$2.5 Billion Seminole Tribe Pact is Defended by Florida Governor

Florida Governor Charlie Crist filed his answer to the lawsuit filed by Florida House Speaker Marco Rubio challenging Crist's authority to sign a gaming compact with the Seminole Tribe of Florida worth $2.5 billion to the state over the pact's next 25 years, giving the tribe the right to operate gaming facilities at seven locations across Florida, and to hold six no-limit poker tournaments per year.

Rep. Rubio sued Gov. Charlie Crist in the state's Supreme Court to prevent Crist from permitting new slot machines for the Seminole Tribe of Florida without the Legislature's approval.

The suit maintains that the agreement violates the Florida Constitution's separation of powers clause and encroaches on the Legislature's law and policymaking authority. The suit noted that five other states' high courts, in suits filed by legislatures, have ruled that "a governor may not unilaterally bind a state to a gaming compact" with Indian tribes.

CRIST REPLIES

The Governor's response says that the 16 years of negotiating the compact have been contentious and that the Legislature had numerous opportunities to pass legislation to link the validity of any compact to legislative ratification, but failed. The most recent cases were 2007 Senate Bill 160 and 2007 House Bill 209.

Given that the U.S. Department of the Interior was set to permit Class III gaming at Seminole Tribe facilities after Nov. 15 in the absence of a completed compact, the governor said he took action to protect the state from "unfavorable consequences."

The compact was on the eve of a federally imposed deadline that, if missed, would allow the Seminole Tribe to operate without sharing revenue with the state.

Now Crist is asking the court to dismiss Rubio's suit because it is improperly pleaded. He also said that the court shouldn't rule on the necessity of legislative approval since neither the House nor the Senate voted to approve or disapprove the compact.

Crist also argued that the compact is a contract not legislation and thus does not fall under the duties of the Legislature.

THE $2.5 BILLION DEAL FOR FLORIDA

Governor Charlie Crist signed the agreement with Mitchell Cypress, chairman of the Seminole Tribe of Florida, on Nov. 14.

The tribe will pay the state at least $2.5 billion over the next 25 years as a share of the revenue.

Under the terms of the compact, the Seminole Tribe will have exclusive rights to offer poker, Class III gaming machines, blackjack, and baccarat at all seven of its casinos: Immokalee, Big Cypress, Brighton, Hillsborough and Broward County (which has three locations).

According to the governor's website, the tribe will pay the state of Florida $50 million upon the federal government's approval of the compact.

Guaranteed annual minimum payments to the state of Florida will be $100 million, and starting in the third year, the state will receive between 10 and 25 percent of the revenue on a sliding scale, depending on total revenue amounts.

The Florida legislature will appropriate the funds.

For Poker, the only change is that the tribe is now permitted to hold six no-limit poker tournaments per year, with 70 percent of the revenue going to charitable organizations.

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