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Official Warns Crist On Tribal Gaming

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By JEROME R. STOCKFISCH, The Tampa Tribune

Published: September 7, 2007

TALLAHASSEE - Gov. Charlie Crist could be overstepping his authority if he is considering allowing Indian casinos to have higher-end Class III gaming such as blackjack and craps, according to an opinion released Thursday by Attorney General Bill McCollum.

What's illegal under state law is illegal for the tribes, McCollum said in a response to questions from House Speaker Marco Rubio, R-West Miami.

It was not immediately clear how McCollum's opinion, which is not legally binding, could affect negotiations between the Crist administration and the Seminole Tribe of Florida. The document was released late Thursday and representatives of Rubio's and the governor's offices said neither man had reviewed it.

The tribe opened talks with the state after voters approved Class III slot machines in some Broward County parimutuel sites. State law prohibits most forms of gambling, with an exemption for the Class III slots carved out after the South Florida vote.

According to federal Indian gaming law, tribes are allowed to offer the same type of gaming the state allows elsewhere. That suggests the Seminoles will be able to provide Class III slots. Those machines are flashier and provide better payouts than the Class II machines now provided in Indian casinos, which are basically well-disguised bingo games.

The tribe operates the Seminole Hard Rock Hotel and Casino northeast of Tampa at Interstate 4 and Orient Road.

Both sides have been tight-lipped about the negotiations, but some insiders said the state could offer the Seminoles the right to provide not only Class III slots, but additional Class III gaming - such as table games - with the state getting a cut of the revenue.

Rubio, who opposes the expansion of gambling in Florida, asked McCollum whether federal Indian gaming rules require the state to negotiate over gaming prohibited by state law. No, McCollum said.

Crist and others have argued that the state has no choice but to negotiate Class III gaming or have the federal government impose rules. Although that is the case, McCollum's opinion could back up those who say the governor does not have to venture into new territory such as blackjack and craps.

Reporter Jerome R. Stockfisch can be reached at (850) 222-8382 or jstockfisch@tampatrib.com.

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