Analysis: Crist-Rubio feud simmering
By Marc Caputo
Miami Herald Staff Writer
© 2007 Miami Herald
Monday, November 19, 2007
Nothing cuts through politicians' rhetoric like a lawsuit.
Once House Speaker Marco Rubio sued Gov. Charlie Crist over his gambling deal with the Seminole Tribe on Monday, it exposed tensions that have simmered between the top Republicans for months, as they've sugar-coated policy barbs with public compliments.
But now they will square off in the state Supreme Court, and the court of public opinion as well.
Rubio's suit hits Crist at the core of one of his claims that he's an open-government leader who ''respects'' the Legislature, which the governor says is in its ''Golden Era.'' The West Miami leader says Crist's gambling expansion ''blatantly usurps'' the power of the Legislature, which was kept in the dark during Crist's talks with the tribe.
The power struggle got personal when Crist hit back with a statement that he's ''disappointed'' Rubio is delaying money for schools. After all, the gambling agreement would help shore up the state's flagging tax collections.
Regardless of how the justices rule, the fallout from the suit presages a rocky spring lawmaking session as the two Republicans drift apart. Crist is pragmatically moving to the left -- the political center -- while Rubio shuffles to the ideological right.
From property taxes to global warming, Rubio has nipped at Crist's policies on a variety of fronts to establish himself as a hardline conservative who's upholding Jeb Bush's legacy.
A number of Bush confidantes are Rubio allies, including financial advisor Donna Arduin, who has espoused a starve-the-beast budgeting philosophy to limit government growth.
So don't expect the talk of more school money to play well in the House.
''Jeb and Donna spoke from the same book -- that you never need new money for government,'' said Jim King, a Jacksonville Republican senator who led his chamber in 2003-04.
''The political philosophy of Jeb Bush and the political philosophy of Charlie Crist are easily definable and different. Jeb and Marco are in lots of contact, and Jeb long ago had nearly annointed him as potential governor,'' King said, referring to a ceremony in which Bush gave Rubio a samurai sword.
King predicts far more friction to come, but pointed out lawsuits such as the one Rubio filed Monday are not uncommon because the American political system pits the branches of government against each other.
The fights don't always devolve into bitter battles. Consider a lawsuit that former Senate President Toni Jennings successfully filed against Bush to stop one of his vetoes. Bush later chose Jennings to be his lieutenant governor.
And though Rubio is now fighting what he sees as the governors' encroaching on lawmakers' turf, he and the rest of the Legislature were once willing to allow the executive branch to overstep its authority: They passed a law that gave Bush the power to bypass a court to re-insert a feeding tube in a dying woman named Terri Schiavo. The state Supreme Court rejected the law.
When it comes to gambling, Rubio himself does not have a black-and-white record. He allowed pro-gaming-industry measures to pass out of the House this year. When Crist allowed the measures to become law without his signature, Rubio criticized Crist.
Crist scuttled Rubio's plans to exchange homestead property taxes for increased sales taxes -- all the while praising Rubio. Rubio later trashed Crist's property-tax plan -- all the while praising Crist, albeit meagerly.
The state Capitol has been abuzz with rumors that Rubio would challenge Crist in an election -- a dream of Rubio advisors who supported Tom Gallagher, the Republican Crist trounced in the 2006 gubernatorial primary.
But such a campaign is unlikely. Crist's popularity numbers are high. Few know and like Rubio outside of Miami-Dade. Also, Rubio leaves office next year due to term limits. He'll have to wait two years before getting a shot at any statewide office.
Meantime, Rubio, Crist and Senate President Ken Pruitt face one of the toughest legislative challenges: The needs or wants of government are growing at a time tax collections are declining.
So while their personalities clash, the three men will have to rely on each other to avoid becoming do-nothings.
It's a recipe for more mutual public praise -- and more barbs and lawsuits as well.
Miami Herald staff writers Gary Fineout and Mary Ellen Klas contributed to this report.
Rubio asks court to block Seminole deal
By Mary Ellen Klas
Miami Herald Staff Writer
© 2007 Miami Herald
Monday, November 19, 2007
Instigating a showdown that will determine whether the Seminoles will be able to bring blackjack to Florida, state House Speaker Marco Rubio asked the Florida Supreme Court on Monday to throw out Gov. Charlie Crist's historic deal with the tribe.
