Slots are fine, but which slots?
After Broward County opened the gate for the machines, state lawmakers have a plan to restrict them.
Alisa Ulferts and Joni James
© Copyright 2005 St. Petersburg Times
Thursday, March 10, 2005
TALLAHASSEE - A day after Broward County voters approved slot machines, gambling opponents and supporters were squaring off over a basic question:
What is a slot machine?
The gambling industry, including the state's seven Indian casinos, says it's Las Vegas-style machines with big payouts and more profit for casinos.
Gov. Jeb Bush and powerful Florida lawmakers want a more restrictive type of machine already in use at Indian casinos around the state. They plan to propose legislation to get their way.
"I think the authors of the amendment made a real tactical error in using the slang term slot machine," said Rep. Randy Johnson, R-Celebration, "and I plan to take advantage of that."
Broward County parimutuels will oppose the plan and challenge it in court if necessary, lobbyist Ronnie Book said Wednesday.
"The constitutional amendment is clear," Book said.
Johnson has filed a bill that would define a slot machine as a device used in "Class II" gambling, a federal classification for games such as bingo or poker in which players compete against one another and the casino takes a portion of the amount wagered.
The slot machines at the Seminole Hard Rock Casino in Tampa and other Indian casinos are actually electronic bingo games that manufacturers have dressed up to look like slot machines.
That's also why the payouts are lower. In Class II, players wager against whoever else is playing at the moment, not against the casino.
The parimutuels in Broward want Class III. They say that's what voters passed.
Class III games such as blackjack, roulette or Vegas-style slot machines, pit the player against the casino - sometimes for huge jackpots. Class III games also are more profitable for casinos because they can set the payouts, subject to law.
"The constitution was amended to allow slot machines, and a slot machine is what you see in Las Vegas or Atlantic City," said John Knox, vice president and general manager of the Dania Jai Alai fronton. "To be competitive with the Indians and to answer the constitutional amendment, we want regular slot machines."
Bruce Rogow, a Nova Southeastern University professor who has handled much of the Seminole Tribe's gambling litigation, said this week's vote clearly allows Indian casinos to install Las Vegas-style slots.
Under federal law, American Indian tribes can offer the level of gambling that is legal in the state where they are located.
"I don't think there can be any doubt about that," Rogow said. "Legally, they have the green light. We are now in Class III territory."
He said the tribes now hold "all the bargaining power" in dealing with the state over slots.
Jim Shore, general counsel for the Seminole Indians, said the tribe hasn't decided how to proceed after Tuesday's vote.
"We're just letting a couple days slide by and seeing what they're thinking in Tallahassee," Shore said. After that, "We'll maybe get together and plan out a strategy. It's just a question of what the tribe wants to do."
But one thing is clear.
"At minimum, we should be entitled to the same kind of slots the parimutuels get," Shore said.
Already, the Miccosukee Tribe, which runs a casino west of Miami, wants to negotiate with the state about placing Vegas-style slots in its casino.
And that's why providing a definition of a slot machine is important, said Rep. Frank Attkisson, a Kissimmee Republican and chairman of the House Business Regulation Committee. It sets the stage for future state negotiations with Indian tribes that run casinos on sovereign land.
Book said he's concerned about the possibility of legislators passing a law that would allow only Level II gambling.
"We think the industry and the state is best served by passing fair, competitive legislation," Book said.
He accused Central Florida lawmakers of trying to protect their tourism economy at the expense of other parts of the state.
"This is about trying to protect tourism in Central Florida over the interests of tourism in South Florida. Pure and simple. It's not about anything else," Book said.
Robert Ring, 60, goes to the Seminole Hard Rock Casino in Tampa at least once a week.
He and his wife escape the cold weather in Maine and live in Zephyrhills during the winter. And when they want "real slot machines," they ditch Tampa's Hard Rock and head for a gambling cruise ship or Biloxi, Miss.
Ring thinks the governor should allow more Vegas-style slot machines, including in Tampa.
"It's an individual's choice to whether he wants to come here and gamble or not," Ring said. "The governor isn't forcing it on the public."
The latest flurry over slot machines began in November when Florida voters approved a measure to amend the state Constitution, allowing residents of Broward and Miami-Dade counties to vote on slot machines.
Broward voters on Tuesday approved slot machines at racetracks and jai alai frontons, while Miami-Dade residents rejected the machines.
Proponents say Las Vegas-style slot machines in Broward County could stimulate economic development and deliver almost $250-million annually for schools statewide. They spent millions of dollars to get the measure approved, and the industry has promised to give schools at least 30 percent of proceeds from the machines.
But opponents, including Bush, have argued that the machines would increase crime rates and gambling addiction and damage Florida's reputation as a family-friendly vacation destination.
Bush has said there's no guarantee that the slots would raise hundreds of millions of dollars for schools or that the bulk of that money will stay in South Florida.
The Legislature will determine how many slot machines are allowed, the hours of operation, how much the gambling is taxed and how the revenue is distributed. Under the amendment approved by voters, any tax revenue the state collects must go to schools statewide.
Both House Speaker Allan Bense, R-Panama City, and Senate President Tom Lee, R-Brandon, have said they don't want expanded gambling in Florida.
"I'm not as worried as I was. There will be fewer parimutuels participating with only Broward in it," Bense said. "I'm not as worried about having a big sign over the state saying "Florida gambling.' "
Lee was more direct earlier this week in his opposition.
"A successful future for our children will not be secured by slot machines," Lee said.
Times staff writers Steve Bousquet, Brady Dennis, Tamara Lush, Lucy Morgan and Kevin Graham contributed to this report.