Tuesday's vote approving slot machines gives the Seminole and Miccosukee tribes unwelcome competition,
but it also gives them leverage in their push to bring not just slot machines, but craps, blackjack and other
Las Vegas-style gambling to their Florida casinos.
Federal regulators said Wednesday the state must now "negotiate in good faith'' with the tribes on a gaming
agreement, called a compact, that would allow expanded gambling in exchange for a chunk of the profits. If
Florida doesn't negotiate fairly, the Secretary of the Interior could ultimately give approval for anyway, said
Sean Pensoneau, spokesman for the National Indian Gaming Commission.
Such a move is unprecedented, he said, since states usually reach agreements.
"It's still early, but the NIGC thinks that this greatly strengthens the tribes' position that the state must
negotiate a compact,'' Pensoneau said. "If a class of gaming is available in the state, then the tribes should be
able to offer that class of gaming.''
The tribes and federal government must wait to see how the state legislature crafts the new law.
On Tuesday, Broward County residents voted to allow slot machines at pari-mutuel tracks in Dania Beach,
Pompano Beach and Hallandale Beach, while Miami-Dade voters rejected a similar measure.
The situation is uncertain since only one county, Broward, approved the slots, and because the vote didn't
specify which level of slots would be allowed. Class 2 machines currently in tribe casinos are based on a
bingo-style formula in which odds change as each number is pulled.
The federal government defines Class 3 games as having odds that remain constant, including craps,
blackjack, roulette and traditional slot machines.
"That's one of the open items," Gov. Jeb Bush said on Wednesday. "There's nothing in the initiatives that
says we have to have Class 3 slots."
While Pensoneau said any federal ruling would apply to all casinos run by the Seminoles and the Miccosukee,
Bush said that's not necessarily true.
"We still don't have complete clarity. The Miccosukee Tribe gambling facility is in Miami-Dade, and they
didn't pass it, so I think we're on new turf here,'' said Bush, who is staunchly opposed to gambling. He also
said that if legislators approve only Class 2 slots for the pari-mutuels, the tribes may not be entitled to any
changes.
Although slot machines and craps are vastly different games, they are both considered Class 3. The tribes
argue that if one form of Class 3 is allowed, they are entitled to all forms.
So far, only the Miccosukee have approached Bush about the compact, and the governor said the state will
negotiate when the time comes.
"We have an obligation in law to begin negotiations for a compact, but it's very hard to do that until we get all
this settled,'' Bush said.
Miccosukee Chairman Billy Cypress could not be reached for comment on Tuesday. Seminole Tribal
Councilor Max Osceola said the tribe has been trying to reach a deal with the state for 15 years and will
reopen negotiations shortly.
"We still want a compact, but I don't know whether this vote will help us or hurt us,'' Osceola said.
"Basically, we want to make a deal that will make the state a partner and let them share the profits.''
In 1979, the Seminoles became the first tribe in the country to open a high-stakes bingo hall, overcoming
several legal challenges by the state and former Broward County Sheriff Bob Butterworth. The ruling said
tribes can offer the same level of gaming as states, equating state-run lotteries with Indian bingo-style games.
Although tribes are considered sovereign and free from state oversight or interference, they still are
accountable to federal law and courts.
Fearing Indian gaming would become rampant, Congress in 1988 created the Indian Gaming Act that forced
tribes and states to negotiate compacts for table games like craps, blackjack and roulette and traditional slot
machines. Bingo-style games did not need such approval.
Florida refused to sign a compact and the Seminoles sued, arguing their rights were violated. In 1996, the
U.S. Supreme Court sided with Florida, saying states, like all Indian tribes, are immune from unwanted
lawsuits.
The ruling didn't hurt the Seminoles, who operate large bingo casinos in Hollywood, Tampa and Coconut
Creek, and lesser ones on the Brighton and Immokalee Reservations near Lake Okeechobee. The
Miccosukee operate a casino and golf resort in Miami-Dade.
But the Seminoles want to expand, and argue Tuesday's vote opens the door.
Although the Seminoles can't sue in court, they can appeal to the Department of Interior, which regulates
Indian tribes. Osceola said the Seminoles will not unilaterally install Class 3 slots or gaming, but plan to file a
petition with the federal government.
"We're not going to just go out and do what we want, because that would be cutting off our nose to spite our
face,'' Osceola said. "There's a process, and we'll follow it. But in the end, I think we'll wind up with a Class 3
license.''
Staff Writer Mark Hollis contributed to this report.
John Holland can be reached at jholland@sun-sentinel.com or 954-385-7909.