Rubio wants the court to invalidate the compact Crist signed last week with Seminole Chairman Mitchell Cypress, saying it ''blatantly usurps legislative power'' and violates the state Constitution.
The 25-year agreement gives the tribe exclusive rights to install Las Vegas-style slot machines and card games such as blackjack and baccarat at their seven casinos throughout the state, including the Hard Rock Casino & Resort near Hollywood. In return, the tribe guarantees to pay the state at least $100 million a year from its gambling revenue.
Rubio, a West Miami Republican, argues in a lawsuit filed with the high court that the compact violates one of the fundamental principles of government: the separation of powers. The lawsuit claims that the governor has no authority to unilaterally expand gambling, raise revenue or regulate gaming without legislative approval, and that the compact is ``tantamount to lawmaking.''
''This case is about protecting our system of checks and balances,'' Rubio said in an e-mail to House members Monday. ``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.''
If the court agrees with Rubio's argument, the justices could throw out the deal entirely, forcing the governor and the tribe to start over. The court could also order the governor to have the Legislature vote on the agreement. The justices did not say Monday when they would consider the suit, but Rubio asked the court to act quickly.
Crist, who said he was reviewing the lawsuit ''to determine our best course of action,'' said he was ''disappointed'' that it may delay collecting gambling money to help finance education.
The governor's chief of staff and key negotiator in the deal, George LeMieux, disagreed with Rubio that the compact violates state law, because the Seminole Tribe is a sovereign nation and ``not under state law.''
''That may be good politics, but it's not true,'' LeMieux said. ``What we did is what the governor has the authority to do under his power as executive, not unlike a president who negotiates treaties. We were very careful not to invade the legislative prerogatives.''
At least five other states have filed similar lawsuits against governors that entered into compacts with Indian tribes without legislative approval. In every case, the legislatures prevailed when the courts concluded that the expansion of gambling is a policymaking decision restricted to lawmakers, not governors.
The legal clash between Crist and the House comes at a time when relationships between House and Senate leaders and the governor, all Republicans, have become increasingly testy because of the gambling issue.
Crist, a former state senator, told Rubio and Senate President Ken Pruitt in the summer that he would ask the Legislature to approve the compact. But as drafts were released and opposition mounted, Crist changed his mind.
In an e-mail to hundreds of Floridians last week, Crist acknowledged the anticipated legal dispute but said he had no choice but to sign it, because the U.S. Department of Interior had threatened to allow tribal gaming without revenue to Florida if the talks weren't completed by Nov. 15.
''While some may argue that the federal government could not force Florida to accept gambling on tribal land, I did not have the luxury of waiting for the case to play out in the courts,'' Crist wrote. ``That was a gamble I was not willing to take.''
The Senate has not decided ''whether or not we will proceed with a lawsuit,'' said Senate spokeswoman Kathy Mears.
The lawsuit asks the court to force the governor to state what authority he has to enter into the compact. The federal Indian Gaming Regulatory Act, which regulates the relationship between state and Indian tribes on gambling issues, does not say whether the governor or the Legislature must sign a compact. The Florida Constitution is silent on how to handle the signing of tribal compacts.
Rubio hired University of Florida constitutional law professor and former House Speaker Jon Mills to write the petition to the Supreme Court. It claims that because the federal Indian gaming act prohibits the governor from approving gambling that is illegal in the state, the compact violates the U.S. Constitution as well.
Rubio argues in the lawsuit that federal law does not guarantee the tribe the right to Las Vegas-style -- or Class III -- games, but that it is entitled only to enter into negotiations with the state to get them.
''This case is about the governor's encroachment on the Legislature's law- and policymaking authority, in violation of our Constitution's strict separation of powers provision,'' House lawyers argued in the 31-page lawsuit. ``The compact most blatantly usurps legislative power by authorizing numerous card games that the Legislature has forbidden in all circumstances.''
The compact is now being reviewed by the Department of Interior, which has until Dec. 28 to either approve it, let it take effect without action or reject it.
Expanded gambling faces court challenge
Mike Deeson, Tampa Bay's 10 News
Monday, November 19, 2007
Tampa, Florida - Let the Games begin. That's what Governor Charlie Crist essentially said when he signed the compact to expand Indian Gambling. Bet you're not surprised the Seminoles think it is a great move.
