also legal at Broward and Miami-Dade County jai-alai facilities and horse and dog tracks, but rather with the table card games.
"What is legal in Florida is legal on tribal lands, and what is illegal in Florida is illegal there. Absent a compact, any gambling prohibited in the state is prohibited on tribal land," the opinion said.
The tribe says it is operating under a federally approved compact which gives it authority for the games. It has installed Vegas-style slots in six of its seven casinos and began blackjack games at its Hollywood casino on June 22.
"The tribe is studying the decision and plans no immediate change in any of the games that are offered," said spokesman Gary Bitner. "We want people to know that if they come to any of the casinos in the state this weekend for the holiday, that they can play."
The agreement gave the tribe exclusive rights to the card games. In exchange, the tribe gave Florida $50 million when Crist, a Republican, signed the compact. The state was to receive another $175 million over the next two years, $150 million for the third year of the agreement, and at least $100 million a year for the remainder of the 25-year deal.
House Speaker Marco Rubio challenged Crist's authority to sign the agreement and asked the Supreme Court for an opinion. Senate President Ken Pruitt later joined the challenge.
Crist's office did not immediately return a call and an e-mail asking for comment. Rubio and Pruitt, both Republicans, praised the decision.
"The court's decision is a victory for our constitutional system of checks and balances," Rubio said. "I look forward to an open and deliberative process that results in a new compact that doesn't unnecessarily expand gambling in our state."
Pruitt said, "For the Senate, this case was about protecting the important concept of separation of powers. We are pleased with the Supreme Court's decision upholding the legislature's sole authority to make law."
Local and out-of-town gamblers said they were disappointed by the ruling.
"Think about it -- what's a casino without blackjack," said Michael LaBella, who was visiting the casino yesterday from El Paso, Texas. "I hate to say this, but compared to Vegas and Atlantic City, Florida has a long way to go."
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