Crist faces showdown over gaming deal

By Mary Ellen Klas
Miami Herald Correspondent
© 2007 Miami Herald
Tuesday, September 25, 2007

Tallahassee: Gov. Charlie Crist's proposed gambling compact with the Seminole Tribe is unleashing a power struggle with the GOP-led Legislature over who has final say in the landmark change in state gaming law.

The governor believes he has the right to ''act for the state'' in executing the agreement to give Las Vegas-style slot machines and blackjack-style card games to the tribe, while legislators from both parties argue they have an obligation to approve or reject the deal.

A draft of the compact released by the governor last week shows that if lawmakers don't ratify the compact, the governor may go ahead with the expanded games without their approval. The unilateral strengthening of the governor's hand has annoyed lawmakers, even those who normally support Crist. If the feud continues, the governor has hinted he's prepared to see them in court.

''A lot of people have the right to make their cases,'' Crist said. ``It's the judges that ultimately decide and I'll leave it to the judicial branch.''

The issue may come to a head next week, when lawmakers meet in special session to trim the state budget. The governor is hoping to have the gambling agreement signed by then so he can bring it before lawmakers for approval.

But tension is building, with legislative leaders saying that Crist's office hasn't even shown them drafts of the deal. ''Everything I know about the compact at this point comes from media reports,'' House Speaker Marco Rubio said Monday.

The feuding erupted two weeks ago, when the governor released drafts of his proposed deal to give the tribe new games at their seven casinos in exchange for as much as $200 million a year in revenue.

Rubio and other Republican House leaders complained to Crist that he should not give the tribe anything but the Class III slot machines like those already in Broward casinos. They warned that anything beyond that would be rejected by the House.

Senate President Ken Pruitt didn't comment on the proposal but agreed that any expansion of gambling should be approved by the Legislature.

Crist initially promised to bring the issue to the Legislature, but rather than face an embarrassing loss in the House, endorsed a hybrid solution last week. The latest draft compact lets lawmakers vote on the deal, but if it is rejected, the governor may go ahead on his own.

That prospect aggravated House and Senate leaders Monday, who worry the governor could violate their constitutional right to have the final say on gambling policy.

''The creation of anything beyond slot machines is a massive expansion of gambling in Florida,'' said Rubio, a West Miami Republican. ``I find it almost impossible to believe you can do that through the signature of one person, even someone as powerful as the governor.''

Sen. Dennis Jones of Treasure Island, the head of the Senate's gambling oversight committee, said he likes the idea of giving the tribe card games and slot machines, but said the governor's latest draft may be overreaching.

Senate Democratic Leader Steve Geller of Cooper City disagrees that the governor has the authority to act for the state. ''The compact could be defeated over that issue alone,'' he said.

Rather than limit the governor's power, the latest draft of the proposal from the governor's office extends it even further. Embedded in the 40-page document is a provision that says if the state wants to give the tribe additional casino games, such as roulette or craps, the governor would only have to sign a ''Memorandum of Understanding'' to include them in the compact.

That provision was designed to streamline changes to the compact only if voters approve future constitutional amendments that allow for additional gambling, said Barry Richard, lawyer for the tribe.

Crist's office said these details are still being hashed out. Richard said the parties have agreed to meet this week to ''work out the kinks.'' They have tentatively set a Sept. 30 deadline to sign the final deal.