The Tribe is running a TV commercial praising the decision saying, ”The federal government has given Florida a choice: allow and benefit from Indian gaming or they will. A guaranteed minimum of $100 million for schools and tax relief or nothing."
But House Speaker Marco Rubio is trying to make the deal go bust by filing a petition with the Supreme Court, saying the governor lacked the authority to sign the deal, it is invalid unless and until approved by the Legislature, and Rubio says he must protect the system of checks and balances. The governor isn't worried.
We asked him if he thinks the Indian Compact will stand a court challenge. Crist says he does. He adds his office "researched it very well and I think it is the right thing for Florida."
But not all lawmakers believe that the Legislature has to approve the governor's action to expand gambling. At least one, Senator Mike Bennett of Sarasota, says the lawsuit is counterproductive and from a taxpayer standpoint makes no sense.
"Now we have government suing government and the taxpayers are going to pay for it," Bennett says. "That will eat up $100 million and I don't want to see it go that way."
And apparently most Floridians agree. The Seminoles say a survey shows 66 percent support expanded gambling.
Gene Diamond is typical of people we talked to who says he supports the plan. "It's an easy way to take taxpayer money rather than on the 1040," Diamond says.
And that's why the governor who doesn't like gambling of any sort is betting the deal will be good for Florida and the court will force Rubio to fold.
Rubio asks SCOFLA to block gambling deal
Jim Ash, Florida Capital Bureau Chief
Tampa Bay's 10 News
Monday, November 19, 2007
TALLAHASSEE, Florida – Two of the state's most powerful Republicans are headed for a Supreme Court showdown with House Speaker Marco Rubio challenging Gov. Charlie Crist's recent gambling compact with the Seminole Tribe of Florida.
Rubio asked justices this afternoon to void the compact, which would allow the tribe to offer black jack and other high-stakes games in exchange for hundreds of millions of dollars that Crist wants to spend on education.
Rubio opposes casino gambling, but insists he is defending the Legislature's constitutional authority to make policy.
"This case is about protecting our system of checks and balances," Rubio said in a written statement. "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."
Filed by University of Florida law professor Jon Mills, a former House Speaker, the petition accuses Crist of overstepping his bounds when he signed the compact last week. It asks the justices to require legislative approval.
"This unilateral attempt by the Governor to re-write fundamental policy and alter Florida law is directly contrary to Florida law and violates Florida's separation of powers doctrine," Mills wrote in the petition.
House speaker asks court to block Seminole gambling deal
Fox News - Channel 13 - Tampa
Copyright 2007 Associated Press
Monday, 19 Nov 2007
TALLAHASSEE - The Florida House and Speaker Marco Rubio asked the state Supreme Court on Monday to block Gov. Charlie Crist's deal with the Seminole Indians to expand gambling on tribal property.
The representatives said in a lawsuit that they want the justices to invalidate the agreement unless it is approved by the Legislature. Crist contends legislative approval isn't required.
The governor signed the 25-year compact with the tribe last week. It includes a minimum $100 million annual payment to the state in exchange for adding Las Vegas-style slot machines and card games such as blackjack at the tribe's seven casinos.
Rubio, R-West Miami, opposes the expansion of gambling, but he said the principles at stake are higher than that.
"This case is about protecting our system of checks and balances," Rubio said. "Rather than place too much power in the hands of one person, our constitution divides power among three equal branches of government."
The speaker said he had an obligation to protect the House's constitutional role to make laws and set policy. Rubio said the case also is about making major policy decisions in the open with an opportunity for the public "to ask questions and hear answers."
Crist spokeswoman Erin Isaac said the governor's lawyers were reviewing the lawsuit.
"The governor is disappointed that the actions of the speaker may delay additional dollars to education," she said.
Senate leaders still are considering their options and have not yet decided whether to also challenge the pact, said Senate spokeswoman Kathy Mears.
House attorneys, including University of Florida law professor Jon Mills, a former House speaker, wrote in the complaint that the gambling deal encroaches on the Legislature's turf.
The compact "among other things, authorizes types of gambling that are currently illegal everywhere in Florida and restricts the Legislature's discretion in myriad ways," the House lawyers wrote.
