$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.

More Poker News Articles

OPPAGA Reports on Florida's Online Poker Options
12am Tue Nov 24th, 2009

Given that UIGEA permits individual states to regulate online poker, the Florida Legislature's Office of Program Policy Analysis and Government Accountability (OPPAGA) published a report this week presenting three options available to Florida State lawmakers in order to protect consumers from unlawful internet poker: regulate it, prohibit it, or carry on with the status quo pending federal legislation.

BC Poker Champion Arrested, Charged with Manslaughter
12am Tue Nov 24th, 2009

Just two days after taking down the BC Poker Championships Main Event, Sophon Sek of Cloverdale, BC, was arrested in connection with one of the most storied crimes in the Province's history.

Local Businessman Bags European Poker Tour Vilamoura Bling
12am Sun Nov 22nd, 2009

The European Poker Tour rolled into the Casino Vilamoura last week, instantly generating the richest poker prize pool in the nation of Portugal's history.

Keikoan Captures Harvey's Lake Tahoe WSOPC Championship
12am Thu Nov 19th, 2009

This week marked the finale of the biggest annual tournament series in Northern Nevada, the WSOP Circuit championship at Harvey's Lake Tahoe. While the Main Event saw only a modest turnout, it did boast of a tough final table, and a WSOP bracelet owner as the eventual champion.

WSOP Main Event Champ Joe Cada to Appear on Letterman
12am Wed Nov 18th, 2009

The poker world will receive some late night attention tonight as "The Kid" Joe Cada, the youngest champion in the four decade history of the World Series of Poker Main Event, takes a seat next to embattled talk show host David Letterman.

First Korean Champ of Asia Pacific Poker Tour Crowned in Cebu
12am Tue Nov 17th, 2009

Another stop on the Asia Pacific Poker Tour is in the books, this time it's the APPT Cebu in the Philippines, and for the very first time a Korean player has come out on top.

Pollack Done as Commish of World Series of Poker
12am Sat Nov 14th, 2009

Just three days after crowning Joe Cada as the 2009 Main Event champion, officially closing the special 40th anniversary run of the World Series of Poker, Jeffrey Pollack has resigned his post as Commissioner of the WSOP.

Durrrr Signs as Team Full Tilt's Youngest Member
12am Wed Nov 11th, 2009

Tom "durrrr" Dwan is the newest member of Team Full Tilt, the online site's highest level of affiliation. At 23, Dwan is the youngest of the now 14-person team. The high stakes cash phenomenon was nominated for induction this year into the Poker Hall of Fame until the Hall of Fame Governing Council decided he was too young to meet the "has stood the test of time" qualification.

Joe Cada Becomes Youngest World Series of Poker Main Event Champ
12am Tue Nov 10th, 2009

History was made early Tuesday morning in Las Vegas as 21-year-old Joe Cada outlasted Darvin Moon in heads-up play to claim the 2009 World Series of Poker Main Event bracelet and more than $8.5 million.

Moon and Cada Heads-Up, Ivey 7th at WSOP Main Event Final Table
12am Sun Nov 8th, 2009

After a marathon session at the most esteemed table in the poker world, a 21-year-old and a logger are set to go one-on-one for the World Series of Poker Main Event bracelet.