Attorneys argue gambling deal before Supreme Court

By Bill Cotterell
Florida Caplital Bureau Political Editor
© 2008 Tallahassee Democrat
Thursday, January 31, 2008

Gov. Charlie Crist, who sometimes recalls his days as a college quarterback, simply "called an audible" under a blitz from the federal government when he signed a casino gambling deal with the Seminole Tribe of Florida, his lawyer told the Florida Supreme Court on Wednesday.

But he was constitutionally off-sides, replied a former House speaker who argued that governors can't unilaterally legalize new forms of gambling without running it by the Legislature.

Six justices peppered the lawyers with questions about separation of powers and state-federal issues involving sovereign Indian lands, but gave no indication how or when they will rule in the dispute.

"This compact, as it stands before you, is unconstitutional," said Gainesville attorney Jon Mills, representing House Speaker Marco Rubio, R-Miami, and Senate President Ken Pruitt, R-Port St. Lucie. "It exceeds the governor's power."

But attorneys Christopher Kise, representing Crist, and Barry Richard, pleading for the Seminole tribe, said governors can enter into contracts and implement policy for the public good. Because voters authorized some forms of Class 3 gambling — Las Vegas-style slot machines and banked card games like blackjack and baccarat — at some South Florida pari-mutuel tracks and jai-alai frontons, Richard said, the tribe may run the same games on its lands.

"It does not encroach on any legislative authority, and that is the test in Florida," Richard said of the pact Crist signed with the tribe late last year.

Crist contends the U.S. Department of Interior would have let the Seminoles run casinos at seven tribal locations without cutting the state in for any royalties or taxes if he had not acted. Kise and Richard said the Legislature had 16 years to act on casino gambling, but only sued the governor after he inherited the federal mandate and sought to resolve it.

"If the state allows Class 3 gambling at all, then the Indian tribes, by federal law, are entitled to 'such' gaming. It doesn't say what 'such' means," said Richard. "Card games are Class 3 games, slot machines are Class 3 games; it's undisputed that Florida allows Class 3 gaming."

Mills, who was House speaker from 1987-88 and University of Florida law school dean 1999-2003, said executives have authority to negotiate all sorts of contracts for the state. But he said they can't change gambling laws or make other substantive changes in statutes without legislative approval.

About 800 slots began operating Monday at the Seminole Hard Rock Hotel and Casino in Broward County. The state has already received $50 million under the compact and is guaranteed $100 million a year. The state's share increases to $150 million in the third year of the pact and will then be based on casino revenues.