Industry News
Just as negotiations between Crist's office and the tribe are being finalized, and a federal deadline of Nov. 15 to approve the deal beckons, it seems that gaming opponents may resort to litigation to resolve the issue.
A legal opinion was released by former House Speaker Jon Mills, now a University of Florida law professor, on Thursday, saying that Governor Crist does not have the authority to sign off on the deal without legislative approval. The current House speaker Marco Rubio released the opinion to the public.
"If Speaker Rubio is able to block it, then I guess we make a lot of attorneys a lot of money," said Senator Dennis Jones (R-Seminole). "The governor will do what he has to do. We'll take a look at it. I hope we pass it. But in either case, I imagine there will be litigation."
Jones, whose committee monitors gambling, said the Senate would prefer to have some say in tribal gambling to ensure the casinos are safe and abide by other state employment laws. But, if the governor thinks the best way to change policy is through negotiation with the tribe, he accepts that.
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High-Level Opposition
Florida Attorney General Bill McCollum has vowed to sue federal officials if they intervene and allow expanded gambling, as Interior Department officials have vowed to do unless an agreement is reached by next week.Currently on a trade mission in South America, Gov. Crist has said he is not convinced the legislature is required to approve the agreement, called a "compact," but he also has said he prefers to give it that opportunity.
The compact that Crist and Barry Richard, the attorney representing the Seminoles, are close to finishing would allow the Seminoles to have not only Las Vegas-style slot machines, which federal law says they are entitled to, but blackjack and other card games that currently are prohibited in Florida. Those games, as well as table games, belong to a type of gambling called Class 3 by the federal government.
Rubio says he will not support a pact that allows the tribe to have types of gambling that are not permitted elsewhere in the state, and the only type of Class 3 gambling now allowed in Florida is slot machines, which were approved by voters for use in Broward County.
Crist's office said he would address the issue when he returns to Tallahassee on Monday, three days before the deadline set by U.S. officials, but the office would not say whether he plans to sign the compact.
Interior Department Assistant Secretary Carl Artman has warned Crist that federal officials will establish Class 3 procedures for the Seminoles if a compact is not signed by Nov. 15.
"Then there would be litigation for sure," McCollum said.
Senate Democratic Leader Steve Geller says federal law is absolutely "unclear" about what happens if the state does not reach an agreement with the tribe.
"If everybody agrees, then fine, we're one big, happy family. If the governor tries to do it without legislative approval, or if he seeks legislative approval and he gets turned down, or he doesn't sign the compact and Interior tries to impose rules, we end up in court," said Geller, a legal expert.
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