Crist is the only defendant named in the lawsuit, but Barry Richard, a lawyer for the Seminoles, said the tribe will ask for permission from the high court to intervene on the governor's side.
Richard said there is nothing in the state constitution requiring legislative approval of such an agreement.
"We were very careful not to include anything in the compact that falls in the legislative realm," Richard said. "This is not an assigned function under the Florida Constitution."
The agreement already is in the hands of the U.S. Interior Department. If the agency fails to act in 45 days after its signing last Wednesday, the compact will automatically go into effect, Richard said.
Rubio's lawyers noted that five other state supreme courts have ruled legislative approval is required when faced with the same issue.
Richard, though, said it is a case of mixed state-federal law. The Florida Supreme Court can interpret federal law but such decisions then can be appealed to the U.S. Supreme Court, he said.
The governor agreed to the deal one day before a deadline set by the Interior Department.
The agency indicated it was ready to authorize expansion of Seminole gaming without a guarantee of money to the state if Crist failed to act. Federal officials said the Seminoles are at a competitive disadvantage because of the recent addition of slots at dog and horse tracks and jai alai frontons in Broward County.
The deal covers Seminole casinos in or near Okeechobee, Coconut Creek, Hollywood, Immokalee, Clewiston and Tampa.
State House leader seeks to block Seminole gambling pact
By Michael Peltier
© 2007 Bonita Daily News
Monday, November 19, 2007
TALLAHASSEE — House Speaker Marco Rubio on Monday upped the ante on an agreement to expand gambling by asking the Florida Supreme Court to invalidate a pact made by the governor last week with the Seminole Tribe Florida.
Rubio called meaningless the agreement forged last week between Gov. Charlie Crist and tribal leaders that expands gambling at the tribe’s seven casinos including Immokalee unless the Legislature approves, lawyers for the Miami Republican said in a petition to the state’s highest court.
Rubio, who opposes the expansion of gaming across the state, said the issue goes beyond gambling and challenges fundamental constitutional issues dealing with checks and balances.
“This case is also about ensuring that major public policy decisions are made in the open,” Rubio wrote in a statement. “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.”
The petition cites the Legislature’s sole responsibility to enact laws, leaving the governor with no power to make such agreements on his own. It says the governor violated those provisions last week by cementing a deal.
Attorneys for the governor have argued that as head of state, Crist is allowed to negotiate treaties and other agreements with sovereign nations including the Seminole Tribe. Such authority is similar to that given to U.S. presidents under the U.S. Constitution, the governor contends.
Federal officials had given Crist a deadline of Nov. 25 to complete a deal. Spokeswomen for the Senate and Crist’s office said their respective staffs are reviewing the petition and had no immediate comment.
The challenge is the latest chapter in what has been a 16-year quest by Florida officials to reach a deal with the Seminole Tribe of Florida over gaming. Last week, Crist and Seminole leaders signed a 25-year agreement to regulate gaming at tribal casinos across the state.
The plan would allow the tribe to provide higher stakes slot machines and card games such as black jack and baccarat. In exchange, the state would receive an immediate cash payment of $50 million and up to 25 percent of gaming revenues from slot machines and card games including black jack and baccarat.
Over the first three years, the plan would guarantee at least $100 million a year. Ongoing, the state would receive at least 10 percent of gaming revenue on a graduated scale. Once the gambling revenues top $4.5 billion, the state would receive 25 percent.
Indian gaming laws going back to 1988 generally allow tribes to conduct gambling operations on their sovereign lands. It also allows them to provide games equivalent to those being offered on non-tribal lands.
Under the agreement, the tribe gains exclusive rights to operate gaming outside Broward and Miami-Dade counties. If lawmakers expand gambling elsewhere, the compact is broken and the tribe no longer has to pay.
Any agreement would have to be approved by the U.S. Department of the Interior, which oversees the Bureau of Indian Affairs.
Sen. Burt Saunders, R-Naples, said the Legislature should be involved in any agreement regarding gambling in Florida. Saunders said provisions in the document dealing with exclusivity and payments to the state are legislative in nature and cannot be handled by the governor alone.
“The Florida Legislature should be involved in this,” Saunders said. “It embodies some very significant concepts.”
Michael Peltier can be reached at mpeltier1234@comcast.net