A Broward legislator on Thursday asked the state Division of Pari-mutuel Wagering to order Broward County not to regulate slot machines and warn race tracks and the jai alai fronton that they could face disciplinary action if there is any attempt to install the machines without permission of the Legislature.
State Rep. Ellyn Bogdanoff, R-Fort Lauderdale, petitioned the division for a ruling that only the Legislature is responsible for regulating gambling in Florida under the constitutional amendment passed in November 2004.
"I believe that the regulation of slot machines is the sole purview of the Legislature," Bogdanoff said. "The constitutional amendment as passed is of no force or effect until the Florida Legislature acts."
Her petition argues that any pari-mutuel that opens casinos before the Legislature acts could have their slot machines seized along with any money made by the machines and the facility's alcohol license lifted.
Bogdanoff said the Legislature made "a good faith effort" to regulate slots at the just-completed 2005 session of the Legislature and may return for a special session to deal with the issue.
Earlier this week, the Broward County Commission agreed to consider regulating the slot machines itself. Commissioner Ilene Lieberman, who is leading the move to have the county regulate slot machines, said Bogdanoff's petition to the state would make no difference and the issue would still be debated next Tuesday.
"Tuesday is just a start," Lieberman said. "It will be a long process. In the meantime, the Legislature could act in a special session."
A constitutional amendment passed in November authorized a March referendum in Broward when voters approved slot machines in four pari-mutuel facilities.
The Legislature tried and failed to pass regulations, which included establishing the taxes that would be paid, how many machines would be approved and the hours of operation.
Political Writer Buddy Nevins can be reached at bnevins@sun-sentinel.com or 954-356-4571.
ISSUE: Broward County wants to see if it can write its own rules to govern slots.
Imagine if Broward County officials could set their own rules regarding slots, whether it's regulating the payouts of each machine or determining who'd actually benefit from gaming's newest tax revenue.
If it sounds like a long shot, it is. But, that's where county commissioners now find themselves, thanks largely to the unwillingness of the governor and state lawmakers to resolve this issue in Tallahassee.
This week the commissioners asked the county attorney to determine if Broward could regulate the pari-mutuels. Next week, they'll consider drafting regulations that cover the hours of operations and the winnings dispensed from individual slot machines.
The county's frustration is understandable, but it doesn't justify the overreach. Deadlock in the Florida Legislature disappointed many who saw slots as a new source of government revenue. Still, reality and law dictate that the implementation and oversight of slots must rest with state government.
It took a statewide vote to change Florida's Constitution to allow Broward and Miami-Dade counties to conduct a local vote on slots, and the amendment's language was clear. It says lawmakers "shall adopt legislation implementing the amendment." An attorney general's opinion supports the Legislature's role.
A state agency within the Department of Business and Professional Regulation already supervises pari-mutuel wagering. All this amounts to high legal hurdles for a power grab, even by a determined county commission like Broward's.
Besides, commissioners can only blame themselves for rushing lockstep with local pari-mutuels in seeking an early vote on the issue before the Legislature began crafting an implementing bill.
Chalk it up as an audacious move on the part of Broward County. Seeking local control of slots, however, won't speed up its implementation, which is headed for a protracted stint in the courts.
No one has the stomach for a special legislative session in Tallahassee, but if any new dramatic events occur, one might be in the offing.
BOTTOM LINE: Usurping state control over slots amounts to long odds on a bad bet.
Slots foe out to trump county
An anti-slots legislator wants the state to revoke the license of any parimutuel operator who opens slot machines before the Legislature acts.
By Mary Ellen Klas
meklas@herald.com
© 2005 Miami Herald
Friday, May. 13, 2005
TALLAHASSEE - Afraid Broward's parimutuels may start running slot machines without regulation, state Rep. Ellyn Bogdanoff Thursday asked the state to revoke their licenses if they do.
Bogdanoff, a Republican attorney from Fort Lauderdale, petitioned the Florida Department of Business and Professional Regulation, which regulates gambling, to issue the ruling.
She asked the agency to clarify that the slot machines may not be installed at Dania Jai-Alai, Gulfstream Park, Hollywood Greyhound Track and Pompano Park harness track until the Legislature takes action.
If they attempt to operate without regulation, the Division of Pari-mutuel Wagering should strip them of their gambling licenses, she said.
''This issue needs to be well thought out and implemented, because this is a long-term thing,'' Bogdanoff said. ``This is a huge expansion of gambling.''
AGENCY TO INVESTIGATE
The department has agreed to look at the issue.
''We think it is appropriate, as the agency that regulates this industry, to issue an order,'' said DBPR spokeswoman Meg Shannon.
She did not know when the order would come.
The state agency's involvement could cut short an effort by some members of the Broward County Commission to have the county draft rules controlling the operation of slot machines in the absence of legislation.
Florida lawmakers adjourned their regular session last week without writing the legislation needed to regulate the new slot machines, as required by the constitutional amendment voters approved last fall.
''It would be inappropriate for the county to step in, and I would like to get a statement and opinion from the division that explains that,'' said Bogdanoff, an opponent of slot machines.
''We did with good faith and with great effort attempt to resolve this issue,'' she said. ``It's a huge public policy issue and it just simply didn't get accomplished, but it's not like we didn't try. We tried.''
LAWSUIT IN MAKING
Industry officials said they will file a lawsuit in the next few days asking a judge to clarify the issue and either order the governor to call a special session of the Legislature to write the regulations, or have the court draft guidelines until the Legislature acts.
Bogdanoff said she disagrees with many slots supporters who believe the amendment approved by voters in November, and ratified by Broward voters in March, may take effect without legislation.
JULY 1 DEADLINE
The amendment gives legislators until July 1 to implement the proposal.
''The county is aggressively discussing stepping in and implementing regulation for slots,'' she said.
``There is a thought and belief that to some degree it's self-enacting, but not in the absence of action from the Florida Legislature.''